Agenda_14OCT2015_ccMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 14,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visif 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 Glerk prior to engaging in any lobbying activity
with the Gity Commission, any City Board or Committeer or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
Office of the City Clerk. Questions regarding the provisions of the Code should be directed to
the Office of the City Attorney.
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ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
Call to Order - 8:30 a.m.
lnspirational Message and Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Recess for lunch at approximately 12:00 p.m.
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We are commifted to providing excellent public seNice and safety to all who live, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, October 14, 2015
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To lssue A Request For Qualifications (RFO) No. 2015-245-KB For
Architectural And Engineering Design Services For The Lincoln Road District lmprovements.
(ProcuremenVCapital lmprovement Projects)
C2B Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2015-191-YG
For South Pointe Park Water Feature Remediation.
(ProcuremenVCapital lmprovement Projects)
C2C Request For Approval To Award Contracts To Robertson lndustries, lnc., As The Primary Vendor
For Group l, And Leadex Corporation, As Secondary Vendor For Group l, And Metro Express,
lnc., As The Primary Vendor For Group ll, And Leadex Corporation, As Secondary Vendor For
Group ll, Pursuant To lnvitation To Bid (lTB) No. 2015-137-AK, For Pour-ln-Place Playground
Surfaces And Bonded Aggregate For Landscaped Areas.
(ProcuremenUGreenspace/Parks & Recreation)
C2D Request Approval To lssue lnvitation To Negotiate (lTN) 2015-294-ME To Seek Proposals From
Parties lnterested ln Partnering With The City To Develop Parking Along The Washington
Avenue Corridor.
(ProcuremenVParking)
(ltem to be Submifted in Supplemental)
C2E Request For Approval To Award Contracts To A Quick Board Up Service, lnc. As Primary Vendor,
911 Restoration, lnc. As Secondary Vendor Pursuant To lnvitation To Bid (lTB) No. 2015-145-AK
For Emergency Board-Up And Securing Service.
(ProcuremenVBuilding )
C2F Request For Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
C2G Request Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) 2016-002-KB For The
Painting And Striping Of Dedicated Bicycle Lanes.
( Procu rem e nUTra n s portatio n )
(ltem to be Submitted in Supplemental)
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Commission Agenda, October 14, 2015
C44
C4 - Gommission Committee Assiqnments
Referral To The Planning Board - Proposed Ordinances Amending Chapter 114 And Chapter 142
Of The Land Development Regulations Of The City Code, And Chapter 6 Of The City Code,
Pertaining To Alcoholic Beverage Regulations.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(Deferred from September 2, 2015 - C4C)
Referral To The Land Use And Development Committee And The Planning Board - An Ordinance
Amending Chapter 138 Of The Miami Beach City Code, Entitled "Signs," Article lV Entitled
"Temporary Signs," At Section 138-140 Entitled "Vacant Storefront Covers And Signs" To
Mandate That All Vacant Storefront Windows And Doors Be Wrapped ln Non-Commercial Paper
Designs; Providing For Enforcement And Penalties; And Providing For Repealer, Codification,
Severability, And An Effective Date.
(Sponsored by Commissioner Michael Grieco)
Referral To Neighborhoods/Community Affairs Committee - Discussion Regarding Multi-Use
Asphalt Skate/Bike Pump Track ln North Beach.
(Sponsored by Commissioner Michael Grieco)
Referral To The Land Use And Development Committee And The Planning Board - Amendments
To The City Code, lncluding The Land Development Regulations, To lmprove The City's
Resiliency To Sea Level Rise, Flooding And Natural Hazards.
(Sponsored by Commissioner Joy Malakoff)
C4B
c4c
C4D
c4E Referral To The Land Use And
Policy And Enforcement.
Development Committee - A Discussion Regarding Seawalls,
(Public Works)
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Commission Agenda, October 14, 2015
C6A
C6 - Commission Committee Reports
Report Of The September 9, 2015 Land Use And Development Committee Meeting: 1.
Discussion On Proposed Amendments To The Land Development Regulations To Remove The
Existing 'Sunset' Provision For Parking District No. 5 (Sunset Harbor) And To Clarify The
Conditional Use Requirements ln The CD-2 District. 2. Discussion Regarding Seawall Conditions,
Encroachments lnto Public Property For Private Use. 3. Discussion Regarding Traffic Studies. 4.
Proposed Revisions To Chapter 126 Of The Land Development Regulations Of The City Code,
Pertaining To Landscaping And Minimum Standards For The Landscaping Of Private Properties
And Adding A Requirement For A Tree Survey Prior To The lssuance Of A Demolition Permit.
5. Discussion: Legal Opinion Concerning Whether A Vacancy On The Historic Preservation
Board Renders The Board lmproperly Constituted And Without Power To Act, And To Discuss An
Amendment To Sec. 2-22(21) To Require The Mayor And City Commission To Fill Board
Vacancies Within 90 Days. 6. Discussion Regarding Amending The City Charter And City Code
To Provide That, lnstead Of The Board Of Adjustment, The Chief Special Master Shall Hear And
Decide Appeals From, And Review, Any Order, Requirements, Decision Or Determination Made
By An Administrative Official Charged With The Enforcement Of The Zoning Ordinance Of The
City Of Miami Beach. 7. Discussion On A Proposed Ordinance Amendment To Modify The
Minimum Front And Side Setback, And Minimum Pervious Area Requirements For Single Family
Homes, As Well As Simplifying The Regulations Pertaining To The Calculation Of Unit Size And
Lot Coverage. 8. Discussion Pertaining To Main Use Parking Structure Height Limits On Terminal
lsland. 9. Discussion Regarding Additional Height ln The Alton Road Parking District For Projects
That Provide Structured Parking. 10. Proposed Alton Road Alcoholic Beverage Establishment
Overlay. 11. Discussion Regarding Alcoholic Beverages As A Conditional lssue ln Commercial
Districts. 12. Discussion Regarding The Vacation Of A Portion Of The Alley Between Alton Road
And West Avenue, Just South Of 17th Street - As Part Of A Proposed Mixed Use Project That Will
lnclude Residential, Retail And Structured Parking, lncluding Public Parking. 13. Proposed
Amendment To Section 146-306 - Development Regulations ln The CD-2 Commercial Medium
lntensity District. 14. Washington Avenue Zoning lncentives - An Ordinance Amending The Land
Development Regulations (LDR's) Of The City Code, By Amending Chapter 142, "Zoning Districts
And Regulations," Article ll, "District Regulations," Division 5, "CD-2 Commercial, Medium
lntensity District," To Establish Section 13-309, "Washington Avenue Development Regulations
And Area Requirements," To Modify The Development Regulations For Properties Fronting
Washington Avenue Between 6th Street And Lincoln Road; By Amending Chapter 130, "Off-Street
Parking," Article ll, "Districts; Requirements," To Establish Parking District 7 To Modify The
Parking Requirements For The Properties Fronting Washington Avenue Between 6th Street And
Lincoln; Providing For Codification; Repealer; Severability; And An Effective Date.
Report Of September 9, 2015 Sustainability And Resiliency Committee Meeting: 1) Mayor's Blue
Ribbon On Flooding And Sea Level Rise Update. 2) Sustainability Committee Update. 3)
Discussion Regarding AECOM's Progress On The Development Of The City's Comprehensive
Resiliency Program. 4) Referral Designating A Department Or Specific Employees To Develop
And Oversee Sound And Comprehensive Policy Regarding Climate Change. 5) Discussion
Regarding The lncorporation Of Green Alleys. 6) Discussion To lmprove The Resiliency Of
Government Buildings And Operations To Reduce And Mitigate The lmpacts Of Greenhouse
Gases.
C6B
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Commission Agenda, October 14, 2015
C6C Report Of The October 5,2015 Finance And Citywide Projects Committee Meeting: f . Discussion
Regarding Land Use & Development Committee And The Planning Board For The Review Of All
Planning Fees, lncluding Fees Associated With Plans Review, Board Applications And Other
Ministerial Functions. 2. Discussion Regarding A New Lease Agreement Between The City And
Community Aids Resource, lnc. (DlBlNCare Resource) (Tenant), For The Use Of Approximately
1,926 Square Feet Of City-Owned Property, Located At 1701 Meridian Avenue, Suite 400, Miami
Beach, Florida (Premises), For A Term Of One (1) Year, With One (1) Renewal Option (Subject
To The City's Approval) For One (1) Additional Year. 3. Discussion Regarding The Betsy Air
Rights Agreement. 4. Discussion Regarding Biscayne Point lsland Entrance Enhancement. 5.
Discussion On Establishment Of A Special Assessment District For Sunset lslands 3 And 4 For
Conversion Of The Franchise Utilities From Above Ground To Underground. 6. A Discussion
Relating To A Ninety-Nine (99) Year Ground Lease Agreement Between The City And The
Sabrina Cohen Foundation, lnc. (The Foundation), For Approximately 5,100 Square Feet Of City-
Owned Land At Allison Park For The Proposed Wellness Center.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee fo Apply For,
Accept, And Execute Any And All Documents Or Agreements ln Connection With Grants And
Funding Requests From The Following Sources, And Authorizing The Appropriation Of Such
Funds (lncluding Matching Funds And Any Related City Expenses): 1) State Farm, Good
Neighbor Citizenship Company Program, ln The Approximate Amount Of $100,000; 2) Florida
Department Of Transportation, State Transportation lnnovation Council lncentive Program; 3)
Florida Department Of Transportation, Accelerated lnnovation Deployment Demonstration
Program; 4) Miami-Dade County Homeless Trust, ln The Approximate Amount Of $64,000, For
The City's Homeless Outreach Program; 5) Miami-Dade County, FY 2015/16 Emergency Medical
Services Grant, ln The Approximate Amount Of $20,000; And, 6) Florida Junior Golf Council, In
The Approximate Amount Of $4,000.
(Budget & Performance lmprovement)
C7B A Resolution Authorizing The City Manager To Approve And Execute The Renovation Of The
Existing Soccer Field With Artificial Turf For The Flamingo Park Master Plan Project Utilizing The
Existing National Joint Powers Alliance (NJPA) Contract ln The Amount Of $686,080 Plus Ten
Percent Owner's Contingency ln The Amount Of $68,608 For A Total Of $754,688 With
Previously Appropriated Funding.
(Capital lmprovement Projects)
C7C A Resolution Authorizing The Mayor, On Behalf Of The City, To Sign A Letter Of lntent To Join
The Compact Of Mayors And Pledge To Reduce Greenhouse Gas Emissions, Track Progress
Towards Greenhouse Gas Reduction Goals, And Enhance The City's Resiliency To Climate
Change, ln A Manner That ls Consistent With And Complementary To Climate Protection Efforts
At The National Level.
(Sponsored by Mayor Philip Levine)
( Leg islative Tracki ng : Envi ronment & Sustai nability)
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Commission Agenda, October 14, 2015
C7D A Resolution Electing Commissioner Deede Weithorn, Group Vl, As Vice-Mayor, For A Term
Commencing On November 1,2015 And Terminating On November 9,2015, Or lf A Runoff
Election ls Held, Terminating On November 23, 2015.
(Office of the City Clerk)
C7E A Resolution Amending Resolution No. 2015-29127 Relating To Amendment No. 1 To The
Development Agreement Between The City And Jameck Development, lnc. (Developer), Dated
July 23, 2014, For The Design, Development, And Construction Of Certain Streetscape
lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road
And Lincoln Lane South (The Project), Correcting The Guaranteed Maximum Price (GMP) Of The
Project From $786,200 To $806,340.
(Public Works)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2
To The Agreement, Dated October 10, 2014, Between The City Of Miami Beach And Tyler
Technologies, lnc., For Replacing The City's Enterprise Resource Planning (ERP) System, To
Amend The Provisions Regarding Mobile Software Licenses, Project Management Services, And
The Allowable Hours For Custom Reports.
( lnformation Technology)
C7G A Resolution Authorizing The City Manager And City Clerk To Execute An Agreement With Barry
University, Acceptable To The City Manager And City Attorney, Providing For The Enrollment Of
City Of Miami Beach Employees ln Classes ln Barry University's School Of Professional And
Career Education To Be Held ln A City Of Miami Beach Facility And To Be Offered Al A 20o/o
Discounted Tuition Rate; And, Should Classes Expand To City Venues Other Than Police Station
Facilities And Are Not Filled To Capacity By City Of Miami Beach Employees, Then City Of Miami
Beach Residents May Enroll ln Such Classes At A 20o/o Discounted Tuition Rate; And, Further
Providing That lf The Classes Offered At Venues Other Than Police Station Facilities Are Not
Filled To Capacity By City Of Miami Beach Employees And City Of Miami Beach Residents, Then
Employees Of Other Municipalities May Enroll ln The Classes At The Standard Tuition Rate.
(Organ ization Development Performance I nitiatives)
C7H A Resolution Authorizing The City Manager To Execute, ln A Form To Be Approved By The City
Attorney, An Amendment To The Agreement, Dated August 15, 2014, Between The City And
Florida lnternational University, ln An Amount Not To Exceed $78,543.22, To Complete The
Miami Beach Archival Digitalization Project.
(Office of the City Clerk)
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Enter lnto A Contract, ln An Amount Not To Exceed $50,000, With A Firm With Experience ln
The Planning, Building And Operation Of Public Competitive Pools To Prepare An ln-Depth
Feasibility And Cost Study.
(Parks & Recreation)
c7t
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Commission Agenda, October 14, 2015
C7J A Resolution Authorizing The City Manager And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance MutualAid Agreement With The City Of Miami Gardens, Florida, For
The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit
Between The City Of Miami Beach, Florida And The City Of Miami Gardens, Florida.
(Police)
C7K A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of The Sole Proposal Received, Pursuant To Request For Proposal No. 2015-177-JR (The RFP),
For Electric Vehicle Charging Stations For The City's Parking Facilities, Parking Garages And
Surface Lots; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon
Conclusion Of Successful Negotiations By The Administration.
(ProcuremenUEnvironment & Sustainabil ity/Parki ng )
C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Received, Pursuant To Request For Proposals No.2015-163-LR (The RFP), For
Website Design, Development And lmplementation; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
( ProcuremenUl nformation Technology)
C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
(Amendment) To The Contract Executed Pursuant To Request For Proposals (RFP) 39-05/06,
Between The City And Tim Wilcox, lnc., Which Performs Beachfront Concession Services For
21st And 46th Streets, With The Current Term Ending On October 31,2015; Said Amendment
Extending Said Contract, On A Month-To-Month Basis, Until Such Time As The RFP Process For
The Management And Operation Of Concession Stands And Beachfront Concessions, Located
East Of Collins Avenue Near Both 21't And 46th Streets, May Be Completed And A New Contract
Executed, And Providing The City With The Right To Terminate The Contract For Convenience
And Without Cause; And Further Accepting The Recommendation Of The City Manager
Pertaining To The Ranking Of Firms, Pursuant To Request For Proposal (RFP) No. 2015-205-WG
For The Management And Operation Of Concession Stands And Beachfront Concessions,
Located East Of Collins Avenue, Near Both 21't Street And 46th Street, Authorizing The
Administration To Enter lnto Negotiations With Boucher Brothers Miami Beach 21 & 46 Street,
LLC., As The Highest Ranked Proposer; And Further Authorizing The Mayor And City Clerk To
Execute An Agreement With Boucher Brothers Miami Beach 21 & 46 Street, LLC., Upon
Conclusion Of Successful Negotiations By The Administration.
( ProcuremenUTou rism, Cultu re & Econom ic Development)
C7N A Resolution Approving And Authorizing The City To Accept Donations And Sponsorships From
Car2Go, Peterson's Harley-Davidson, And Sysco, ln The Total Amount Of $3,500, Which
Donations And Sponsorships Were Made To The City For The City's Annual Veterans Day
Parade.
(Tourism, Culture & Economic Development)
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Commission Agenda, October 1 4, 2015
C7O A Resolution Authorizing The City Manager To Execute A Letter Agreement ln The Amount Of
$651,000 With The Friends Of The Bass Museum, lnc., Memorializing The Parties'Respective
Obligations With Regard To Certain Management And Operation Responsibilities Of The Bass
Museum Through September 30, 2016.
(Tourism, Culture & Economic Development)
C7P A Resolution Approving And Authorizing The City Of Miami Beach To Accept A Donation From
Rails To Trails Conservancy Corporation, Of An Automated Bicycle And Pedestrian Counter
Valued At Approximately $6,800, To Monitor The Volume Of Bicyclists And Pedestrians Traveling
Along The City's Beachwalk, Between 21't Street And 22nd Street; And Approving And Authorizing
The City Manager To Execute An Agreement With The Rails To Trails Conservancy Corporation
To lnstall The Automated Bicycle And Pedestrian Counter At No Cost To The City.
(Transportation)
C7Q A Resolution Authorizing The City Manager And The City Clerk To Execute An lnterlocal
Cooperation Agreement Between The City Of Miami Beach And Miami-Dade County For The
Collection Of Emergency 911 System Service Fees.
(Emergency Management)
End of Gonsent Aqenda
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Commission Agenda, October 1 4, 201 5
REGULAR AGENDA
R5 - Ordinances
RsA An Ordinance Amending Miami Beach City Code Chapter 82, Entitled "Public Property," By
Amending Article lV Thereof Entitled "Uses ln Public Right-Of-Way," By Amending Section 82-
383, Entitled "Permit Fee; Penalties For Late Payments; Review Of Fee; Exception," By
Amending Subsection (a) Thereof To Abate Sidewalk Caf6 Fees For Businesses North Of 63'd
Street, Through And lncluding September 30, 2017; Providing For Repealer, Codification,
Severability, And An Effective Date. 10:00 a.m. Second Reading Public Hearinq
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(First Reading on September 2,2015 - RsK)
RsB Amend Penalties For Franchise And Permit Fees Not Paid To The City By Private Waste And
Specialty Contractors
An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled "Solid
Waste," By Amending Article lV, Entitled "Private Waste Contractors," By Amending Division 3,
Entitled "Franchise," By Amending Section 90-225, Entitled "Failure To Pay Franchise Fee," To
Amend The Penalties For Failure To Pay Franchise Fees; And By Amending Division 4, Entitled
"Specialty Contractors," By Amending Section 90-278, Entitled "Fees And Requirements," To
Amend The Penalties For The Failure To Pay Permit Fees; Providing For Repealer; Severability;
Codification; And An Effective Date. 10:05 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Budget & Performance lmprovement)
(First Reading on September 2,2015 - RsL)
R5C An Ordinance Amending Part l, Subpart B, Article lX, Related Special Acts, Of The Miami Beach
City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire
Departments"; Amending The Pension System To Comply With Applicable Provisions Of The
lnternal Revenue Code And Regulations Thereunder; Amending Section 62, Entitled "Definitions";
Amending Section 63, Entitled "Source Of Monies For Fund; Computation Of Liability; Use And
lnvestment Of Fund"; Amending Section 66, Entitled "service And Disability Benefits Generally";
Amending Section 70, Entitled "Return Of Contribution"; Amending Section 79, Entitled "Deferred
Retirement Option Plan"; Amending Section 82, Entitled "Military Service"; Amending Section 83,
Entitled "Limitations On Benefits"; Amending Section 84, Entitled "Distribution Limitation";
Amending Section 85, Entitled "Distribution To Retirement Plan"; Providing For Severability;
Repealing All Ordinances ln Conflict Therewith; And Providing An Effective Date. 10:10 a.m.
Second Readinq Public Hearins
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on September 2,2015 - RsM)
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R5D
Commission Agenda, October 14, 2015
R5E
An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled
"Generally," By Amending Section 46-92 To Amend The Enforcement And Penalty Provisions For
Violations Of Subsections (b), (c), (d), And (e), By lncreasing Penalties For Violations Of
Subsections (b), (c), (d), And (e), And lmposing Criminal Penalties For Violations Of Subsection
(b) On Beaches, Parks, Marinas, Piers, Docks, And Boat Ramps; To Amend Provisions ln
Subsections (l) And (m) Regarding Appeals From Violations; And To Amend The Provisions ln
Subsection (m) Regarding Liens For Unpaid Fines; And Providing For Repealer, Severability,
Codification, And An Effective Date.
(Sponsored by Commissioner Grieco)
(Legislative Tracking: Environment & Sustainability)
(First Reading on September 2,2015 - R5N)
An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled "Traffic And
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 Subsections (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 - R5O)
An Ordinance Amending Chapter 142 Of The Miami Beach City Code, Entitled "Zoning Districts
And Regulations," By Amending Article lV, Entitled "Supplementary District Regulations"; By
Amending Division 3, Entitled "Supplementary Use Regulations"; By Amending Subsection (5), To
Require Transient Guest(s) Or Occupant(s) To Register At The Suite Hotel; Providing For
Codification, Repealer, Severability, And An Effective Date. 10:25 a.m. Second Readinq Public
Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on September 2,2015 - RsP)
(ltem to be Submifted in Supplemental)
An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled "Solid
Waste," By Amending Article ll, Entitled "Administration," By Amending Section 90-39 Thereof,
Entitled "Fine Schedule For Violations lssued And Applied To Owners, Agents, Tenants,
Occupants, Operators Or Managers, Or Persons Responsible For The Violation," To Amend The
Fine Schedules Therein; And Providing For Repealer, Severability, Codification, And An Effective
Date. 10:35 a.m. Second Readinq Public Hearinq
(Sponsored by Deede Weithorn)
(Legislative Tracking: Code Enforcement)
(First Reading on September 2,2015 - RsO)
R5F
R5G
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R5H
Commission Agenda, October 1 4, 201 5
R5t
An Ordinance Amending Chapter 50 Of The Miami Beach City Code, Entitled "Fire Prevention And
Protection," Section 50-8(h) Entitled "Fire Alarms, Regulations, Penalties, Enforcement" To
Correct A Scrivener's Error Replacing "Fire lnspecto/' With "Fire Department" As The Entity
Allowed To lssue False Alarm Citations; Providing For Repealer; Codification; Severability; And An
Effective Date. 10:40 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Fire)
(First Reading on September 30,2015 - RsE)
Washington Avenue Zoning lncentives
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations,"
Division 5, "CD-2 Commercial, Medium lntensity District," To Establish Section 13-309,
"Washington Avenue Development Regulations And Area Requirements," To Modify The
Development Regulations For Properties Fronting Washington Avenue Between 6th Street And
Lincoln Road; ByAmending Chapter 130, "Off-Street Parking," Article ll, "Districts; Requirements,"
To Establish Parking District 7 To Modify The Parking Requirements For The Properties Fronting
Washington Avenue Between 6th Street And Lincoln; Providing For Codification; Repealer;
Severability; And An Effective Date. 5:01 p.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading Public Hearing on September 2,2015 - RsE)
An Ordinance Amending Miami Beach City Code Chapter 2 "Administration," Article Vll
"Standards Of Conduct," Division 5 "Campaign Finance Reform," Encompassing City Code
Sections 2-487 "Prohibited Campaign Contributions By Vendors," City Code Section 2-488
"Prohibited Campaign Contributions By Lobbyists On Procurement lssues," City Code Section 2-
489 "Prohibited Campaign Contributions By Real Estate Developers," And City Code Section 2-
490 "Prohibited Campaign Contributions By Lobbyists On Real Estate Development lssues", By
Providing That Commencing January 1, 2016, Members Of The City Commission Or Candidates
For Said Offices Shall Be Prohibited From Either Directly Or lndirectly Soliciting, Accepting Or
Depositing Any Campaign Contribution Regarding City Elected Office From A Vendor, Lobbyist
On A Procurement lssue, Real Estate Developer, Or Lobbyist On A Real Estate Development
lssue; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Office of the City Attorney)
(ltem Tabled on September 30, 2015 - R5D2)
R5J
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Commission Agenda, October I 4, 2015
RsK An Ordinance Amending Chapter 82 Ot The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending
Division 5, Entitled "Sidewalk Cafes," By Amending Subdivision ll, Entitled "Permit," By Amending
Section 82-381 Thereof, Entitled "Permitted Areas; Conditional Permit; City Manager's Right To
Remove Sidewalk Cafes," By Requiring Display Of Prices For Food And Drink Menu ltems Or
Any Food And Drink Menu Specials, And Establishing A Notice Provision To Customers
Regarding Any Automatic Gratuity Or Service Charge By The Operator Of The Sidewalk Caf6; By
Amending Section 82-382 Thereof, Entitled "Application," Mandating That A Sidewalk Cafe
Application Be Denied For Failure To Have Food And Drink Menus Which lncludes Prices For
Food And Drink Menu ltems, Food And Drink Menu Specials, Or Notification Of Any Automatic
Gratuity Or Service Charge lmposed By The Sidewalk Caf6 Operator; By Amending Section 82-
385 Thereof, Entitled "Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk
Cafes," By Prohibiting A Sidewalk Caf6 To Operate Without Food And Drink Menus Which Show
The Pricing For Any Food And Drink Menu ltem Or Food And Drink Menu Special, And Fail To
Notify Customers Of Any Automatic Gratuity Or Service Charge lmposed By fhe Sidewalk Caf6
Operator; And Providing For Repealer, Severability, Codification, And An Effective Date. First
Readinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
RsL An Ordinance Consolidating And Standardizing The Rehearing And Appeal Procedures, lncluding
Administrative Appeals And Quasi-Judicial Applications Before Historic Preservation Board,
Board Of Adjustment, Planning Board, And Design Review Board, By Amending The Following
Sections: Chapter llS, "Administration And Review Procedures," At Section 118-9, Entitled
"AppealAnd Rehearing Procedures"; And Amending Article ll "Boards" Division 3 "Design Review
Board" At Section 118-71; Division 5 "Board Of Adjustment" At Sections 118-134, 1 18-136, 1 18-
137 , 118-138; Article lV "Conditional Use Procedure" At Sections 1 18-193, And 118-197; Article
Vl "Design Review Procedures" At Sections 118-258, 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 Projects" At Sections 118-532,
118-536, And 118-537; 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-Family Ad Valorem Tax Exemption" At Section 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 ln Order To Remove Any Conflicts With
Newly Created Section 118-9; Providing For Repealer; Severability; Codification; And An
Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning)
(!tem to be Submitted in Supplemental)
12
12
Commission Agenda, October 1 4, 2015
RsM An Ordinance Creating Section 1 18-8 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 118-563; And Division 4 "Designation" At Section
118-591; Providing For Repealer; Severability; Codification; And An Effective Date. First
Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(ltem to be Submitted in Supplemental)
RsN Amend Chapter 118 Land Development Regulations, Appendix A - Fee Schedule, And Chapter
1 4 Building Regulations
1. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, Florida; By Amending Chapter 114 Entitled "General Provisions," At Section
114-7; Chapter 118 Entitled "Administration And Review Procedures," Article I Entitled "ln
General", At Sections 118-3 And 118-6, Article lll Entitled "Amendment Procedure", At
Section 118-162, Article lV Entitled "Conditional Use Procedure," At Section 1 18-193 And
118-196, Article Vl Entitled "Design Review Procedures," At Sections 118-253 And 118-
255, Article Vll Entitled "Division Of Land/Lot Split," At Section 118-321, Article VIll
Entitled "Procedure For Variances And Administrative Appeals," At Sections 1 18-353 And
118-357, Article lX Entitled "Nonconformances," At Section 118-399, Article X Entitled
"Historic Preservation," At Sections 118-562, 118-563, 118-564, And 118-591; Chapter
138, Entitled "Signs," At Sections 138-135 And 138-136; Chapter 142, Entitled "Zoning
Districts And Regulations," At Section 142-108; And Further Amending Chapter 118,
Entitled "Administration And Review Procedures," To Create Section 118-7 And 118-8;
Updating And Consolidating The Sections Of The Land Development Regulations
Requiring The Assessment Of Fees ln Order To lmprove Predictability, Transparency And
Efficiency Of The Code; Providing For Repealer, Severability, Codification, And An
Effective Date. First Readinq
-(Sponsored
by Commissioner Joy Malakoff)
( Legislative Tracking : Planning/Building/Fire/Public Works)
2. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Amending
Appendix A, "Fee Schedule" To Revise Building, Fire, Planning, And Public Works Fees
Charged For Services Related To Land Development And Permitting; Providing For
Repealer, Severability, Codification, And An Effective Date. First Readins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning/Building/Fire/Public Works)
13
13
Commission Agenda, October 1 4, 2015
3. An Ordinance Amending Chapter 14, "Building Regulations," Division 2, "Permit Fees," At
Sections 14-61, 14-62, 14-66, 14-67, 14-68, 14-70, And 14-72; Chapter 15, "Zoning
Review Fee Associated With The Building Permit Process," Article ll, "Zoning Review
Fees Associated With The Building Permit Process," At Sections 15-31 , 15-32, 15-33, 15-
34, 15-35, 15-36, And 15-37; Chapter 50, "Fire Prevention And Protection," At Sections
50-3, 50-4, 50-5, 50-6, 50-7, And 50-8; Chapter 66, "Marine Structures, Facilities And
Vehicles," Article lll, "Piers, Docks And Boat Ramps," At Section 66-114; Chapter 86,
"Sales," Division 2, "Permit," At Section 86-56; Chapter 98, "Streets And Sidewalks,"
Article lll, "Excavations," Division 2, "Permit," At Sections 98-93 And 98-94; Further
Amending Chapter 50, "Fire Prevention And Protection," To Create Sections 50-9, 50-10,
50-11, 50-12,50-13, 50-14, And 50-15; Chapter 98, "Streets And Sidewalks," Article lll,
"Excavations," Division 2, "Permit," To Create Sections 98-95, 98-96, 98-97, 98-98, 98-99,
And 98-100; Updating And Consolidating The Sections Of The City Code Of Ordinances
That Require The Assessment Of Fees For Permitting Services ln Order To lmprove
Predictability, Transparency And Efficiency Of The Code; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning/Building/Fire/Public Works)
(ltem to be Submitted in Supplementa!)
R50
R5P
An Ordinance Amending Chapter Il, Article Vll, The City's Code Of Conduct, Requiring City
Elected Officials And Candidates For City Elected Office To Disclose lf They Are Soliciting City
Vendors, Lobbyists On Procurement lssues, Real Estate Developer's Or Lobbyists For Real
Estate Developers For Contributions To Political Committees Supporting Candidates For City
Elected Office. First Readinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
An Ordinance Amending Chapter lt, Article Vll, The City's Code Of Conduct, Prohibiting Lobbying
By Campaign Consultants For A Period Of Twelve (12) Months Subsequent To Swearing ln Of
Elected Officials For Whom Such Consultant Provided Campaign Consulting Services (Within
The Last Election Cycle). First Readins
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
14
14
Commission Agenda, October 14, 2015
R7 - Resolutions
R7A A Resolution Approving, On Second And Final Reading, Following A Duly Noticed Public Hearing,
The Transfer Of An Air Rights Easement Agreement, To Betsy Ross Owner, LLC (Applicant) For
The Property ldentified ln Exhibit "A," ln Order For The Applicant To Construct A Bridge Over
Ocean Court To Join The Carlton And The Betsy Hotels; Which Easement Area Contains
Approximately 181.66 Square Feet ln Total Area, 19 Feet Above Ocean Court; And The City
Receiving Payment, Based Upon Appraised Value, From The Applicant. 10:45 a.m. Public
Hearing
(Public Works)
(First Reading on September 2,2015 - R7T)
R7B A Resolution Following A Duly Advertised Public Hearing, And Waiving, By 5/7th Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City;
And Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreement,
Substantially ln The Form Attached To This Resolution, Between The City And Community Aids
Resource, lnc. (D/B/A/ Care Resource) (Tenant), For The Use Of Approximately 1,926 Square
Feet Of City-Owned Property, Located At 1701 Meridian Avenue, Suite 400, Miami Beach, Florida
(Premises), For A Term Of One (1) Year, With One (1) Renewal Option (At City's Option) For One
(1) Additional Year. 10:50 a.m. Public Hearinq
(Tourism, Culture & Economic Development)
R7C A Resolution Pursuant To Section 82-93(a) Of The City Code, To Consider Approving, After
Second Reading And Public Hearing, A Revocable Permit Request By Lincoln Centurion Retail,
LLC., Located At 643-657 Lincoln Road, To Permit A Proposed Awning That Prolects Over The
Public Right-Of-Way, With Dimensions Not To Exceed One Hundred Feet By Nine Feet (100'X
9') Along The Sidewalk; And Finding That The Revocable Permit Meets The Criteria Of Section
82-94, Of The City Code. 10:55 a.m. Public Hearinq
(Public Works)
R7D Authorizing lssuance By RDA Of Tax lncrement Revenue Bonds ln Amount Not-To-Exceed $430
Million For Specified Public lmprovements; Authorizing lssuance By City Of Resort Tax Bonds ln
Amount Not-To-Exceed $240 Million For Miami Beach Convention Center lmprovements; And
Authorizing lssuance By City Of Parking Revenue Bonds ln Amount Not-To-Exceed $80 Million
For Parking System lmprovements.
1. A Resolution Authorizing The lssuance By The Miami Beach Redevelopment Agency Of
Not To Exceed $430,000,000 ln Aggregate Principal Of Tax lncrement Revenue Bonds
(City Center/Historic Convention Village), ln Accordance With The Requirements Of
Chapter 163, Part lll, Florida Statutes, As Amended; Authorizing Officers And Employees
Of The City To Take All Necessary Actions ln Connection Therewith; And Providing For
An Effective Date. 2:00 p.m. Second Readinq Public Hearinq / Joint Citv Commission
& Redevelopment Aqencv
(Finance)
(First Reading on September 30,2015 - R7E1)
15
15
Commission Agenda, October 14, 2015
2. A Resolution Authorizing The lssuance Of Not To Exceed $240,000,000 ln Aggregate
Principal Amount Of City Of Miami Beach, Florida Resort Tax Revenue Bonds, Series
2015 For The Purpose Of Financing lmprovements To The Miami Beach Convention
Center; Providing For The lssuance Of Additional Bonds On A Parity Therewith; Providing
For The Security And Payment Of All Bonds lssued Pursuant To This Resolution;
Providing Certain Details Of The Series 2015 Bonds; Delegating Certain Matters ln
Connection With The lssuance Of The Series 2015 Bonds To The City Manager, lncluding
Whether The Series 2015 Bonds Shall Not Be Secured By The Debt Service Reserve
Account And Whether To Secure A Credit Facility And/Or A Reserve Account lnsurance
Policy, Within The Limitations And Restrictions Stated Herein; Appointing Undenvriters,
Paying Agent, Registrar And Disclosure Dissemination Agent; Authorizing The Negotiated
Sale Of The Series 2015 Bonds And Approving The Form And Authorizing Execution Of
The Bond Purchase Agreement For The Series 2015 Bonds; Approving The Form Of
Preliminary Official Statement For The Series 2015 Bonds And Authorizing Execution Of
The Final Official Statement For The Series 2015 Bonds; Covenanting To Provide
Continuing Disclosure ln Connection With The Series 2015 Bonds And Approving The
Form And Authorizing Execution Of A Continuing Disclosure Agreement; Authorizing
Officers And Employees Of The City To Take All Necessary Actions ln Connection With
The lssuance Of The Series 2015 Bonds; And Providing ForAn Effective Date.2:01 p.m.
Second Readinq Public Hearinq
(Finance)
(First Reading on September 30,2015 - R7E2)
3. A Resolution Authorizing The lssuance Of Not To Exceed $80,000,000 ln Aggregate
Principal Amount Of City Of Miami Beach, Florida Parking Revenue Bonds, Series 2015,
For The Principal Purpose Of Paying The Cost Of Certain lmprovements To The Parking
System, Pursuant To Section 209 Of Resolution No. 2010-27491Adopted By The City On
September 20,2010; Providing That Said Series 2015 Bonds And lnterest Thereon Shall
Be Payable Solely As Provided ln Said Resolution No. 2010-27491 And This Resolution;
Providing Certain Details Of The Series 2015 Bonds; Delegating Other Details And
Matters ln Connection With The lssuance Of The Series 2015 Bonds, lncluding Whether
The Series 2015 Bonds Shall Not Be Secured By The Reserve Account And Whether To
Secure A Credit Facility And/Or A Reserve Account lnsurance Policy, To The City
Manager, Within The Limitations And Restrictions Stated Herein; Appointing Underurriters,
A Bond Registrar And A Disclosure Dissemination Agent; Authorizing The Negotiated
Sale Of The Series 2015 Bonds And Approving The Form Of And Authorizing The
Execution Of A Bond Purchase Agreement; Authorizing And Directing The Bond Registrar
To Authenticate And Deliver The Series 2015 Bonds; Approving The Form Of And
Distribution Of A Preliminary Official Statement And An Official Statement And Authorizing
The Execution Of The Official Statement; Providing For The Application Of The Proceeds
Of The Series 2015 Bonds And Creating Certain Funds, Accounts And Subaccounts;
Authorizing A Book-Entry Registration System With Respect To The Series 2015 Bonds;
Covenanting To Provide Continuing Disclosure ln Connection With The Series 2015
Bonds And Approving The Form Of And Authorizing The Execution And Delivery Of A
Continuing Disclosure Agreement; Authorizing Officers And Employees Of The City To
Take All Necessary Related Actions; And Providing For An Effective Date. 2:02 p.m.
Second Reading Public Hearinq
(Finance)
(First Reading on September 30, 2015 - R7E3)
(ltem to be Submitted in Supplemental)
16
16
Commission Agenda, October 14, 2015
R7E A Resolution Following A Duly Noticed Public Hearing, Creating Restricted Residential Parking
Permit Zone 2llLower Sheridan Avenue Area With Boundaries As Follows: On The South, The
Southerly Line Of 28h Street; On The East, The Centerline Of Pinetree Drive; On The North, The
Northerly Line Of 30th Street; And On The West, The Centerline Of Sheridan Avenue. 5:02 p.m.
Public Hearinq
(Parking)
R7F A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The
Design-Build Agreement Between The City Of Miami Beach, Florida, And Lanzo Construction
Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And Hibiscus lslands
Right-Of-Way lnfrastructure lmprovements (The Project), Dated September 18, 2014 (The
Contract); The Amendment lncludes Additional Design Services Required To Meet The Revised
City Landscape Ordinance, Home Owners Association (HOA) Comments And Fire Code
Analysis, ln The Not-To-Exceed AmounlOf $73,240 With Previously Appropriated Funding.
(Capital lmprovement Projects)
R7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Request
For Qualifications No. 2014-11s-SR, For Professional Engineering Consulting Services Relating
To The Design Of The New West Avenue Bridge Over The Collins Canal (The "RFQ"); To
Withdraw This Procurement Process And Amend The Existing Contract With Gannett Fleming,
lnc., Who Completed The Planning Development And Environmental Phase Of This Project;
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(Public Works)
R7H A Resolution Creating A Special Assessment District To Be Known As The Sunset lslands 3 And
4 Utility lmprovement District, For A Term Of Ten (10) Years, To Fund The Placement
Underground Of Utilities On Sunset lslands 3 And 4, At An Estimated Cost Of $2,412,397.70;
Providing For The Levy And Collection Of Special Assessments To Fund The lmprovements;
Providing The Manner ln Which Such Special Assessments Shall Be Made; Providing When
Such Special Assessments Shall Be Made; Designating The Lands Upon Which The Special
Assessments Shall Be Levied; Providing For Publication Of This Resolution; And Authorizing
Related Actions.
(Office of the City Attorney/Capital lmprovement Projects)
(ltem to be Submitted in Supplemental)
R7r Canvassing Board Appointments For City's November 3, 2015 General And Special Elections
(And November 1 7 ,2015 Runoff Election, lf Needed). (No Commission Action Required)
(Office of the City Attorney/Office of the City Clerk)
R7J A Resolution Authorizing The City Manager, Or His Designee, To Enter lnto The Attached Scope
And Fee Agreement With Advanced Transportation Engineering Consultant, lnc. For The Purpose
Of lmplementing A Traffic Monitoring And Management Program For Three (3) Years Or Until The
lmplementation Of The City Of Miami Beach lntelligent Transportation System And Smart Parking
System Project, Whichever Occurs First; And Waiving, By 5/7'n Vote, The City's Formal
Competitive Bidding Requirements; Finding Such Waiver To Be ln The Best lnterest Of The City.
(Transportation)
17
17
Commission Agenda, October 14, 2015
R7K A Resolution Waiving, By 5l7th Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be ln The Best lnterest Of The City, And Approving And Authorizing The Mayor And City Clerk
To Execute Amendment No. 3 (Amendment) To The Agreement Between The City And
Limousines Of South Florida, lnc. (LSF), For Turn-Key Operations And Maintenance Services Of
A Municipal Trolley System For The City Of Miami Beach (North Beach Trolley Agreement),
Executed As Of May 8, 2014, Having An lnitial Term Of Five (5) Years With Two (2) One (1) Year
Renewal Options (At The City's Discretion); Said Amendment lncreasing The Scope Of The
Agreement To lnclude Replacing Four (4) Of The ln-Step Type Trolley Vehicles, Currently Being
Used For The North Beach Route, With New Low-Floor Type Vehicles (Alternate Vehicles);
Adding The Operation And Maintenance Services For Two New Routes, The Middle Beach Loop
And The Collins Link Route (Collectively, Middle Beach Routes), lncluding The Purchase Of
Eleven (11) New Alternate Vehicles; And lncreasing The Hourly Rate Commensurate With The
Purchase Of The Fifteen (15) New Alternate Vehicles, As Well As The Additional Staff, Training,
Performance Penalties, And Additional Hours Relating To The Operation Of The Middle Beach
Routes; Said Amendment Also Exercising The Two Renewal Options, ln Advance, Extending The
Term Of The Agreement Through May 7, 2021, And Further Extending The Term, As Applicable,
As To Each Route, To lnclude Sixty (60) Months, Commencing As Of The Rolt-Out Date For The
Alternate Vehicles Of Each Route; And lncreasing The Cost Of The Agreement Pursuant To Said
Amendment, ln An Amount Not To Exceed $7,500,000 Annually; And Further Authorizing The
City Manager To Approve The Purchase Of Optional Equipment, As May Be Needed ln The
Administration's Discretion, Subject To Funding Availability.
(Transportation)
(ltem to be Submitted in Supplemental)
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, Inc., 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.
( Procu rem e nUTra ns portatio n )
(ltem to be Submitted in Supplemental)
R7M A Resolution Approving The Substantive Terms, As Set Forth ln The Draft Agreement Attached
As Exhibit "A" To This Resolution, Between The City And A National Salute To America's Heroes,
LLC (Applicant), For The Production Of An Aircraft Flight Demonstration And Aquatic Show With
Ancillary Activities Such As Entertainment, Exhibits, Concession Sales, Commencing On January
1, 2016, And Ending On December 31 , 2021; Authorizing The City Manager To Negotiate And
Finalize The Agreement Based On The Approved Terms Set Forth Herein, And, Further
Authorizing The Mayor And City Clerk To Execute The Final Agreement Upon Conclusion Of
Successful Negotiations, Provided That ln The Event That The City And Applicant Deem lt
Necessary To lnclude Any New Substantive Terms (Which Are Not Contained ln The Attached
Draft Agreement) Then Such New Substantive Terms Shall Be Subject To Prior Approval By The
Mavor^",:n"*]ffi:T-",,l,':ffi
,[.","Jil#$HslkrDeve,opment)
18
18
Commission Agenda, October 14, 2015
R7N A Resolution Approving, ln Concept, The Master Plan For The Lincoln Road District, For The
Refurbishment Of The Lincoln Road Pedestrian Mall, From Washington Avenue To Lenox
Avenue, As Well As Connecting Roads From The Convention Center Complex To Lincoln Road
(17th Street From Pennsylvania Avenue To Washington Avenue; Drexel Avenue; Pennsylvania
Avenue; And Meridian Avenue) (Collectively, The Project); Which Project Was Designed By
James Corner Field Operations, And lncludes lmprovements To The Hardscape, Landscape,
Street Lighting, And Street Furnishings.
(Office of the City Manager)
R7O A Resolution Rescinding Resolution No. 2015-29124; And Accepting The Recommendation Of
The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals
No.2015-146-YG (The RFP), For Parking Attendants For City Parking Garages; Authorizing The
Administration To Enter lnto Negotiations With The Top-Ranked Proposer, SP Plus Corporation,
With The Combined Annual Total Of The Management Fee And Reimbursable Expenses Not To
Exceed $400,000; Should The Administration Not Be Successful ln Negotiating An Agreement
With SP Plus Corporation, Authorizing The Administration To Negotiate With LAZ Florida Parking,
LLC, With The Combined Annual Total Of The Management Fee And Reimbursable Expenses
Not To Exceed $400,000; And Further Directing The City Manager To Place The Negotiated
Agreement On The October 21, 2015 City Commission Agenda For Approval Of The Contract.
(Sponsored by Commissioner Jonah Wolfson)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
RgAl Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
RgD Discussion Regarding Changing Hiring Policy So That All Future Applicants For Any City Position
Be Non-Smokers, lncluding E-Cigarettes.
(Sponsored by Commissioner Michael Grieco)
RgE Discussion Regarding Changing The Beach Sand Public Accessibility From A Midnight Closure
To 10:00 p.m.
(Sponsored by Commissioner Michael Grieco)
19
19
Commission Agenda, October 14, 2015
RgF Discussion And Update Regarding Undergrounding Of FPL Lines ln The Venetian lslands And
Citywide.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(On September 2,2015,|tem R9P was requested to be brought back to October 14,2015)
RgG Discussion Regarding Renewing City Attorney Raul Aguila's Contract, And Providing Him With A
3% COLA And 457 Contribution.
(Sponsored by Commissioner Jonah Wolfson)
RgH Referral To The Planning Board - Proposed Ordinance Amending Chapter 142 Ot The Land
Development Regulations Of The City Code Pertaining To Single Family Home Development
Regulations. 11:05 a.m. Notice
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
Rgl Referral To The Planning Board - Proposed Ordinance Amending Chapter 142 Of The Land
Development Regulations Of The City Code Pertaining To Maximum Height Requirements For
Mixed-Use Buildings With Structured Parking On The West Side Of Alton Road From 6th Street
To Collins Canal.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning)
RgJ Discussion Regarding AT&T Surface Parking Lot at 1O3O 1Sth Street.
(City Manager & City Attorney)
RgK Discussion Regarding Bringing On October 21, 2015, For First Reading, An Ordinance Amending
Chapter 82, Article Vll Of The City Code, ln Order To Streamline The Review And Approval
Process For Art ln Public Places.
(Sponsored by Commissioner Joy Malakoff)
RgL Status Update On lmplementing Restrictions On Bridge Openings During Automobile Peek Travel
Times On The 63'd Street Bridge.
(Sponsored by Commissioner Micky Steinberg)
RgM Discussion Regarding Legal Options And All Planning lssues Related To The AT&T Site At 1030
1Sth Street.
(Sponsored by Commissioner Michael Grieco)
RgN Discussion On Biscayne Point lsland Entrance Enhancement.
(Capital lmprovement Projects)
20
20
Commission Agenda, October 14, 2015
Rl0 - Gitv Attornev RePorts
R10A City Attorney's Status Report.
(Office of the CitY AttorneY)
R10B Notice Of Closed Executive Session
pursuant To Section 447.G05, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, October 14, 2015, ln The City
Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
Reoorts and lnformational ltems
1 . Reports and lnformational ltems (see LTC 393-2015).
2. List of Projects Covered by the Cone of Silence Ordinance - LTC No. 392-2015.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months From
Their Referral Date.
(Office of the City Clerk)
4. LTC - Regarding Police Department's lntention To Rely On Miami-Dade County Police
Department-To lnirestigate Officer-lnvolved Shootings And Critical lncidents Occurring On Miami
Beach.
(Police)
(ltem to be Submitted in the Supplemental)
End of Reqular Aqenda
21
21
Commission Agenda, October 14, 2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers,3rd Floor, 1700 Convention Center Drive
October 14,2015
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel RaulJ. Aguila
Secretary Rafael E. Granado
AGENDA
Call to Order - 2:00 p.m.
1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency Authorizing The lssuance Of Not More Than $430,000,000 ln Aggregate Principal
Amount Of Miami Beach Redevelopment Agency Tax lncrement Revenue Bonds (City
Center/Historic Convention Village) (The "Series 2015 Bonds"), For The Purpose Of
Refunding The Agency's Outstanding Prior Bonds And Financing Certain Public
lmprovements; Providing For The lssuance Of Additional Bonds On A Parity Therewith;
Providing For The Security And Payment Of All Bonds lssued Pursuant To This
Resolution; Providing Certain Details Of The Series 2015 Bonds; Delegating Certain
Matters ln Connection With The lssuance Of The Series 2015 Bonds To The Executive
Director Of The Agency, lncluding Whether To Secure A Credit Facility And/Or A Reserve
Account lnsurance Policy, Within The Limitations And Restrictions Stated Herein;
Appointing Undenvriters, Paying Agent, Registrar, Escrow Agent And Disclosure
Dissemination Agent; Approving The Form Of The Preliminary Official Statement For The
Series 2015 Bonds And Authorizing Execution Of The Final Official Statement For The
Series 2015 Bonds; Authorizing The Negotiated Sale Of The Series 2015 Bonds And
Approving The Form And Authorizing Execution Of The Bond Purchase Agreement For
The Series 2015 Bonds; Approving The Forms And Authorizing Execution Of Escrow
Deposit Agreements For The Outstanding Prior Bonds; Covenanting To Provide
Continuing Disclosure ln Connection With The Series 2015 Bonds And Approving The
Form And Authorizing Execution Of A Continuing Disclosure Agreement; Authorizing
Officers And Employees Of The Agency To Take All Necessary Actions ln Connection
With The lssuance Of The Series 2015 Bonds; And Providing ForAn Effective Date.2:00
p.m. Second Readinq Public Hearinq/Joint Citv Commission & Redevelopment
Aqencv
(Finance)
(First Reading on September 30,2015 - RDA 1C)
(ltem to be Submitted in Supplemental)
22
22
23
24
2015 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA)
MEETING DATES
Commission/RDA Meetings Alternate (Presentation) Meetings
(Start at 8:30 a.m.) (Start at 5:00 p.m.)
January 14 (Wednesday) January 27 (Tuesday)
February 11 (Wednesday) February 25 (Wednesday)
March 11 (Wednesday) March 18 (Wednesday)
April 15 (Wednesday) April 29 (Wednesday)
May 6 (Wednesday) May 20 (Wednesday)
June 10 (Wednesday) None
July 8 (Wednesday) July 29 (Wednesday)
August - City Commission/RDA in recess
September 2 (Wednesday)
September 10 (Thursday) 1st Budget Reading at 5:01 p.m.
September 30 (Wednesday) 2nd Budget Reading at 5:01 p.m.
October 14 (Wednesday) October 21 (Wednesday)
November 9* (Monday) November 23* (Monday)
December 9 (Wednesday) December 16 (Wednesday)
* Meeting(s) for election related items only.
Unless noticed otherwise, meetings are held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month.
The Forum will be split into two (2) sessions, 8:30 a.m. and 1:00 p.m. Approximately thirty (30)
minutes will be allocated per session for each of the subjects to be considered, with individuals being
limited to no more than three (3) minutes. No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
25
c2
COMPETITIVE BID REPORTS
26
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALTFTCATTONS (RFQ) NO. 2015-
245.K8 FOR ARCHITEGTURAL AND ENGINEERING DESIGN SERVICES FOR THE LINCOLN
ROAD DISTRICT IMPROVEMENTS
Maximize The Miami Beach Brand As A World Class Destination
N/A
Data Environmental Scan, etc.
Item Su mmary/Recommendation :
Board Recommendation:
Clerk's Office
AGENDA,T=* C
On September 10, 2014, pursuant to RFQ 2014-050-SR, City Commission approved James
Corner Field Operations, LLC, to complete the Master Plan for the Lincoln Road District. A
Master Plan is being finalized and is pending approval from City Commission. ln order to
implement the master plan, once approved by the City Commission, Architectural/Engineering-
services are needed, as well as related services.
As a result, the Administration is proposing to issue a Request for Qualifications (RFO) seeking
proposals from qualified Consultants for architectural and engineering design services for the
Lincoln Road District lmprovements ("the Project"). The project encompasses the Lincoln Road
pedestrian mall inclusive of Lincoln Lane North and Lincoln Lane South from Lennox Avenue to
Collins Avenue. The project extends to 16th Street along Drexel Avenue. The Consultant shall
provide as needed architectural, structural engineering, civil engineering, MEP engineering,
landscape architecture, traffic studies, construction cost estimating, surveying, and geotechnical
services for the Project. The work shall include, but not be limited to, conceptual drawings,
surveying, geotechnical, design development, estimates of probable construction cost,
construction documents, permitting, bidding/award, and construction administration services for
the Project.
The City seeks Proposals from professional consulting architecturaliengineering firms which
have proven experience in the preparation of construction contract documents for open air
pedestrian shopping districts and related infrastructure. The successful firm shall have the
expertise to conduct the design, bid and award, and construction administration services for
these Lincoln Road District lmprovements and prepare the associated construction contract
documents that allow the City of Miami Beach to advertise, bid and award a contract for the
construction services.
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 RFQ No.2015-
245-KB for Architectural and Engineering Design Services for the Lincoln Road District
lm
Financial lnformation:
Financial lmpact Summary: The design phase portion of this project will not utilize grant
Denis, David Martinez
(D MIAMIBEACH ctArF l0- I V- I27
MIAMIBEACH
City of Miomi Beoch, lZO0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
C
the City
SSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14th, 2015
REQUEST FOR APPROVAL TO rSFUE A REQUEST FOR QUALIF|CATIONS (RFO)
NO. 2015.245.K8 FOR ARCHITECruRAL AND ENGINEER!NG DESIGN SERVTCES
FOR THE LINCOLN ROAD DISTRICT IMPROVEMENTS
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
On September 10, 2014, pursuant to RFQ 2014-050-SR, City Commission approved James Corner
Field Operations, LLC, to complete the Master Plan for the Lincoln Road District. A Master Plan is
being finalized and is pending approval from City Commission. ln order to implement the master plan,
once approved by the City Commission, Architectural/Engineering services are needed, as well as
related services.
As a result, the Administration is proposing to issue a Request for Qualifications (RFO) seeking
proposals from qualified Consultants for architectural and engineering design services for the Lincoln
Road District ("the Project"). The project encompasses the Lincoln Road pedestrian mall inclusive of
Lincoln Lane North and Lincoln Lane South from Lennox Avenue to Collins Avenue. The project
extends to 16th Street along Drexel Avenue. The Consultant shall provide as needed architectural,
structural engineering, civil engineering, MEP engineering, landscape architecture, traffic studies,
construction cost estimating, surveying, and geotechnical services for the Project. The work shall
include, but not be limited to, conceptual drawings, surveying, geotechnical, design development,
estimates of probable construction cost, construction documents, permitting, bidding/award, and
construction administration services for the Project.
The City seeks Proposals from professional consulting architectural/engineering firms which have
proven experience in the preparation of construction contract documents for open air pedestrian
shopping districts and related infrastructure. The successful firm shall have the expertise to conduct
the design, bid and award, and construction administration services for these Lincoln Road District
lmprovements and prepare the associated construction contract documents that allow the City of
Miami Beach to advertise, bid and award a contract for the construction services.
M NIMUM QUALIFICATIONS. Please Reference, Appendix C, RFQ 2015-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFQ 2015-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
TO:
FROM:
DATE:
SUBJECT:
28
City Commissioner Memorandum - Architectural and Engineering Design Services for the Lincoln Road
September 2,2015
Page 2 of 2
CRITERIA FOR EVALUATION. Please Reference Section 0400, RFQ 201 5-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
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: RFQ 2015-245-KB for Architectural and Engineering Design Services for the Lincoln
Road District lmprovements.
JLM/MT/EC/AD/DM
T:\AGENDA\201S\SeptembeAPROCUREMENT\RFQ 2015-245-KB A&E Lincoln Road - lssuance Memo.doc
29
REQUEST FOR QUALI F
For Architecturol ond Engineering Design
lmprovements
RFA 201s-2As-KB
cATroNS (RFe)
Services for the Lincoln Rood District
RFO r.::::,-?UAnCe DAtEliOicroBER 16rH, 2015
STATEMENTS OF QUALIFICATIONS DUE: DECEMBER 3RD, 2015
ISSUED BY::*RISTY BADA1 it
MIAAAIBEACH
Kristy Bodo
PROCUREMENT DEPARTMENT
1755 MERIDIAN AVENUE, 3RD FLOOR; MIAMI BEACH, FLORIDA 33139
305 .673 .7 490 | kbodo@miomibeochfl.gov
www.miomibeochfl.gov
30
SOLICITATION SECTIONS:
l.,4iAMiBTACLJ
TABLE OF CONTENTS
PAGE
0100 NoT uTtLlzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS .....,....3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .....,...,,,.12
0400 EVALUATION PROCESS ........... .......i.::r-.,,,,,,.. ..........14
AppENDICES: .r := PAGE
AppENDtX A RESPONSE CERT|FICATON, QUESTTONNA!,BEAND AFFIDAVITS .........16
APPENDIX B "NO BID'FORM ...............,rir -.- . ....... ..,,.-;-.... . 23
=== :::
i,.
APPENDIX C MINIMUM REQUIREMENTS & SPECIF.*.eATIONS,,;=............................;'.....25
APPENDIX D SPECIAL CONDITIONS ........... ::=:a .................30
--- '' ' '-^ .:= *,.*. . . .....'.."..33AppENDtX E TNSURANCE REQUTREMENTS :; ...........
RFG 2015 245 <B
31
i\dlA,\4lsreili-{
SECTION ()2()O INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, condltions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]') if this RFQ results in an award.
t:'''
The City utilizes PublicPurchase (www.publicpurchase ) for automatic notificatlon of competitive solicitation
opportunities and document fulfillment, including the issuance of any'addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any ad.dendum issU,.ed to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted. .,,,,,,il ,.- ,,
=,.,.
2. PURPOSE. I' ,"'iM.
The Purpose of this Request for Qualifications (RFQ) is to qualify=*Prsposer for Architectural and Engineering
Design Services for the Lincoln Road District ("the Project") to piovide construction documents and related
services necessary to implement the Lincoln Road-Master Plan completed,rW,,James Corner Field Operations as
approved by the City Commission. Additionally, ttre terms "FIRM', "PROPOSER', "CONSULTANT' are used
interchangeably and shall refer to the firm that willtortract with the City for thJ44444444444+rformance consultant services
and work for the project. The Lincoln Road Distriet enhancernent project'Oncompasses the Lincoln Road
pedestrian mall and adjacent Linqoln Lane North andlincoln Lane S0uth between Lennox Avenue and Collins
Avenue. The enhancement projectffih[s to l6tt StreetEtOhg DrexelAvenue. A Master Plan is being finalized and
is pending approval from Gity Commis$io'n, The proposed Master Plan may include: Enhancement of pedestrian
walkways and caf6 zones, modifications to the existing planters and water features, landscape and irrigation, storm
and sewer drainage, lighting and signalization, multipurpose areas at specifically selected locations, outdoor
furniture and outdoor seating areas, milling and resqrfa,c.]ng,of pavement surfaces, striping and pavement markings
as required, crosswalk enhancements, gnd interactive visitor center with artistic gateway folly at Lincoln Road and
Washington Avenue.
THE'MASTER PLAN oF THE lrISg.L.L ["o.1.?^DJSJT!91y]L BE RELEASED To ALL PRoPoSERS vlA
ADDENDUM ONCE IT HAS BEEN FINALIZED.
Contract documents, as a result of this RFQ, will include details for the construction of the Master Plan for the
Lincoln Road District. Scope of Services is pursuant to Appendix C, Section C-2., of this RFQ.
i:
The City seeks Proposals -from professional consulting architectural/civil engineering firms which have proven
experience in the preparation of construction contract documents for Open Air Pedestrian Shopping Districts and
Related lnfrastructure. The successful firm will have the financial resources and technical expertise to conduct the
Design, Bid and Award, and Construction Administration Services for the Lincoln Road District lmprovements and
prepare the associated construction contract documents that allow the City of Miami Beach to advertise, bid and
award a contract for the construction services.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
RFG 20 ) 5-245-KB
32
tll,\Ar,iDtrAd'-l-JI V lt/-1.1 v \l t")L_ffi\**t I
The tentative schedule for this solicitation is as follows:
Solicitation lssued OCTOBER 16TH,2015
Pre-Proposal Meeting OCTOBER 27rH,2015 AT 10:00AM
Deadline for Receipt of Questions OCTOBER 12TH,2015 AT5:00 PM
Responses Due DECEMBER 3RD, 20-X.5 T 3:00'PM
Evaluation Committee Review TBD
Proposer Presentations TBD .i
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Folfowing Commission Approval'ttii.tlr!;
4. PROCUREMENT CONTACT. Any questions or clarifications conCeming this solicitation shall be submitted to the
Procurement Contact named herein, in writing, witf a copy to the City Clerk's Office, Rafael E, Granado via e-mail:
RafaelGranado@miamibeachfl.qov or facsimile:17,8&394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarifrCdi!! rnust be received no later than ten (10) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent toall prospective O\,f:.rr lh''ffi
=tj-:.,..f.an
addendum.
t: it,.
Procurement Contact: Telephone: Email:
Kristy Bada
, I 05-673-7000 ext 6218 KristvBada@miamibeachfl.qov
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s)
'1,|...?=.-!.=..=9...!...9....
0 - "
,1A Pre-PROPOSAL confefehce will be held as scheduled in Anticipated RFQ Timetable section above at the
rorrowinsaddress '"'1'
s1l:r[rT,ip:::r---. ^^-.., Piocurement Department Conference Room
= = 1755 Meridian Avenue, 3nD Floor
.: : :t::: r,
Attendance (in person ofiV=i.a lephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers intdl.ESted in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: '1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 5804578
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
RFQ 2015-245-KB
33
r\'1 i A,,ou,\ i m f AC $-'l
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 RFQ by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFQ, Failure to receive an addendum may result in disqualification of proposal. Written questions should be
received no later than the date outlined in the Anticipated RFQ Timetable section.
;::,
7. CONE OF SILENCE. This RFQ 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 ofiSilence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including renderingtheir responseloidable, 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 rafaelgranado@miamibeachfl.gov ':
8. SPECIAL NOTICES. You are hereby advised'"that this solic,I ti.on is subject to the following
ordinanceslresolutions, which may be found on tffi,r" SitV "'Of Miami Beach website:
http ://web.miamibeachfl . sov/procurement/scroll. aspx?id:23 5 1 0
:. CONE 0F SILENCE . . CITY CODE SE0ff;teN2486
. PROTEST PROCEDURES i.,...1;-n::. CITY CODE SECIIO.*}..2:!71
. DEBARMENT PROCEEDINGS ..... .......... CITY CODE SECTIONS:..3J97 THROUGH 2-485 3
. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES. .. CITY CODE SECTI0NS'241 THROUGH 2-406
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCURE[/ENT
lSSUES.'..,,'.,..''.,..,.,'l.:.*:..'.:-11:.:..,.'..',.,. REQUIREMENT FOR GITY GONTMCTORSTO PROVIDE EQUAT
CITY CODE SECTION 2 373
g[TY CODE SECTIONS 2 407 THROUGH 2 4,10
EITY EODE SEETION 2 372
CITY CODE SECTION 2-374
CITY CODE SECTION 7O.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 bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017, 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 RFQ 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 RFQ is subject to, and all proposers are expected to be or become familiar
'tt"
. IIVINGWAGE REQUIREME|IT.,:iI:- ,,,,,,,,,,,*ji, , ,,, ,,,,,,, ,,,,,,,,,,,r toe^t PREFERENGE FoR MIAM{#,f; H B,$HffiVEND0RS,,,,,,,,,. PREFERENCE FOR FLORIDA SMAII&EtiSl${ES$E$ OUVNfi0 AND -,
CONTROLLED BY VETEMNS NUO TO .TATT.CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRf$ES-. FALSE CLAIMS ORDINANCE..i ir,,:1,,..,.........::.';.,::' r :..... ACCEPIANCE 0F GIFTS, FAVORS'& SERVICES*I;,,. .-..
:,:i . ,", li'
RFa 201 5-245-KB
34
$.4lAA,rri &fAilfi
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 RFQ 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,
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.
*!Pi,-
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-2490=i6+quest material in accessible format; sign
language interpreters (five (5) days in advance when possible), offuformation on access for persons with disabilities,
For more information on ADA compliance, please call the Public Works Department, at 305-673-,70!0, Extension
2984.E
$1,\q
15. POSTPONEMENT OF DUE DATE FOR RECEIPT 0F PROPOSAL$" The City reserves the right to postpone
the deadline for submittal of proposals and will make a reasonable effdEtagive at least three (3) calendar days
written notice of any such postponement to all pros@ve Proposers throu0h'P.U0... P_urchase.
16. PROTESTS, Proposers that are not selected *.V pilrt qqy recomr[ [rtion for selection of award in
accordance with eh proceedings established pursuant to the City's b:id protest piocedures, as codified in Sections 2-
370 and 2-371 of the City Col.,.'g1ftheJity's Bid Protest Ordinance). Protest not timely made pursuant to the
requirements of the City's Bid Protest Ordinance shall be barred.
17. Omitted lntentionally ;l'-,._ r;i
18. VETERAN LITSINES$ ENTERRfrISES'PREFEEENS*, Pursuant to City Code Section 2-374, the City shall give
a preference-@re5funsive and responsible Proposerwhich is a small business concern owned and controlled by a
veteran(s) or which is a service-disabled -uq[p,f.n business enterprise, and which is within five percent (5%) of the
lowestrc$p,onsive, responsibE-proposer,"$providing such proposer an opportunity of providing said goods or
contrdctual sryices for the lowe;g,! sponsiV,d"'proposal amount (or in this RFQ, the highest proposal amount).
Whenever, aS.airesutt of the fore'[& g preference, the adjusted prices of two (2) or more proposers which are a
small business Codbern owned and.:iontrolled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest$i,,oposal purSl-nt to an RFQ or oral or written request for quotation, and such proposals are
responsive, responsl6ie ind otherwise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran busineis enterprise.
19, DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals, The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Mlami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
RFQ 2015-245-KB
35
,\\lA,\Al wr&c$-l
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 retect,lll Proposals.
,
20. NEGOTIATIONS. Following selection, the City reserves the right to ente,r. ihto further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way oblrgated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate.ScohtiH0t, lt is also understood and
acknowledged by Proposers that no property, contract or legal rights of 'ary kind shdll bercreated at any time until
and unless an Agreement has been agreed to; approved by the City; ahd.exebuted by thefiffi.
21. PostponemenUcancellation/Acceptance/Reiection. The City may, at its sole and absd,lffi.discretion, reject
any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at dql]f.iltime, this RFQ
process; or waive any irregularities in this RFQ, or in any responsei received as a result of this,,RFQ. 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 Procurement Management prior to adbrd3f tt=?,,til.,tr., by the CitirCommission.
'r il r:
22. PROPOSER'S RESPONSIBILITY. Before submitting a reE fui each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examina&ns, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the coritract. lgnorance of such conditions and requirements,
and/or failure to make suchlvaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with ev.ery detail and with all provisl0hs and requirements of the contract, and will not be
accepted as a basis for any subsequent.claim whatsoeveFfor any monetary consideration on the part of the
Proposer.
23. COSTE:rcURRED BY P,B9POSERS. All expenses involved with the preparation and submission of Proposals,
or any woik performed in coniEction 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. RELATIONStiIE TO THE ClTYiIilt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Pieiffiher is consid#d to be an independent contractor, and that neither the Proposer, nor the
Proposer's employeesftgf;.nts, d/or contractors, shall, under any circumstances, be considered employees or
:S
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 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
RFG 2015-245K8
36
r\,n'li\lv'\l ffitACF-l
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 RFQ, Failure to do so will
beattheProposer'sriskandmayresultintheProposalbeingnon-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 prope'rly invoiced. lnvoices must be
consistent with Purchase Order format. i
29. COPYRIGHT, PATENTS & ROYALTIES. Proposer snatt intefiiiry anO save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or age.ntsfum liability-,,,0f any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented;-r @tented invention, process, or article manufactured
or used in the performance of the contract, including its use by tfi'ffiity$'Miami Beach, Florida. lf the Proposer
uses any design, device or materials covered by letters, patent, or c0 ht, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or'= arising from the use of such design,
device, or materials in any way involved in the worlr. .
=: " ''
ii.,, ,,,,,,,*,
,
30. DEFAULT: Failure or refusal of the selected Proposer to exeCutea contrac!,following approval of such contract
by the City Commission, or untimely withdrawal of a response befOre S-uch awaid is made and approved, may result
in a claim for damages by the Ci!.y.end may be grounds for removing the Proposer from the City's vendor list.
.:::i :.'
31. MANNER OF PERFOEEIANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with'all@pliqable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility, Proposer agrees thattheseMce$p.iQgi$d shall be provided by employees that are educated, trained,
experienced, certified, and licensed'iiloall areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and al[ documdfitation, certification, authorization, license, permit, or registration currently
required bi, applicable laws, rules, and reguktie.ftS: Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizationS;'oi certifications required by applicable laws or regulations in full force
and effect during the term of this contract.'o 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
contained in Section 202, Executive Order
certifies that it is in compliance with the non-discrimination clause
11246, as amended by Executive Order 11375, relative to equal
RFG 20 ) 5 245 K3
37
,\,1i4,\ inilAilH
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 Prolect 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
awardthatisinthebestinterestoftheCity,including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a sonable 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 o.f 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 piactices in the industry, and as determined by the City
of Miami Beach. ,,
E. The City may consider any evidence available regarding thC finaneiaf, tedhnical, and other qualifications and
abilities of a Proposer, including past performance (experience), in m.q1<rng 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 lnstances, the City may also require
material information from the source of supply regarding the quality, pQckaging, and characteristics of the
products to be supply to the City ,.-
35. ASSIGNMENT. The succeS-iUt eropor.r 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 co-nsent of the City.
36. LAWS, PERMITS AND REGULAflONS. The Proposer shall obtain and pay for all licenses, permits, and
inspectionlees*tji io
;.,,W,,:.:,"
the work and shall comply with all applicable laws.
37. OPT€NAL CONTRACT'USiqE. When the successful Proposer (s) is in agreement, other units of government
oi' non-pffit 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 T0 BE BECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specificalfi.:.tis-ted=...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. In 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.
Rr-Q 20 t5 245-KB
38
\'\iAMISHACi-{
40. INDEMNIFICATION. The 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 contractor or its employees, agents, servants, partners, principals or
subcontractors, The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be ineurred thereon. The Proposer
expressly understands and agrees that any insurance protection required by this$redrr,rent or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and saVe harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement. _ '
:,.,_
41. CONTRACT EXTENSTON. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to'120 days in the event that a subsequent cOfltract has notyet been
awarded. Additional extensions past the 120 days may occur as needed by,thr City and as mut*aflfi
,greeO
upon by
the City and the contractor. t' *
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s.24(a), Art.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30)'.dAls, afteL opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Ftorida Slatute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinEiifafiG,,ne..ce,ssarily would be required by the public
agency in order to perform the services; (b) provide the'p-.,ublii with acceffi public records on the same terms and
conditions that the public agency would provide the records and at a coS[ 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 nd cost, to the public agency all public records in
possession of t!.,,,coptr.actor upon:termination of-the contract and destroy any duplicate public records that are
exempt or ccnfitj iitiai-'e#=xempt from public records disclosure requirements. All records stored electronically
must be @ded to the IEEIq ggncy in a format that is compatible with the information technology systems of the
lf. OASEC$XNCE Of LIWS. Propqsers are expected to be familiar with, and comply with, all Federal, State,
@ceS,.codeS,rulesandregulations,andallordersanddecreesofbodiesortribunals
having jurisdiction or thority whi9.,.,.,.,.,.,-p, in any manner, may affect the scope of services and/or project contemplated
by this RFQ (includin$,,W,,i!.!9ut liffiitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the
EEOC Uniform Guidelineil:=aft all EEO regulations and guidelines). lgnorance of the law(s) on the part of the
Proposer will in no way relieilS 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 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.
RFG 2015 245-KB t0
39
,\,\iAMISilACH
45. MODIFICATION^/VITHDRAWALS 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.
47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the 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 Gity shall require the Proposer to comply with the particular term and/or condition of the
RFQ to which Proposer took exception to (as said term and/or=ondition waSlriginally set forth on the
RFQ).
Balance of Pase tntentioialli,,L,Cft Blank
48. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Propo#is shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the Citylif# tne purpo$e of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or"bmptoyee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the d'%rge of his official duties.
49. SUPPLEMENTAL INFORMATION. City reserves'the right to request supplemental information from Proposers
at any time during the RFQ solicitation process.
:4:;r-.,-,.
$,f*,
RFQ 2015-245-Kg il
40
sEcTloN 0300
,,ViAlvil&fAC!--{
SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals,
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of5tatement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to mar.?itain cpmparability, facifitate the review process
and assist the Evaluation Committee in review of Statemenl,pf Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in acc@nce with the. sections and manner s.pecified below.
Hard copy submittal should be tabbed as enumerated beldw fid tain a le of contents with page references.
Electronic copies should also be tabbed and contain a table'o.f ntofttS With page references. Statement of
Qualifications that do not include the required information will be deeffid non-responsive and will not be considered.
2.1 Standard-Fd$ffi S:10, fhe proposing firm shall submit a completed Standard From 330 (attached). No proposal will
be consid without this ierq,1Xffi form. ,[q.,tddition to experience and qualifications considerations, the City may use
this informglion to consider the'fififiig previoU$and current workload,
Z.Z duafifGiiions of Prime propasbr (Firm), Submit detailed information regarding the firm's history and relevant
experience aildiii$,"f.q.ven track reco@f providing the scope of services as identified in this solicitation, including
experience in prcivid} cope of servj@s to public sector agencies,
2.3 Qualifications
--'f+ir. eropoiefs Team (Architects and Engineers). Provide an organizational chart of all
personnel and consultariFt@ ubed for this project if awarded, the role that each team member will play in providing
the services detailed herein and each team members' qualifications. A resume of each individual, including education,
experience, and any other pertinent information, shall be included for each respondent team member to be assigned to
this contract.
2.3.1 Prime Proposer's shall identify the Project Lead Designer that shall be in compliance with the minimum
requirements on Appendix C, Section C1.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The covdr,il@ rnusl indicate Prime F,+poser'and Prime Proposer Primary
1.2 Response Certification, Questionnaire & Requfrements,:*ffidavit (Appendix A). Attach Appendix A fully
completed and executed. +i
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
& Qualifications
RFA 2C 15-245-KB 'la
IZ
41
.r,.il,\ [nimt-&/- LJi v \l,j+,i','rl LJLm\-l I
2.4 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webaoo/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR, lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal processr contact Dun & Bradstreet at
800-424-2495. .-i'
and
3.1 Submit detailed information on the approach and methodology, how Proposer plans to accomplish the required
scope of services, including detailed information, as applicable, which addresses, '66' ed not be limited to:
impiementation plan, project timeline, phasing options, strategies for assuring project is impiemented on time and within
budget. i
3.2 Also, provide information on Proposer's current workload and how the potential project(s) witl'\$'fffi Proposeds
workload. Describe available facilities, technologicalcapabilities and otheravailable resources you offeiforthe potential
3.3 Submit evidence of Propose/s intent to utilize Disadvantaged Busih€ss,,Enterprise (DBE) Firms. Accepted DBE
certifications include the Small Business Administration , State of Florida, oi Miami-Dade
lii;i' "":";:'=":"'
.- '
Note: After proposal submittal, the City reserves the rightFrequire- a_dditional information from Proposer (or
proposer team members or sub-consultants) to deter'tmineilualificffins, (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
RFQ 2015-245-Ks t3
42
i,il;rir,\i SfAtL{
SECTION O4OO STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be fonryarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step will consist of @htitative criteria established below to be added to
the Evaluation Committee results by the PROCUREMENT DEPARTMENT. An Evaluation Committee, appointed by
the City Manager, shall meet to evaluate each Statemefil of.ffialificationsin accordance with th€ qualifications
criteria established below for Step 1, Qualitative Criteria. ln dorit$$, the'Evafuation Committee may review and
score all proposals received, with or without conducting interview t.rrio $ r,
Experience and Qualifi cations
Approach and Methodology
3. Step 2 Evaluation. FdtEwing the re of Step 'l Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria poinls to bedded by the Department of Procurement to those points earned in Step
Veterans Preference ='= :::'
The volume of work previously awarded to each firm by the City
within the last three (3) years from the due date for proposal. See
Section 4 below.
Volume of Work Points: Pointsrwarded to the proposer for volume of work awarded by the City in the last three (3) years
in accordance with the following table:
Less than $250,000 5
$250,000.01 - $2,000,000 3
Greater than $2,000,000 0
RFG 2015 245K8 14
43
,,"\^ i /\t\,.1 i B f ,&il $-l
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement, Step I and 2
scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented ffie,,=City Manager for further due diligence and
recommendation to the City Comffi.,, n..Final Ranking does not constitute
an award recommendation until:suCh'tiffiffithe City Manager has made his
recommendation to the City Comdssion, rrifiiih,may- be diffOrent than final
ranking results.
'' i+
:;,
,,qi
.:t aaa.t:a=:
ffi,
Committee
Melnher 1
Step 1
Points 82 76 80
Step 2
Points 10 5 5
Total 92 81 85
Rank 1 3 2
: :::=:
CorYlE$ttee
Member2
Step 1
Points 85 85 72
Step 2
Points 10 5 5
Total 95 90 77
Rani(1 2 J
Comrnifi e
rMembei2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 71
Rank 1 2 3
RFA 2015-245-K3 t5
44
APPENDIX A
AAIAfu\$ffiffiAffiM
Res po nse #rtific o tio n,
auesti6Fnoire &
Req uiremeAts Affid ovit
\.-il
..;",,', ' RFQ No'.201 5-245-KB
-;.*'il', I.h]tpturo| ond Engineering
DeSir a Sdivices for the Lincoln Rood
District
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33.l39
45
Solicitation No:
RFQ 2015-245-KB
Solicitation Title:
Architectural and Enqineerinq Desiqn Services for the Lincoln Road District
Procurement Contact:
Kristv Bada
Tel:
305-673-7000 Ext.6218
Email:
KristvBada@miamibeachfl .qov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be bmitted fully completed and
executed.
1. General Proooser lnformation. . =General Proposer lnformation.
FIRM NAME:No, of Employees: \:.
No of Years in Business:No ef Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER lN THE LAST 10 YEffi$l ,
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE: tr.r..,:,s
TELEPHONE NO,:
TOLL FREE tlCI
FAX NO,:
FIRM LOCAL ADDRESS: ii
CITY:
STATE: ';lLE ZIP CODE:
PRIMARY ACCOUNT REPRESENTATTVEfBB THIS ENGAGEMENf,SI'
ACCOUNT REP TELEPFTONE NO.:
:.:1,:
ACCOUIiT REF TOLL FREE NO,
ACGQUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the righfto seek addit[onal information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with conkact requirements.
RFA 2015-245-KB AppendixA-Poge 1
46
4.
5.
Veteran Owned Business. ls proposer claiming a veteran owned business status?[-] vrs f--l r,ro
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is ceilfied as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officedrector, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Be6Ch.r,F.timpsals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%[-.,iijercent Ei in the Proposer entity or any of
its affiliates
,F.
References & Past Performance. Proposer shall submit at least three (3) references for whom the'pgq,pgser has completed work
similar in size and nature as the work referenced in solicitation. \ ."
'.,
SUBMITTAL REQUIREMENT: For each reference submitted, the''f.o.ttowing information is required: 'l) Fimilame, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of ServicesProvided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
[-_l vrs [l ruo
SUBMITTAL REQUIREMENT: lf answer to above is',YES," Piopog,eS,gql;all submit a statement detailing the reasons that led to
action(s). i-:
Vendor Campaign Contributions. Proposals .r. .*p..iid d O. or. become f.ritia with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campd$n Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statementof Qualifications, in the event of such non-compliance,
SUBMITTAL REQUIREMENT: Submit thenames of all individuals or entities (including your sub-consultants) with a controlling
financialinterest+defined in solicitation. For eact individual or entity with a controlling financial interest indicate whether or not
each ia:dividual oientily has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
"j*fl*
, Mayor or Citf Cadifiissioner for th6 City of Miami Beach.
''Cade olJusiness Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shalF&pt a Code of Busindss Ethics {'Code") and submit that Code to the Procurement Division with its proposal/response
or within:ft ) days upon receipfof request. The Code shall, at a minimum, require the Proposer, to comply wlth all applicable
governmentaf.:.rules and regulatiofi$ including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach ahd- mi Dade C-ounty.
'4'+-
SUBMITTAL REQUIREIIENI: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may $rnit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at ww.miamibeachfl .gov/procuremenV.
RFa 20)5245-KB AppendixA-Poge2
47
tiving Wage, Pursuant te Seetien 2 108 ef the Miami Beaeh eity eede' as same may be amended frem time te time; prepesers
bel€{E
. Gurrently; the heurly living wage rate is $11,28/hrwith health benefits ef atleast$1,M an heur;er a livi+g wage ef net
r eemmeneing t^^"^'1, I "nrq,- he heurly living wage rate will be $11,62/hr with health benefits ef at least
The living wage rate and health eare benefits rate may, by Reseldien ef the City Cemmissien be indexed annually fer inflatien
using the eensumer Priee lndex fer all Urban eensumers (ePl U) Miami/Ft, tauderdale; isrygd, by the U,S, Department ef taber's
Firm+r€videsj€r
Cmpteyees-w*n
SBeuses
Firm Prevides fer
gmpbyees-**n
D€mesti€+adn€rs
Firm dees net
Previde Beneflt
ruiml
Siek*eave
Famtlv-lcaedi€alfeave
Bereavemen+{eave
lf Prepeser eannet effer a benefit te demestie partners beeause ef reasens eutside yeu{ €enkel; (e'9,; there are ne insuranee
previders in yeur area willing te effer demestie partner eeverage) yeu mafbe eligible fer Reasenable Measures eemplianee, Te
SY+he€ttY
fines, as previded in the eity's tiving Wage Ordinanee, as amende*.FerfurtheFinfermatien iiHBUtLiving Wage requirements;
please eentaet the City's Cenkaets Cemplianee Administrater at 305 6'73 7 190,
:
SUBMITTAt REQUIREMENT: Ne additienal submittal-is required, By,virtue ei eieeuting this affidavit deeurneft[FPrepeser agrees
@
cqual-Benefits fer Empleyees with Speuses and Empleyees with Demestie Partners, When award+ng eempetitively selieited
eenkaets valued at ever $100,000 whese eenkq,e.fg.rs maintain 51 er mere futltime empleyee+en their payrells during 20 er mere
ealendar werk weeks, the Equal Benefitsfer Deft#tlg,Partners Ordinanee 2005 3 [9 [ requres eertain eentraeters deing business
with the Gity ef Miami Bea€h, whe are awarded a *tracl'pursuant te eempetitiverBiepesals; te previde "Equal Benefits" te their
empleyees with demestie partners, as they previd emFlelei With speuses, The Ordinanee applies te all employees ef a
Genkaeter whe werk within the eity limits ef the eity eiliami Beae,ti,, Frleridg and the Cgntraete/s empleyees leeated in the United
States, but eutside ef the Gity ef Miami Beaeh limits, e are-$dCtlf EQ-erlqlqg werk en the eentraet within the eity ef Miarni
Bee€h
: : t"tt ' 'r,.iir-
B, Dees yeur eernpany.pr*vide er effer aeeess te any benefits te efipleyees wr{h (same er eppesite sex) der€stie partners* er te
.,,,..'::.;;:::: :.,. [__-l VgS , F *
e-PEi6theEl4enefit#at appty{e yeur answers abeve and list in the "ethei' seetien any additienal
1{l,,benefits net alic#i'+Beeifie#Nete..: seme benefits are previded te ernpleyees beeause they have a speuse er
,lii,domes{ie*pafrner,- @benefit€,€refrovideddire€tly+o+he-speus+eFdemesti€
RFG 2015 245-<3 AppendixA-Poge3
48
'10.
Public Entity Crimes. Section 287,133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing thisddavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been pl@6n convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solrcitation
which may provide additional information to Proposer or alter solicitation requiremds. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, Publi.ePurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendu+released by the City pEisuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in pro-pq-al disqualification
lnitial to Conflrm
Receiot
lnitial to Confirm
Reccint
lnitial to Conflrm
Receiot
Addendum 1 Addendut*.6 Addendum 1 1
Addendum 2 Addendur*.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.
RFQ 2015 245-KB AppendixA-Poge4
49
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation. *. l
Following submission of Statement of Qualifications, the applicant agrees to deliver such fu r details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by th in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is ihe responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not pfoviOe any assuiances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with Citf i.,.,. shall be .t tn. r...lpi.'n
i**
Prpposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City='.*ffiut any wananty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consid€ration, 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'futl!'.,'5ih*nor,vledges all the provislons of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound'by,h€-telms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of he party submitting such Statement of Qualifications.
]ffi :?f':xXT.:,:;f,fi3ff'#;'ffili}:l'J;?::;f i"'i::: *'l
't
net ket without notice rnrormation is ror guidance
The City and all Proposals will be bouhd only as;' and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitatiofi rnay be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to,fre. City. ". . .
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supportlng documents shall be
subject to disclosurd*requlre.. y such law. All Statement 0f Qualifications shall be submitted in sealed proposal form and shall remain
confidential to$e extent peffitted.:by Florida $tatutes, until the date and time selected for opening the responses. At that time, all
document ived by the City shalFbecome public records
Propos5fS'€E;Spected to make all di$$osures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications,@Ploposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or S'Up$fempnt information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in sUgngOuirV or investi$'Ation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complEto the best of $$knowledge, information, and belief.
Notwithstanding the foregoii$ or anylhjng contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent iurisdictiott:$ich imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City witti r€spect 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.
RFQ 2015-245-KB AppendixA-Poge5
50
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges
that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public
Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications
Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Atrlhorized Representr&-e
Signafu re of Proposer's Authorized Representailve:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of
of
) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
RFA 2015 245 KB AppendixA-Poge6
51
APPENDIX B
ffir$'M$mm&ffiN
"No Bid"
.,=
=.
ir.li:_
ffim
RF$No.201 5-245-KBAr it iprol ond.Engineering
Design 54tviEGgfpr the Lincoln Rood- ,=,.-=- "..uffrla* District* *-7'
.: = PROCUREMENT DEPARTMENT',' ]700 Convention Center Drive''''' ' .. Miomi Beoch, Florido 33139
52
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
TH|S TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
'l|#i,}].\,*,
",. .'.
l:)::.1::
We do * do not want to be retain6d on your mailing list for future proposals
of this type product an-d/or service. ti,. ..:=
Signature:
r:::::::::::::.i:::: .::::::r::::::=
Tifie::_,_=,-=.=
Legal Company{ame:
,iNote.*;ilure to rd$rbond, either by submitting a proposal or this completed form,
may ibsult.in y,,,urcompany being removed from our vendors list.
CITY OF MIAM]''BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Kristy Bada
STATEMENTS OF QUALI FICATIONS #201 5.245.K8
1755 Meridian Avenue, 3'd Floor
Miami Beach, Florida 33139
RFG 20 ) 5-245-KB AppendixB-Poge 1
53
APPENDIX C
ilil:':,t::,t"=
&&t&&e$ffiffi&ffih{
Minimum Re!uiiements
& SpeeiTi4ions
RFQ=-... .201 ,$-245-KB
Arc-hitettuidlru h d En gi n e eri n g
.::::=
Design Services for the Lincoln Rood.' , i District
PROCU REMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
54
C1. MINIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum requirement.
Proposals that fail to comply with minimum requirements will be deemed non-responsive and will not be
considered. Determination of compliance with the minimum eligibility requirements is strictly at the sole
discretion of the City of Miami Beach.
PRIME PROPOSER:
1, The Prime Proposer (Architectural/Engineering Firm) shall be certified as'Architect Business" or
hold a "Certificate of Authorization" by the State of Florida, Division of Business and Professional
Regulations, as applicable
, .::.
LEAD DESIGNER:
2. The lead designer shall be an Architect or a Civil Engineer,licensed by the State of, Florida, Division
of Business and Professional Regulations in their resp,$iVe professional fields.
REQUIRED SIMILAR EXPERIENCE: , iiii='.-
3. The Prime Proposer shall have completed construction documents,ior no less than three (3) similar
projects within the last ten (10) years. Similar projects sfi..q11il[i inteipreted to mean open air
pedestrian district prolects and pertaining infrastructure 'tttdit include a combination of retail,
restaurant, and entertainment and are no less than 25,000 square feet in size.
Submittal Requirement: For each qualifying project, submit pioject n-a.me, project contact
information (phone and email) and prime proposerls role in project. r',..
C2, STATEMENT OF WORK REQUIRED. :..
The City issued a Request for Qualifications (RFQ) under RFQ 2014-050-SR to develop a master plan
for the Lincoln Road, istrict on'..E 2,2014. The proposed area of development of this project under
the master plan enedmpasses LlFffi Road pedestrian retail area and adjacent Lincoln Lane North and
Lincoln Lane South',be_tween Lennox Avenue (1000'Block) to Collins Avenue (300 Block). The
proposed area of deveiop,ment extenOs to 16tt Street along Drexel Avenue.
The goaloffte RFQ was to confiffi with a quiifffieii consultant to develop an iconic Master Plan taking
into account the various uses of'tlii*,,1-incoln Road District. The Master Plan should create a blueprint
that will place the Lincoln Road distrieFon. par with other marquis pedestrian/walkable destinations in
maj{, metropolitan cities in the world. fhe City is undertaking a master planning process for Lincoln
Road,improvements so that it fs complete by FY 2014115 when funding becomes available to begin the
design and gonstruction phaie of the project. The key issues described in the Master Plan scope
included:. Vision for the future of Lincoln Road, including elements of historical importance; summary of
key challenges, opportunities, priorities, and objectives; and key design concepts and
elements.. Catalogue and conservation of all historical elements (designation to be provided by the City).
. Publicoutreach/stakeholderengagement.. Environmental/Sustainability Plan including storm water management, sea level rise and
flooding strategy to be addressed in a conceptual manner, sustainable and local material
selections, and greening strategies, in collaboration with City staff.. Conceptual Land Use Plan identifying (working in tandem with the new sidewalk caf6
ordinance):
RFa 2015-245-K3 AppendixC-Poge I
55
1. Open spaces.
2. Open seating elements.
3. Parking throughout the district including any valet alternatives.
4. Crossing Zones from north to south for pedestrians.
5. Minimum and maximum caf6 zones as relate to indoor seating and square footage.
6, Pedestrian Accessibility Plan, including bicycle, skateboard, and Segway uses.
7. Programming opportunities including performance areas and stages.
8. Public art.. Aesthetic Standards and Guidelines for:
1. Hardscape.
2. Landscape.
3. Lighting.
4. Way finding and signage.
5. Outdoor furniture and outdoor seating plans and associated equipment.'q *'
6. View corridors both North/South and EasUWest-.=. lmplementation/Phasing Strategy highlighting opportunities for: early implementatl0n p,roijRtfl,
. Conceptual plans, diagram, material guidelines, and,.illustrative details that incorporate $Bneral
Master Plan elements and design direction.. Visitor Center to be located on the Northeast portion of-' incoln Road and Washington Avenue.
The design of the project's proposed imprB$ements, subject of this RFQ, will be based on the approved
Master Plan and will include at a minimum the fotlow.,,1r-rg amenities:
o Enhancement of pedestrian walkways and caf6 zones.. Modifications to the existing planters and wa-teF,, atureSE. Landscape and lnigation.- ' .,l,.!.:r. Storm and sewer drainag, .
". Lighting and iignalizatio. Multipurposearets at speefied selected locaticni.. Outdoor furniturd and outdoor seating areas.. ,, M*fund resurfacing of pavemeni iurfaces, including striping and pavement markings as
. Crosswalkenhancements.
:::::!::'t'o , lnteractive visitoffinter with artistic gateway folly at Lincoln Road and Washington Avenue.
The fucied Consultant mriifOe an ArchitecUCivil Engineer and shall provide as needed Architectural,
Structural'F@eering, Civil Engineering, MEP Engineering, Landscape Architecture, Traffic Studies,
Construction::Cffi Estimati., , Surveying, and Geotechnical services for the Project. The work shall
include, but notibeJimited to, conceptual drawings, surveying, geotechnical, design development,
estimates of pro6'ffid. construction cost, construction documents, permitting, bidding/award, and
construction admini$ration services for the Pro1ect.
Plans shall include all necessary drawings and technical specifications needed to construct the
improvements and shall have defining documentation of what is authorized and approved. Documents
may be developed in multiple packages based on prolect phasing schedule.
Prepare utility coordination, permits, and advice of all fees associated with all site, utilities, etc. work,
Prepare presentation materials to illustrate the final design and participate in public outreach and
RFG 2015-245-K3 AppendixC-Poge2
56
regulatory agency review meetings.
Obtain all required building permits as well as any other permits necessary for the refurbishment of
Lincoln Road pedestrian mall from Washington Avenue to Lennox Avenue and attend public meetings
as required by the City.
The selected firm shall be tasked with, but not limited to, the following duties and responsibilities:. Design Services:
..::::::::::..::::
1. The purpose of this task is to establish requirements for tl1=e?Biffaration of contract
documents for the Prolect. . ,=
2. The Consultant will be required to prepare construction and$rmitfuuments for the design
and construction documents of the proposed amenities under the approved Master Plan for the
Lincoln Road District. '
3. The selected firm shall be required to perform a variety oitr.nri. Gifu.rify existing
conditions and the accuracy of any available as-built drawings, surveys, and mgp-s to be used
for development of the contract drawings, including: l]l1|2,_o Requirements for the preparation of contract documents, inclusive of d:fdriirings,
specifications, and front-end documents.o Establish requirements with regards to constmctability and value engineering reviews.
o Establish requirements for the preparation of Statements of Probable Construction
Costs by the Consultant as'defined by the American Association of Cost Engineers.
o Establish requirements for th*$esign Review Board (DRB) and Historic Preservation
Board (HPB).
o Discusses revisions to the conlract documents based updh input received during the
DRB and HPB meetings,
o Specifies requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization.
4. The GGN,SULTANT $hall establish and maintain an in-house Quality Assurance/Quality
Control (aA/Q. ) programdesigned to verify and ensure the quality, clarity, completeness, and
constructabilityfffls conkast documents. In addition, the selected firm shall follow City
standards for the' $repbration of,0ontra€}documents, inclusive of drawings, specifications,
front-end documents, and cost estimates. Presentation formats for review submittals shall be
prepared foi submittal to the. City's Design Review Board (DRB) and Historic Preservation
Board (HPB) during the Cb@pluel Phase, at 50% (Design Development Phase), and 90%
. (Construction Documents Pha5e) completion stages, Contract documents shall be subject to
ionstructability and Value Engineering reviews by City and/or others.
-.5. The selected firm,iwill work with the City to revise/adjust project scope as may be deemed
necessary to meet established budgets as design evolves through the design stages of
completion.
6, ln addition, the selected firm shall extend and participate in a community design review
meeting and a pre-construction/kickoff meeting to review the design, To facilitate the
implementation of a Public lnformation Program, the selected firm will provide electronic files of
all project documents, as directed by the City.
7. The selected firm shall be responsible for securing all required regulatory approvals of its
contract documents from all applicable jurisdictional agencies and boards prior to finalization,
and will be responsible for initiating submittals and reviews in a timely manner.
8. The selected firm shall establish and maintain an in-house Quality Assurance/Quality
Control (OA/OC) program designed to verify and ensure the quality, clarity, completeness, and
constructability of its Contract Documents.
RFA 2015 245-K3 AppendixC-Poge3
57
Bid and Award Services:
1. The selected firm shall assist the City in the bidding and award of the project. Such
assistance shall include attending pre-bid conference(s), assisting with the preparation of
necessary contract addenda, attending bid opening(s) where applicable, and assisting with bid
evaluations.
2. The selected firm shall provide "As-Bid" documents for use during construction.
Construction Administration Services:
1, The selected firm shall perform a variety of tasks associated with the administration of the
construction contract and construction management of the project. These shall include
attendance at preconstruction meeting(s), attendance to ueekly construction/progress
meetings, responding to contractor Request for lnformation (REl), clarification, responding to,
and evaluating contractor requests for Change Orders (RC0},iontrait*amendments, review of
shop drawings and submittals, review of record drawings, review ahd.recommendation of
contractor applications for payment, specialty site visits,,-project closeout reviews, including
substantial completion, final punch list, development and project certification of finalcompletion
and acceptance, and warranty administration.
1. No additional services are envisioned at this timg, However, ifrsuch services are required
during the performance of the work, they will be iequested by the City and negotiated in
Reimbursable Services:
1, The City may reimburse additiona.l expens€s- such as, but not Ii d to, reproduction costs,
e-Builderlicenses, materialtesting/abatement?sapplicable. =
i:.. lli ll!/A!!.:lrir." ::::'-:'.=
::at:::a;
: ij:.::ll'
',i
, ,
RFQ 2015245K3 AppendixC-Poge4
58
APPENDIX D
MIe,\e$mffi&ffiil{
Speciol Conditions
W
RFQ No .201 5-245-KB
Architecturol ond Engineering
#P",BeServiceilil,5"
Li ncol n Roo d
:;.j.
: l_
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
59
1. TERM 0F C0NTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable,
...,:......=
5. INDEMNIFICATION. Provider shall indemnify and hold harmless the City artJ,itS'Officers, employees,
agents and instrumentalities from any and all liability, losses or damages,li$oluding attorneys'fees and
costs of defense, which the City or its officers, employees, agents or iqstm&ntalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of,ahy kind or.pature arising out of,
relating to or resulting from the performance of this Agreement Si the Provider or its employees,
agents, servants, partners principals or subcontractors. Pr..-q..yider shall pay all cfaim$-and losses in
connection therewith and shall investigate and defend all cEiins, suits or actions of any'Eiqd or nature
in the name of the City, where applicable, including.,.anp'ellate proceedings, and shall Fil all costs,
judgments, and attorney's fees which may issue theldlfuvider exp,!,,.,g sly understands arliffirees
that any insurance protection required by this Agreement'odhqn iW piovided by Provider shall in no
way limit the responsibility to indemnify, keep and save harmhsgii,and defend the City or its officers,
employees, agents and instrumentalities as herein provided. il ,,.
6. PERFORMANCE BOND. Not Applicable. ,
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable,' : uu:::
9, DELIVERY REUENTS. Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
.1. .li
11. BACKGROUND CHECKS. Not Applicable.
t2- COMPETITIVE SPECIFICATlO[t tt,ptne goal of the City to maximize competition for the project
arnoftg suppliers & conlractors. Consriltant shall endeavor to prepare all documents, plans &
specifiCAtions that are in accordance With this goal. Under no condition shall Consultant include means
& metheds or product specifications that are considered "sole source" or restricted without prior written
approval of the City.
13. ADDITIONAL'T,5RMS OR CONDITIONS. This RFQ, including the attached Sample Contract,
contains all the term5:and conditions applicable to any service being provided to the City resulting from
award of contract. By virtue of submitting a proposal, consultant agrees not to require additional terms
and conditions at the time services are requested, either through a separate agreement, work order,
letter of engagement or purchase order.
14. PRECLUSION. Successful Proposer and sub-consultants contracted to provide architectural and
engineering design services for the project pursuant to this RFQ are precluded from bidding/responding
to the competitive solicitation for the construction phase of the pro.yect.
RFQ 2015-245-K3 AppendixD-Poge 1
60
15. CHANGE OF PROJECT MANAGER. A change in the Consultant's project manager (as well as any
replacement) shall be subject to the prior written approval of the City Manager or his designee (who in
this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved
project manager or public information officer shall not be made without submitting a resume for the
replacement staff person and receiving prior written approval of the City Manager or his designee (i.e.
the City project manager).
16. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace any sub-consultant without
the prior written approval of the City Manager, in response to a written request from the Consultant
stating the reasons for any proposed substitution, Any approval of a sub-consultant by the City
Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services and
acceptability to the City of the services performed by sub-consultantsshall be the sole responsibility of
Consultant.
=
17. NEGOTIATIONS. Upon approval of selection Oy ity Commission, negotiations between the
City and the selected Proposer (s) will take place to anive at a mutually acceptable Agreement,
including final scope of services, deliverables and cost of Se$iees.
"llffi'
RFA 20I5-245-KB AppendixD*Poge2
61
APPENDIX E
r:it.r::lit,,
MiAfuTIffiffi&ilM..
Insuronce equifements
RFQ No.20+5-245-KB
Arc hifectural o no En gineerin g
=Design Services for the
'Efncoln Rood District
til PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
62
,\l\r&tu\rffiw&ffiN
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
The provider shall furnish to Department of Procurement, City of Miami Beach, 1755 Meridian Avenue, 3d Floor, Miami Beach,
Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as reguir:ed by,, Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than'.$l,000,000 combined
single limit per occurrence for bodily injury and property damage,,,$i,ty of Miami Beach must be shown as an
additional insured with respect to this coverage. .
,,tili,i.C. Automobile Liability lnsurance covering all owned, non-"Eitfied and hired vehicles used in connectio.G,.,nlith the
work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage.
,_ ,1,
D. Professional Liability lnsurance in an amount not less than $2,000,00ff 1 h the deductible per claim, if any, not
to exceed 10% of the limit of liability. ' ,.=,,,
.,,. .
A waiver of subrogation in favor of the City must be included tol:the pdicies required above. The insurance coverage required
shall include those classifications, as listed in standard liabitity insurance manuals, which most nearly reflect the operations of
thevendor...
All insurance policies required abbve snafi;$d issued by companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The company must be rate{ no lessrthan "B+l'as to management, and no less than "Class V" as to financial
strength, by ttre latest edition of Best'S lnsur:ance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its'equivalen[ subjedt'to,.the approvalof the City Risk Management Division.
or
.ornprny must hold a valid Florid,E*edrficate of Authority as shown in the latest "List of All lnsurance
''COm-[anies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
lnsUnalce and are membe@the Florida Guaranty Fund.
Certificates will indicate no modification'0r change in insurance shall be made without thirty (30) days in advance notice to the
certificate holder. €ERTIFICATE HOLDER MUST READ:. CIW OF MIAMI BEACH. 17OO CONVENTION CENTER DRIVE
3d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under
any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFA 2015245K3 AppendixE-Poge 1
63
APPENDIX F
ffi$&ffiiffiffi&ffiH
Stcndord Forffi*3O
R,FQilo. 201 5-245-KB
Archit5af,,Vl8l Ufi d Engineering
Desigffiervices for the
Lihcdrn Rood District
PROCU REMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
64
APPENDIX G
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Sompl,e Cohtroct
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RFQ No .201 5-245-KB
lt'::;:Architecturol ond Engineering
7#eaign SdrVices for the
Tincoln Rcod District
PROCU REMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33.l39
65
AND .. .:
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FOR t:;t:::::i -.r:::.:::::=
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PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
FOR THE
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'Resdlution,No.
66
TABLE OF GONTENTS
DESCRIPTION
ARTICLE 1 DEFINII'ONS
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
BASIC SERVICES
THE CITY'S RESPONSIBILITIES
RESPONSIBILITY FOR CONSTRUCTION COST
ADDTIONAL SERVTCES
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REIMBURSABTE EXPEruSES
7. COMPENSATION FOR SERVICES N
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PAGE
2
7
13
16
17
18
:'{9
20
21
22
23
24
25
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zo
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8. CONSULTANT'S ACCOUNTING AND OTHER
9. OWNERSHIP OF PROJECT DOEUMENTS
10. TERMINATION OF AGREEMENT..
11' INSURANCE
"=""'ri '::';':12. |NDEMN|F CryAND.HOLD HARMLESS
13. ERRORS'AND ISSIONS :
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{;"=LLANEous
PRovrsroNs
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SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE lflqnt'=
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34
35
36
37
38
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GENERAL CONDITIONS OF THE CONSTRUCTTON CONTRACT
INSURANCE AND SWORN AFFIDAVITS ']-IIi.
BEST VALIIE AMENDMENT
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TERMS AND COND/T'ONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXffi
FoR ,. ==
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
WXXXXXXXXX
WITNESSETH:
::::::::::::::=: ':l
This Agreement made and entered into this _ day of :*;,,. 20XX, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Ftorid.-a.,33139, (hereinafter referred to
asCity),andXXXXXXXXXXW,aFloridaXXXxxXXXXXXhavingitsprincipalofficeat(hereinafterreferredt6asConsu|tant)'
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Seryjces,.attach*grd as Schedule "A" hereto, and wishes to engage
the Consultant to provide spe@professionat serviCds including, without limitation, fuE services, for the
Project, at the agreed fees set forth in this Agreement; and
=,,-litEffiiiT
WHEREAS, the Consultant desir-Hi to contract with the City for performance of the aforestated
professional servic1,,,,,. lative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
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ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
331 39.
1.2 CITY COMMISSION: "City Commission" shall mean the goverpllrg and legislative body of
the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to r.-9fi,,,,,,,,,,,,,,,1ude any duly authorized representatives
designated in writing (including the Project Coo ator) with respect to any specific matte(s)
concerning the Services and/or this Agreemeptrft-q*qgrive of those authorizations reserved to the
City Commission or regulatory or administrative OoOi"t having jurisdiction over any matte(s)
related to the Project, the Services, and/or this Agreementln
1.4 PROPOSAL DOCUMENTS: "Proposal Documents* sfiall mean Request for
" XXXXXXX" issued bY the CitY in
contemplation of this Agreement, together with all amendments thereto (if any), and the
Consultant's pr:oposal in respo,fise thereto (Proposal), which is incorporated by reference to this
Agreement and made a part hereof; provided, however, that in the event of an express conflict
betwre9. h*-0t,.:,,= OoCumenb and thi gr6ement, the Agreement shall prevail.
*+, CONSULTAN.f:'= The'' nal'ned entity on page 1 of this Agreement, the "Consultant"
:
sh'5#inean the archited.Uengineer who has entered into a contract with the City to provide the
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ServiiU$rdescribed undel this Agreement. When the term "Consultant" is used in this Agreement
it shall atsol(. g Oeemedto include any officers, employees, sub-consultants, agents, and any
other person 6r enfltV a'bting under the supervision, direction, or control of Consultant. Any sub-
consultants retainbd by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this
Agreement shall create any contractual relationship between the City and sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
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Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and
shall not be cause for any increase in compensation to the Consultant for payment of the Basic
Services. The quality of services and acceptability to the City of the services performed by such
sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
XXXXXXXXXX)fi XXXHXD(XX ;
ffiXXX.
1.6 PROJEGT COORDINATOR: The "Project Coor:dinatod' sha[[*{ pngsn the individual
designated in writing by the City Manager who shall be the City's authori representative to
coordinate, direct, and review (on behalf of the City) all matters related to the Project during the
design and construction of the Project (unless expressly provided othenryise in thid Agreement or
the Contract Documents).
'1.8 BASIC SERVICES: "Basic Servic€s" stf€tl iniEde e services which Consultant shall
perform in accordance with the terms of the Agreement (and as required to complete the Project),
as further described in Article 2 and Schedule "A" hereto. ln addition any Services not specifically
addressed as Additional Services (as defined nereinjlfrall be considered Basic Services.
1.7 flntentionally Omitted]
,, ]::::
1.9..1 -PROJEGF=; The-Project" shall mean that certain City capital project that has been
a,S foved by the City:'e;-o missioh=nd is described in Schedule "A" hereto.
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tiect Cobt:The "Project Cost", shall mean the estimated total cost of the1.9.-+ Pr<
Projeet, A-q- prepared and established by the City, including the estimated Construction Cost
and Soft GgEtg, ,Ehe Project Cost may, from time to time, be revised or adjusted by the City,
in its sole di$retion, to accommodate approved modifications or changes to the Project or
scope of work.
1.9.2 ProiectScope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
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actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) o'f
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work.
1.10.1 ConstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construg$i6h,FSLst, The, "Statement "J Probable
Construction Cost" shall mean the latest appag
.writteh
estimate of Construction Cost
submitted by Consultant to the City, in a format apF,F+d by the Project Coordinator.
For Work which bids or proposals have not been let, the St rneht of Probable Construction
Cost shall be the same as the Construction Co'St.
1.11 FoRcE MAJiURH,==or." rrrrul"ji' shall mean any delay occasioned by superior or
;!? : ::::::::::::::
irresistible force cccasloned @olence in nature without the interference of human agency such
as hurricanes, tornad$efu.floods;loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, *fg local lq-W,:SrL,o1$inances, codes or regulations enacted after the date
of this Agreement-or other eauses beyond the parties' control which have, or may be reasonably
expected to have, a material ad-qe.effect on the Project, or on the rights and obligations of the
parties under this Agreement and"which, by the exercise of due diligence, such parties shall not
have beenable to avoid; provided, however, that inclement weather (except as noted above), the
acts or om.issions of sUb-consultants/sub-contractors, market conditions, labor conditions,
construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force
majeure, the Consultant shall request a time extension from the Project Coordinator within five (5)
business days of said force majeure. Any time extension shall be subject to mutual agreement and
shall not be cause for any claim by the Consultant for extra compensation, unless additional
services are required, and approved pursuant to Article 5 hereof.
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1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered
in the Contract Documents.
1.13 CONTRACT DOGUMENTS: "Contract Documents" shall mean this Agreement (together
with all exhibits, addenda, and written amendments issued thereto), and the documents prepared
by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto
(that form the basis for which the City can receive bids for the Woik included in the documents).
The Contract Documents shall also include, without limitation'(togetheFwith all exhibits, addenda,
and written amendments issued thereto), the invitation to "bid (lTB), instructions to bidders, bid
form, bid bond, the Contract for Construction, surely@yment and performanie bonds, Conditions
iil =of the Contract for Construction [General, Supp]ei,.t*gl]"O, an-d other Conditionsl, Divisions 0-17,
Construction Documents, an approved Chang€ rder(s), approved Construction Change
Directive(s), and/or approved written orde(s) for a minor change in the Work.
;1,1.14 CONTRACT FOR CONSTRUG,,.I1 N: .,,,1,Contract for Construction" shall mean the legally
binding agreement between City and witft=Contra'Gto,f$[ performance of the Work covered in the
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawing_s, documents, andr:diagrams prepared by the Consultant pursuant
to this A.g.r.e.e..{.r9nt, which ihow the lo€tions, characters, dimensions and details of the Work to be
done,.*id Whidlii,5 part of the'eontract Documents.
:
1.16 COJ.ITRACT AMENEJVIENT: 'Contract Amendment" shall mean a written modification to the
Agreemffi,approved by thE City (as specified below) and executed between City and Consultant,
covering Cheng-es, additiohs, or reductions in the terms of this Agreement including, without
limitation, authotiizing a Change in the Project, or the method and manner of performance thereof,
or an adjustment inihe fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five
thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the
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City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option,
and which have been duly authorized, in writing, by the City Manager or his authorized designee,
prior to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, eduipment, services, methods,
procedures, etc. necessary or convenient to performance by-,,,,
obligations proposed by the Contract Documents 'i=
=
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1.19 SERVICES: "services" shall mean all services, work,
performed pursuant to or undertaken under this Agreement. -
' hdteto.
,{ontractor of all duties and
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and action$ by the Consultant
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1.20 SOFT GOSTS: "Soft Costs" shall mean cqts .related to the Project other than
Construction Cost including, without limitgtion, Consultant's Basic Services, Additional Services,
surveys, testing, general consultant, finanCing, and permitting fees, etc.
\' = ,i iir1.21 BASE
",r, .,._
"Base Bid" shall ,meanihe gi HUrts contained in the Construction
Documents recommended by the Consultdnt (and approved by the City) as being within the
Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive
':::::::::-:, :::::::::::.:',::r=i, :r:.l::l::=. :.-,.,?r?r,, 'SCOP F SERVIC,ES: "Scope of Services" shall include the Project Scope, Basic
-$Hrvices, and anyAddilional Sewjces (as approved by the City), all as described in Schedule "A"
,i1.23 SC.f[EDULES: :rii,',5.nedules" shall
Agreement afia d to as follows:
mean the various schedules attached to this
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
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Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent
by the Project Coordinator.
A separate Notice to Proceed shall be reqfiiteflgiir to gn,mmencement of eaCh Task (as
same are set forth in Schedute "A" hereto). =".,1
2.3 As it relates to the Services and the Project, Consun{q$-ggnts and represents to City
that it is knowledgeable of Federal, State, and local laws codeS),iffi and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State .9,,,!jlord,q codes, rules'and regulations, and local (City of Miami Beach and
Miami-Dad"
"_9y.!lrl
ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they rEfate to the Services and to the Project, the Consultant agrees to comply with all
such Applicable Laws, whether now in effecl or as may be amended or adopted from time to time,
and shall furth€r take into accouni ait i*Ow=EFending changes to the foregoing of which it should
reasonably be aware, =7,
= .,.. Ti.-:.:-
Recc$-nizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services
with the City (through the Project Coordinator) in order to provide for the safe, expeditious,
economical and efficient completion of the Project, without negatively impacting concurrent work
by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as
other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City
that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to
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perform the Services. Consultant warrants and represents to City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; and sh31l also include any and all of
Consultant's responsibilities and obligations with respect to the Project, as set forth in the General
Conditions of the Contract for Construction (attached as Schedule'!F" hereto).
2.5.1 Planning Services
Consultant shall provide planning services for
Documents and as set forth in Task 1 of
Services").
the Project, as reQui by the Contract
Schedule "A" hereto (entitled "Planning
2.5.2 Desion Services:
Consultant shall prepare Desi$n-Documents for the Projeet, as required by the Contract
Documents and as set forth in rjix z ;lilU[nA*le "A' rrereto (entitled "Design Services")
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2.5.3 Biddinq And Award Serviceg;
Consultant shall provide bidding and award sdrvices for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
=''i =-ti'i'''lli'
=
2.5.4 CohitfuclionAdm-inistrationServices:
",, , onsultant shall provide construction administration services for the Project, as required
l . the Contract [ocuments and as set forth in Task 4 of Schedule "A" hereto (entitled
" CoA=str.u cti o n Ad rii in i strati o n Se rvi ce s" ).
2.5.5 A,Sl$itional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set
forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability of
the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for
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the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be deemed
to be an assumption of such responsibility by the City for a defect, error or omission in designs,
working drawings, plans, technical specifications, or other technical documents; provided,
however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt is understood that time is of the essence in the compfetion of the Project and, in
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2.7.1 Term: The term of this Agreement shbll commence upon e tion by the parties
(subject to approval of the Agreement by the Mayor and City Commissionl 1tn" Effective
Date), and shall be in effect until all Services are'=corpleted or until the *orkilOlor services
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under the Notices to Proceed in force at the "ne of ,tf'" stated period of time have been
completed and the Services accepted, whichever may be later.
2.7.2 The Consultant shall perf tn tr=, as exfdditiously as is consistent with
the standard of pr-ofessional skill and, ca 'ieqij -bi,y-tnis Agreement, and the orderly
progress of the Work.
The Services shall be perfoimed in a manner that shall conform with the2.7.3
approvedfroject SCheduE attaehed to as Schedule "E" hereto. The Consultant may
Submit fdQu6$q,,.for ah adiustment to the Project Schedule, if made necessary because of
undue delays:'i ulting from untimely review taken by the City (or other governmental
ffiorities havin$'iuri.sdiction'over the Project) to approve the Consultant's submissions, or
anVffer portion oifthe Services requiring approval by the City (or other governmental
authdiities- having jurisdiction over the Project). Consultant shall immediately provide the
'rl with written notice stating the reason for the particular delay; theProject "effiiffirequested stment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of'completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator may grant a
reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
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27.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights
to terminate the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals
and/or firms that have been contracted, or othenryise retained, to perform work on the Project.
2.g The Consultant shall perform its duties under this Agreement ln a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance, except
to the extent that acts or omissions by the City make such performance impossible.
The Consultant is responsible for the professro. qF'quality, technical acduracY, completeness,
performance and coordination of all work re.,e d under'the Agreement (including the work
performed by sub-consultants), within the spedified me''p6riod and specified cost. The
Consultant shall perform the work utilizing the sk o*ledge, and judgment ordinarily
possessed and used by a proficient consulting with t"iEb.t to the disciplines required for the
performance of the work in the State of FloridaJhe ConsUlEnt jssresponsible for, and shall
represent to City that the work conforms to Citf'-.'iequirement s set forth in the Agreement.
The Consultant shall be and remain liable to the City for all damages to the City caused by the
Consultant's negligent act$=6 rors or omissions in the performance of the work. ln addition to
all other rights . rernedie@icn the City may have, the Consultant shall, at its expense, re-
perform all or any,'F,,,.,-t on 9f'the Services to correct any deficiencies which result from the
Consultant's failure to p€d,Onn ih accoidang,,e with the above standards. The Consultant shall also
be -.tiabte for th=e-., replacement or repair of any defective materials and equipment and re-
t:::::::.:.
rmance of any non-confoimjhg,,,q, struction services resulting from such deficient Consultant
services for a period from the fffeCtive Date of this Agreement, until twelve ('t2) months following
final acCeptance of the Wgrk, and for the period of design liability required by applicable law. The
Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timing of the corrections. Neither the City's inspection, review, approval or
acceptance of, nor payment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any
cause of action arising out of the performance of the Agreement. The Consultant and its sub-
consultants shall be and remain liable to the City in accordance with Applicable Laws for all
damages to City caused by any failure of the Consultant or its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
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duly licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Manager''). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of the Services. Consultant's Project.,. nager (as well as any
replacement) shall be subject to the prior written approval of the;6ity Manager or his designee
(who in this case shall be the Project Coordinator). ReOlace,.146ht uding reassignment) of an
approved Project Manager shall not be made without the prior written approval of the City
Manager or his designee (i.e. the Project Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of
!11:::\1.
l;EFyfitten notice
from the City Manager or his designee (which notice shall state the cauSe therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or
othenirrise retained Oy ConsJltn=q,,.,!.,,,,,, r the Project ( including, without limitation, any sub-
consultants).
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:
2"14 Consultant agre€s not to divulge, furnish or mak$[*$ailable to any third party(ies), any
non-public information concerning the Services or the Project, without the prior written consent of
the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure
is incident to the propef perfoimance of the SUrvices; or the disclosure is required pursuant to
Florida t.,*
li" $gcords faws; or, in the course of judicial proceedings, where such information has
beg.61, piopeily s$..$.i naed. Consultant shall also require its employees and sub-consultants to
ffi.,. ply with this sub*?clion. '.:'. :i
2.15 - Thqlity and Consultant acknowledge that the Services do not delineate every detail and
minor work k requireel.to be performed by Consultant to complete the Project. lf, during the
course of pedormlng- of the Services, Consultant determines that work should be performed to
complete the ProjeOt which is, in the Consultant's reasonable opinion, outside the level of effort
originally anticipated in the Scope of Services, Consultant shall promptly notify the Project
Coordinator, in writing, and shall obtain the Project Coordinator's written consent before
proceeding with such work. lf Consultant proceeds with any such additional work without
obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be
within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
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Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and
all such documents and/or records. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the?roject shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Laws.
2.18 GREEN BU!LDING STANDARDS:
,t.
The Consultant shall comply with the requirements of. ion 255.2575, Florida Statutes, and
Chapter 100 of the City Code, as both may be amended f ,..|.i to time, addressing applicable
Leadership in Energy and Environmental Destgn (LEED) compfi*. ce quirements.
2.19 SUB.CONSULTANTS:All services provided by sub-consultants shall be
consistent with those coffimitments made by the Consultant in its Proposal and during the
competitive solicit&n selectiolr process and interview. Such services shall be undertaken and
performed puisud'E to appropiiate written agreements between the Consultant and the sub-
consultants, which shEII contair,rprovisiong thpt preserve and protect the rights of the City under
. .rl !:.:i
this Agreement. Nothing='e ntained in"this'Agreement shall create any contractual relationship
betueen the City and:the su6:Efuultants.
The Consultant shall ho-t retainoidd, or replace any sub-consultant without the prior written
approval of .the City Manager, in response to a written request from the Consultant stating the
reasons forany proposed substitution. Any approval of a sub-consultant by the City Manager
shall not in a ay shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services
and acceptability to the City of the services performed by sub-consultants shall be the sole
responsibility of Consultant. The Consultant shall cause the names of sub-consultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
81
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Project during the design and construction of same (except unless othenrvise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services a1C tn3 Project. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant isobligated to commence and complete Services;
or
c) the amount of compensation the City is oOti$aied or committed to pay Consultant.
3.2 The City shall make available to Consul]ant all inform'ation that the City has in its
possession pertinent to the Project. Cons,,,u-ltantiffiiihf, grees and acknowledges that, in making
iqr
any such information a.vailable to Consultlnt, tttC City"fia!$ho express or implied certification,
warranty, and/or representation as to the accuracy or c6mpleteness of such information. The
Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the
extent it deems necess€ry all information furnished by the City, and that it is solely responsible for
the ac9....9ra,,,=L-1ynd applicability of all Such intgrmation used by Consultant. Such verification shall
includ€i withdet limttation, visual examination of existing conditions in all locations encompassed
, $e Project, wh€-fe;,,,.q1ch exarnination can be made without using destructive measures (i.e.
"*nqffil,i:n
or demolitio'n},, Survey information shall be spot checked to the extent that Consultant
has satisfled itself as to the reliability of the information.
3.3 ltntentftimfiflyffitteol
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or otheruise becomes aware of any fault or defect in the Project, or
82
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity,
shall render any administrative approvals and decisions required under this Agreement, in writing,
as reasonably expeditious for the orderly progress of the Services and of the Work. No City
administrative (proprietary) approvals and/or decisions required undel this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, howeve t.tne City shall at all times
have the right to approve or reject any such requests for any rea-.qoffie basis.
lN\T , ..3.7 The City Commission shall be the final authority to'do or to appffi the following actions
or conduct, by passage of an enabling resolution or am€hdment to this AgreBffient:
3.7.1 Except where otherwise expreSsly noted in the Agreement 'oi''"the Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendmente+r modifications to this Agreement.
't'i t'r
3.7 .2 The City Commission Shall y to consider, comment upon, or approve
any assignment, sale, transfer lr suUtettirg ;f this Agreement. Assignment and transfer
shall be defined
,,to
also in"rroB..#]L or tn" : *"iority of the stock of a corporate
consultant.
3.7.3 Upon Written @Uest from Consultant, the City Commission shall hear appeals
from administrative decisions of the City Manager or the Project Coordinator. ln such
cases, the Commission's decision shall be final and binding upon all parties.
= 3.7.4 The City Commission shall approve or consider all Contract Amendments that
?,, .d the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenruise expressly noted in this Agreement, the City Manager shall serve
as the City's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where othenruise expressly
noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and
authorizations which may include, without limitation, proprietary review, approval, or comment
upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the
City by Consultant.
83
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary)
decisions on matters arising pursuant to this Agreement which are not othenvise
expressly provided for in this Agreement. ln his/her discretion, the City Manager may
also consult with the City Commission on such matters. '
3.8.3 At the request of Consultant, the City Manag€r,shall be authorized, but not
required, to reallocate monies already budgeted toward paynrent of the Consultant;
provided, however, that the Consultants ompensation (or other budgets established
by this Agreement) may not be increars;d witho_ut the prior approva! of the City
Commission, which approval (if granted',at all) shallie in its sole and reasonable
discretion.
3.8.4 flntentionally Omitted]
il{r,\$
3.8.5 The City Manager''may approve Contract Amendments which do not
,
exceed the Sum 6f-,!,ryent! five thousand dollars ($25,000.00) (or other such amount as
,ay b ecified By tne City of Miami Beach Purchasing Ordinance, as amended);
provided ,jlo 9,9 .rmendments
inCrease any of the budgets established by this
Agreement.
Ltiri:!=
3.8.6 The Citf=-@anager may, in his/her sole discretion, form a committee or
committees, or jnquir or consult with, persons for the purpose of receiving advice
and recommendations relating to the exercise of the City's powers, duties, and
responsibilities under this Agreement or the Contract Documents.
..:
3.8.7 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under
this Agreement, and, should such default remain uncured, in terminating the
Agreement (pursuant to and in accordance with Article 10 hereof).
84
ARTICLE 4. RESPONSIBILITY FOR CONSTRUGTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
85
City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consulta*1.,,$,rfo[f9r,ving receipt of written
authorization by the Project Coordinator (which authorizaliqfi:'must 'be obtained prior to
commencement of any such additional work by Consu ' written authorization shall
contain a description of the Additional Services required;'ah hourlyfee,,.(...!..|r accordance with the
rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbur Expenses (if any)
with a "Not to Exceed" amount; the amended ConStruction Cost Budget (if'Ep,,,p,ficaUe); the time
required to complete the Additional Services; and an amended Project Schedilb {ff applicable).
"Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant
shall not exceed without further wri@uthorization of the Project Coordinator. The "Not to
Exceed" amount is not a guaranteed mumgsl;or the addili1 al work requested (or, in the
case of Reimbursables, for the expens@, ang.,4lI $Usts,applicable to same shall be verifiable
through time sheets (gng,,for: Reimbursablds, expense reViews).
.,,,,=.,,'.,,,, iiu ;
.;.'lll i lllil::::5.2 Additiohal,Services may include, but noi..be limited to, the following:
5.2.1 Protiiding addltfting,l ork relatiVe to the Project which arises from subsequent
, ciicumstances and causei wniCn do not currently exist, or which are not contemplated
by the B'arties at the:time of execution of this Agreement (excluding circumstances and
causes resulting from erftifomission, inadvertence, or negligence of Consultant).
5.2.3
5.2.2 Serving as an expert witness in connection with any public hearing,
arbitration proceeding, or legal proceeding, unless the subject matter at issue has
ariseh from the error omission, inadvertence, or negligence of Consultant.
! ntentionally Omittedl
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under
Section 4.5 hereof, which shall be provided at no additional cost to City).
86
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant)..i...
Notwithstanding the above, any Reimbursable Expenses inexcess of $500 must be authorized,
in advance, in writing, by the Project Coordinator. lnffies or vouchers for Reimbursable.:::: :::
Expenses shall be submitted to the Project Coordina.tor (alohg with any porting receipts and
other back-up material requested by the Project Goordinator). Consultant shall certify as to each
such invoice and/or voucher that the amounts
.ftens
clfud as reimbursabE are "true and
correct and in accordance with the Agreement." ', ,E***
6.2 Reimbursable Expenses may include, but not Oe tiiliteO to, the following:
:
6.2.1 Cost of reproduction, courier, and postage anU handling of drawings, plans,
specificatio_1.$ and other Project doquments (exeluding reproductions for the office use
of the Coni'iiltan[idnd its sub-consultants, and courier, postage and handling costs
betw*n the Consultant and its sub4onsultants).
6.2.2 Cost5 r reproductidfi-and preparation of graphics for community workshops.
"
|', 6.2.3 Permit fees iequired by City of Miami Beach regulatory bodies having
::,::,j, ':::: :,
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
87
exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted
with each invoice). No mark-up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not).
..:,,. .:
7.4 Approved Reimbursable Expenses shall be paid in a=ffiaftce with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in $hedutd rBi hereto. Any request for
payment of Reimbursable Expenses shall also be included with ConsuJta-n"t's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESGALATION: During the Term ot tnis njreement, the City may, by *ri,t"n directive
approved and executed by the City.Ir/anager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, tOgr,p.,fkrct the change in'the Consumer Price lndex (CPl) on a
year to year basis. Such adjustment *ffi,E$a.r"l._on the cumulative change of the CPI for the
Miami urban area, provided that in no event shEll €y,,the annual:increase exceed three percent
(3"/").
7.6 No retainage shall be made from the''Crcnsultant's compensation on account of sums
withheld by the City'6n paymen-h to Contractor.
; !tt;',I. ,,,,,.
'' :t '
7.7 .==METH€D{F. BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in itimely manner, j,no mord than once on a monthly basis. lnvoices shall identify the nature
in*tent"nt of the *oiftip'U.rormed; ihe totat hours of work performed by employee category; and
tne re$ifi*et hourly nifffS rate associated therewith. ln the event sub-consultant work is used,
the percei{3$e of compldtion shall be identified. lnvoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
rl:::i:l:
Coordinator for th6:iiequested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7 .7.1 lf requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
88
89
or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
s)
g) 9.2 The Consultant is permitted to reproduce copyrighted material described above
subject to prior written approval of the City Manager.
s)
g) 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to
adapt copyrighted material for additional or other work for the City; however, payment to the
Consultant for such adaptations will be limited to an amount not Or-gter than 50% of the original
fee earned to adapt the original copyrighted material to a new site. ::::
g) .: : t,.
g) 9.4 The City shall have the right to rndUify the Project or any components thereof
without permission from the Consultant or with,egf, ?,f y additioq...al compensation to the Consultant.
The Consultant shall be released from any liability resulting ftrcrngch modification.
s)
9.5 The Consultant shall bind all sub-consultants to tnEdifr*rent requirements for re-use of
plans and specifications.
ARTICLE 1 O. TERMINATION OF A-q.IREEMENT
10.1 TERMINATION-FOR,WCKg FU=-_!,...Dj:'The City is a governmental entity and is subject
to the=app@riation of funds by its legislativg body in an amount sufficient to allow continuation of
its,performance'ih accorOanCe with tne terms and conditions of this Agreement. ln the event there
i+a lack of adequate fundinS hei'-for the Services orthe Project (or both), the City may
terminate this Agreement withoutiurther liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for=eause, upon written notice to Consultant, in the event that the Consultant (1)
violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays
the performance of the Services or any portion thereof; or (3) does not perform the Services or
any portion thereof in a timely and satisfactory manner. ln the case of termination for cause by
the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
10.2.1 ln the event this Agreement is terminated for cause by the City, the City, at
90
10.2.2
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or otherurrise. The Consultant shall be liable to
the City for any additional cost(s) incurred by the City due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Agreement not been
terminated.
:.
ln the event of termination for cause by the City, the City s,Haili
lbnly be obligated to pay
...{\lrl I
Consultant for those Services satisfactorily performe -,..:' accepted prior to the date of
termination (as such date is set forth in, or ca e calculated from, the City's initial
written default notice). Upon payment of any amount which'may# due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liarblf,il1y to Consultant.
10.2.3 As a condition precedent to re[ease of any payment which inay be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
to the Project Coordinator a-By_-_-a.nd all Project documents prepared (or caused to be
prepared) by Consultant(incltidifi@$o.yt limitation, those referenced in subsection 9.1
hereof). The City shall not nyes0dniibl,,,g=|,'gl uny. cost incurred by Consultant for
assembly, copy,, and/or delivery otfl,ojebt doCuments pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: ln addition to the City's right to terminate for cause,
the City through the City Manager, may also t ate this Agreement, upon fourteen (14) days
prior written.,.!p,,1,,., to Consultah['.;or conveniehce, without cause, and without penalty, when (in
its Sole diSCrE
i-]
deems such termination to be in the best interest of the City. ln the event the
City terminates the'A{rieement foi.,convenience, Consultant shall be compensated for all Services
sati#fi,p1orily performed,and accepted up to the termination date (as set forth in the City's written
noticdppd for Consultant's costs in assembly and delivery to the Project Coordinator of the
Project docUrnents (ref@ced in subsection 10.2.3 above). Upon payment of any amount which
may be due to So,ns-u. t pursuant this subsection 10.3, the City shall have no further liability to
Consultant
,..=
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or any
portion thereof. ln the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination;
91
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initial written notice).
10.4.1The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause
or for convenience), the Consultant shall immediately, upon receipt,,.q..,,,.lJ" City's written notice of
termination: (1)stop the performance of Services, (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontiacts; andr.(4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
l:,)
ARTICLE 11. INSURANCE
11 .1
"1.q1,-\i-..,1;:iii,1l'
At all times during the Term of this Agreement=.,,,, nsultant shall maintain the following
required insurance coverage in fuli"force and effect. riElcon.rltant shall not commence any
work until satisfactory proof of all required insurance coverage een furnished to the Project
Coordinator'. ,=
(a) Prof,esSional*bility lnsurance, in the amount of one million dollars
($1,000,0.$$;QOJ, per rrence, with a m_aximum deductible of $150,000 per occurrence,
$450,000 ag$FEgate
".tr_1,! 1...3$hall notffi the Project Coordinator, in writing, within thirty
(30) days of any Clairng filed of' ffiFgainst its Professional Liability lnsurance policy.
'.w:
Lr (b) Comprehensive Ce@t Liability lnsurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
il:ffi
The Crty of Miami Beach, Florida must be named as an additional insured on
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
iiii;;:*
92
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized
to do business in the State of Florida, and countersigned by the company's Florida resident
agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all
required insurance policies. The City reserves the right to require a-certified copy of such policies,
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florid8 $tatutes, the Consultant shall indemnify and
12.2 ,.The Consultant agrees and recognizes that the City shall not be held liable or
responsible for'any el-ims which may result from any negligent, reckless, or intentionally wrongful
actions, errors or omissions of the Consultant in which the City participated either through review
or concurrence of the Consultant's actions. ln reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
hold harmless the City and its officers, employees, agentsa and instrumentalities, from liabilities,
damages, losses, and costs, including, but not limited to, ieasonable attorneys'fees, to the extent
caused by the negligence, recklessness, or intentionally wroh$fficot-tduct of the Consultant and
other persons employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
:; "'::::::::::l::1'...:::aaaa_|.
defend all claims;',suits, or adtidns of any kind or nature in the name of the City, where applicable,
including appellate q{,fi-fhr.,.O' ,,,rnd
.n",' pay all 'costs, judgments, and attorney's fees which
may issue thereon. Co=-astrltafit=+Xpr*:,9
. ?$"rstands
and agrees that any insurance protection
required by this Agreeme*t.-oL othenrrriSd-'provided by Consultant shall in no way limit its
responsibility to indemnify, k and save harmless and defend the City or its officers,
employees, agents, and lnstrumenta]ities as herein provided.
93
Damages shall include delay damages caused by the error, ornission, or A, , ombination thereof.
Should the Consultant disagree that all or p-art of such damages are'4fifi#r', of errors,
omissions, or any combination thereof, the Consultant may al.peal this deterrifiiiiiton, in writing,
to the City's Capital lmprovement Projects Director (the Director). The Director's decision on all
claims, questions and disputes shall be final, conclusive and binding upon the parties hereto
unless such determination is clearly agbitrary or unreasonable. ln the event that the Consultant
does not agree with the decision of the Diieq! ,the€onsultantshall present any such objections,
in writing, to the City Manager. The Dn*&',.-tor and-&-.$qtrltant shall abide by the decision of the
City Manager. This paragraph does not @nstittite a waiffilof any party's right to proceed in a
court of competent jurisdiction'after the aboVdladministratiVe remedies have been exhausted.
ARTICLE 14. LIMITATION OF'LIABII.ITY i
:::::::jt I
,,,,,,ffii,9.city
desires to' r into this Agreement only if in so doing the city can place a limit on its
tiffity for any cause of action foi honey damages due to an alleged breach by the City of this
nSredit o that its liability for any such breach never exceeds the "not to exceed" amount of
the fee Oai€,,to onsultanf under this Agreement, less any amount(s) actually paid to Consultant
hereunder. "'eon1,,,y,,,, nt'hereby expresses its willingness to enter into this Agreement, with
Consultant's recoVEU from the City for any damages for action for breach of contract to be limited
to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the
City to the Consultant hereunder.
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS:It is specifically agreed that any construction
changes categorized by the City as caused by an error, an omission, or any combination thereof
in the Contract Documents that were prepared by the Consultant will constitute an additional cost
to the City that would not have been incurred without the error. The damages to the City for
errors, omissions or any combinations thereof shall be calculate,,(.Sg! the total cost of any
damages or incremental costs to the City resulting out of thr#erroiS or omissions by the
Consultant.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to Consultant for money damages due to an
alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed
94
amount" of Consultant's fees under this Agreement, which amount shall be reduced by any
amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to
be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida
Statutes.
ARTICLE 15. NOTIGE
All written notices given to City by Consultant shall be addressed to:
"
ri,.,,::. :City Manager's Office ,u.,:r'..,.t'
City of Miami Beach '-
",=,.,,j='
'1 700 Convention Center Drive .-.:.::.:.::..::
.
Attn: XXXXXXXXXXXXX "i:;'
-,, :,r. , ..,.....,.,,. .*fr.
With a copy to: .,i,: :- , i:. ':ri':'
Ca pita I I m prove m e"q-.t P ec-ts_,OJf ice
City of Miami B*d$.t!.;u" ,#
1 700 Convention c8fri8r. oriv #!i,t.,,.
=-..*.==,..=..=...r,-=::S =: ':":=
"'\
'l*::: :'
Miami Beach, Florida 33139 "':;=
Attn: XXXXXXXXXXXXXX=,,
.. - . r :ii:.!:i.ii:7/;1!:t:,ri\.\s
,t :r::
tt,:-=t=
All written notices given to the ConSultant from the City shall be addressed to:
ry
XXXXXXXXXXXXXXX
XXXXXXXXXXYffi
XXXXXXXXXXXXXXX
Attn: XXXXXXXXXXX
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
95
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Cottrt, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNIW EMPL.O,,,,Y ENT GOALS: Consultant agrees that it will
not discriminate against any employee ot""'rpdfut for employment for work under this
" ;::
Agreement because of race, color, national or'i(if$i!ion,"" sex, gender identity, sexual
orientation, disability, marital or familial status, or age, aEry take affirmative steps to ensure
that applicants are employed and emplqyees are treated dufri.ilg
,,,1*3.p1oy*"nt
without regard to
race, color, national origin, religion, sex, gendel identity, sexual o'rjdntation, disability, marital or
familial status,
.::=
16.3 PUBLTC e*;tlW inf#ES AGT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florldd $tatutes), a $erson or affiliate who is a consultant, who has been placed on the
convicted vendor list fOllowin$!a,'.oo.nv;,9J1o,,,,,.L.. a public entity crime may not submit a bid on a
, ::t:t::_r -
contract to Fi.o.ni any g'oq$p or seniiedS io the City, may not submit a bid on a contract with the
C,tty for tfre conStiu&n or r5p&of a public building or public work, may not bid on leases of real
pioDerty to the City, may not be ded or perform work as a contractor, supplier, subcorttractor,
or subconsultant under a contract with the City, and may not transact business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 months from the date of being placed on the convicted vendor list. For violation
of this subsection by Consultant, City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
96
award or making of this Agreement. For the breach or violation of this subsection, City shall have
the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the
contract price (or otheruyise recover) the full amount of such fee, commission, percentage, gift, or
consideration.
16.5 LAWS AND REGULATIONS:
_::::i:.::lti+ir;rli i
16.5.1 The Consultant shall, during the Term of this Agreemert, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and: coOes which may have a
bearing on the Services involved in the Project. 'i',,,, ===
16.5.2ProiectDocuments. ln accordance with Section 119.07 (3) (ee), ifffib Statutes,
entitled "lnspection, Examination, and Duplication of Records; Exempti0ns," all building
plans, blueprints, schematic drawings, and diagiams, including draft, preliminary, and final
formats, are exempt from therlpr,ovisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), a,?9=r 24(a), Articl€, I of the State Constitution.
lnformation made exempt by this paragiaph, with prior written approval from the City
Manager, may be disclosed to another efiy to rc*orm its duties and responsibilities; to a
licensed architect, engineer, or contractor who is'performing work on or related to the
Project; or upon a showiny of good..:*"-*or1 a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of the
=
''f,ffi'...l'liiw,,,
:-' r:i
= t6.5i2,,ilt ln ddition to the requirements in this subsection 16.5.2, the
Consul@ agrees,:to abide by all applicable Federal, State, and City procedures,
i:..., as may h? amended from time to time, by which the documents are handled,
: Oied, aEd distributed which may include, but is not limited to, each employee of
'@sultant and sub-consultants that will be involved in the Project being required
tot-ign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
97
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare,
without added compensation, all necessary supplemental documents to correct errors, omissions,
and/or ambiguities which may exist in the Contract Documents prepqred by Consultant, including
documents prepared by its sub-consultants. Compliance with this subsection shall not be
construed to relieve the Consultant from any liability resulting from any such errors, omissions,
and/or ambiguities in the Contract Documents and.oifier doiuments or Services related thereto.
16.6
16.7
.e.
WARRANTY: The Consultant *j?l'.-E}ts that ihe Services furnished to the
under this Agreement shall conform to the quality eipected of and usually provided by
profession in the State of Florida, applicable to the design and construction of public ,
com mercial facilities.
City
the
and
Agreement, tfre C-$V i5 no cluded from retaining or utilizing any other architect, engineer,
design professi0-na.f,,or otherynsultant to perform any incidental Basic Services, Additional
Services, or other Orffiion4l59_ril5 within the contract limits defined in the Agreement. The
Consultant shall have -o'e]r aii4 the City as a result of the City electing to retain or utilize
sucb othdi architect, engmeE esign professional, or other consultant to perform any such
indidental Services.
16.8 NON-EXCLUSIVITY: Notwithstanding :any provision of this non-exclusive
s) ' 16.e ASSIGNMENT: The Consultant shall not assign, transfer or convey this
Agreement to any other person, firm, association or corporation, in whole or in part, without the
prior written consent of the City Commission, which consent, if given at all, shall be at the
Commission's sole option and discretion. However, the Consultant will be permitted to cause
portions of the Services to be performed by sub-consultants, subject to the prior written approval
of the City Manager.
s)
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
98
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
16,12 !NTENT OF AGREEMENT:
s) 16.12.1 The intent of the Agreemenfriiii$rfor the Consultant to provide design
services, and to include all necessary items fdf the prop,,.9r completion of suchservices for a
fully functional Project which, when construCted in 3ccordpe with the design, will be able to
be used by the City for its intended purpose. The Coasultant shall perform, as Basic Services,
such incidental work which may not be specifically iEfdrenced, as necessary to complete the
This Agreement is for the benefit of the p5rties only and it does not grant
Project.
s) 16.12.2
rights to a third O-?.,,..+,,,y 1.!+iary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain' for personal injuries, professional liability, or property damage
pursuant to tn e1 or. Orys of the Agreement.
.-.,]1f,.t;. -gNo acceptance, order, payment, or certificate of or by the City, or its employees or
;;':''' agents, Sh*I[+ner stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of a or right herein reserved to the City or of any rights to
,,.:.i ,
,:, ..16.13 Tfik, document incorporates and includes all prior negotiations, correspondence,
conver s, agreements, or understandings applicable to the matters contained
herein; 'and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements whether oral
or written. lt is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless memorialized in written
document approval and executed with the same formality and of equal dignity herewith.
99
F:\atto\AGUR\AGREEMENT FORMS\A & E AGREEMENTS\A & E Agreement - NEW BOILER PLATE (Clean Version 8-2-1O).doc
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
.dtiilir 4
witnesses and City Clerk on the day and year first hereinabove wEtt{en.
-nii:':!' r'i::::::=.,t::.si :.:::::::::=
CITY OF MIAMI BEACH:Attest
CITY CLERK
Attest
rifiAYOR
r :i1.::l:r:::..-
r,;,'
il ft?*'.,.,|
,**xxxxxxx
Signature/Secretary Signature/President
Pr:idt Name .:...4::!;::Print Name
100
.?-ai.:::
.::-=ilri
iM,,
.-:
101
SCHEDULE A
SCOPE OF SERVICES
"ir=
:
Vz..
a!*
102
SGHEDULE B
CONSULTANT COM PENSATION
Planning Services
Design Services*
Bidding and Award Services
Construction Administration *
Rei m bu rsable Al lowance***
Schedule of Payments
,,-tt="t
,,,.,iii
I .'t$.. 0'00
Ll,, ' ',,,..",, $xxofixxx
$xxxxxxxx=
lli,
$xxxxxxxx
Note*: These services will be paid Iump sum based oil FB\eentage:.complete of each phase as
Historic Preservation Board / Design Review Board (if required) $0.00
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
construction.
ln the event that, through no.f.aq,|tof the Gonsultant, Construction Administration services are
required to be extended, whiCh"*ension shatl be subject to prior City approval, and what shall
be at the Gity'S sole-iii5cretion,'=ft Consultant agrees to extend said services for $XXXXXX, per
month, foi'the duratioh rCeyi;eO to eomplete the Project.
Note**:'The Reimbursable Allowance belongs to the Gity and must be approved in writing, in
advance, by:,thg Project Go:ordinator. Unused portions will not be paid to the Consultant.
,FL
103
SCHEDULE C
HOURLY BILLING RATE SGHEDULE
ll4l''ilii
iL
104
SCHEDULE D
COSTRUCTION COST BUDGET
iil.]titl:
105
SCHEDULE E
PROJECT SCHEDULE
-l;:ia:t.:-
=
ri'
106
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
"t
107
SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
'\rrrtlii
:.:...=
108
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
n
r
,i.1,1,,.,
;i.i
109
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110
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO TNVTTATTON TO BtD (tTB) NO.
2015.191.YG FOR SOUTH POINTE WATER FEATURE REMEDIATION.
Advisory Board Recommendation:
Financial !nformation :
Amount Account
1 $ 1,822,750.00 389-2943-067-3s7
2 $ 315,000.00 301 -2943-069-357
OBP!Total $ 2,137,750.00
Financial lmoact Summarv:
Build and Maintain lnfrastructure with Full Accountabili
Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation :
The City is seeking to remediate the existing water feature, located at the south terminus of Washington
Avenue, which was built as a part of the South Pointe Park Project. Shortly after Substantial Completion of
the project in 2009, the Department of Health (DOH) issued a Stop Work Order due to several potential code
violations and the absence of a DOH permit to operate, concluding that this water feature was incorrectly
permitted as an interactive water feature. ln 2012 the City of Miami Beach (City) evaluated several
remediation alternatives and chose to reconstruct the plaza and incorporate the water fountains and water
cannons into a non-interactive environment that would still maintain the original design aesthetic and the
same amenity for users of the park. The new design includes modifications to meet prior code issues. The
existing water cannons will be repurposed as misting stations and the at-grade fountains have been
converted to elevated tension edge water features. Portions of the existing mechanical systems will be
reused and others will be replaced with new equipment. The existing paver plaza will be replaced and the
landscaped areas will be enhanced.
The scope of work under this ITB consists of construction and remediation of the South Pointe Park Water
Feature and Plaza to include all materials, labor, and equipment to successfully perform and schedule the
work, as per contract documents. The Work includes, but is not limited to, the following: Replacement of
water features, repurposing of water cannons, reuse and replacement of electrical, mechanical and plumbing
systems, replacement and enhancement of landscaping, replacement of paver plaza with new surface
materials, lighting, new fire truck access route, replacement of signage, furniture, irrigation system, storm
drainage system and all necessary structural, electrical and mechanical infrastructure as approved byall the
parties having jurisdiction.
ITB No. 2015-191-YG, was issued on July 8th, 2015, with a bid opening date of September 16th, 2015. Four
(4) addenda were issued. The Procurement Department issued bid notices to 660 companies utilizing
www.publiourchase.com website. 97 prospective bidders accessed the advertised solicitation. The notices
resulted in the receipt of five (5) responses from FHP Tectonics Corp., Solo Construction & Engineering Co.,
West Construction lnc., AARYA Construction & Design lnc., and MCM Corp. See tabulation sheet (Appendix
A).
The City Manager has considered the bids received, pursuant to ITB 2015-191-YG, and recommends that
the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to FHP
Tectonics, Corp., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and
City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-191-YG,
for South Pointe Water Feature Remediation.
TB 201 5-1 91-YG South Pointe Water Feature Remediation -
AGENDA ITEM
DATE
cea
/0-lHdMIAMIBEACH111
MIAMI BEACH
6ity of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 141h, 2015
of City Co rssron
2015.191.YG FOR SOUTH POINTE WATER
SUBIECT:REQUEST FOR APPROVAL AWARD A CONTRACT PURSUANT TO
INVITATTON TO BrD (rrB) NO.
FEATURE REMEDIATION.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure with Full Accountability
FUNDING
The funding for this project is as follows:
389-2943-067-357
301-2943-069-357
Total Bid Amount:
Amount $1,822,750.00
$__315-000-00
$ 2,137,750.00
BACKGROUND INFORMATION
The City is seeking to remediate the existing waterfeature, located at the south terminus of
Washington Avenue, which was built as a part of the South Pointe Park Project. Shortly after
Substantial Completion of the project in 2009, the Department of Health (DOH) issued a
Stop Work Order due to several potential code violations and the absence of a DOH permit
to operate, concluding that this water feature was incorrectly permitted as an interactive
water feature. ln 2012 the City of Miami Beach (City) evaluated several remediation
alternatives and chose to reconstruct the plaza and incorporate the water fountains and
water cannons into a non-interactive environment that would still maintain the original design
aesthetic and the same amenity for users of the park. The new design includes
modifications to meet prior code issues. The existing water cannons will be repurposed as
misting stations and the at-grade fountains have been converted to elevated tension edge
waterfeatures. Portions of the existing mechanical systems will be reused and others will be
replaced with new equipment. The existing paver plaza will be replaced and the landscaped
areas will be enhanced.
The scope of work under this ITB consists of construction and remediation of the South
Pointe Park Water Feature and Plaza to include all materials, labor, and equipment to
successfully perform and schedule the work, as percontractdocuments. The Work includes,
but is not limited to, the following: Replacement of water features, repurposing of water
cannons, reuse and replacement of electrical, mechanical and plumbing systems,
replacement and enhancement of landscaping, replacement of paver plaza with new surface
materials, lighting, new fire truck access route, replacement of signage, furniture, irrigation
system, storm drainage system and all necessary structural, electrical and mechanical
infrastructure as approved by all the parties having jurisdiction.
112
Commission Memorandum
ITB 201 5-1 91-YG South Pointe Water Feature Remediation
october 14th,2015t.; : -. 12
ITB PROCESS
ITB Nlo. 2OtS-191-YG, was issued on July 8th, 2015, with a bid opening date of September
161h,2015. Four(4) addenda were issued. The Procurement Department issued bid notices
to 660 companies utilizing vwwv.publipurchase.com website. 97 prospective bidders
accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses
from FHP Tectonics Corp., Solo Construction & Engineering Co., West Construction lnc.,
AARYA Construction & Design lnc., and MCM Corp. See tabulation sheet (Appendix A).
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award. ln its due diligence, the
Procurement Department verified that the low bidder, FHP Tectonics, Corp. has met the
requirements of the lTB, including:
1. Licensing Requirements: Bidder shall be State of Florida certified and licensed
General Contractor to be considered for award and submit evidence of licensing
with their bid.
FHP Tectonics, Corp. is a State certified as a General Contractor. State license
number is: CGC1518886 and expires on August 31 , 2016.
2. Previous Experience: Bidders shall submit at least three (3) individual references
exemplifying their experience for proiects similar in scope and complexitv
involvinq remediation and construction of water fountains/water features.
References must include projects completed or in progress within the last five (5)
years. The required previous experience indicated here can be a combined
experience of the Bidder and the Team.
FHP Tectonics, Corp. submitted three (3) individual references which
demonstrate their experience in projects similar in scope and volume to the work
indicated in the lTB.
3. Bidder must have the capability to provide a performance and payment bond forthe
project. The City reserves the right to require performance and payment bonds from
the successful bidder. Bidders shal! submit a Letter from an A-rated Financial
Class V Surety Company, indicating the company's bonding capacity, in the
amount not less than one hundred percent of the total base bid amount.
FHP Tectonics, Corp., bid response was accompanied by a bonding capacity
letter from Continental Casualty Company, dated August 241h, 2015. The
capacity letter indicated that FHP Tectonics, Corp. has been extended a bonding
facility, which has supported individual projects up to $250,000,000.00 and an
aggregate work program in the $1,000,000,000.00 range. Additionally, FHP
Tectonics, Corp. currently has in excess of $500,000,000.00 in available bond
capacity. Continental Casualty Company is rated A XV by AM Best.
4. Financia! Stability and Strength: The Bidder must be able to demonstrate a good
record of performance and have sufflcient financial resources to ensure that they can
satisfactorily provide the goods and/or services required herein.
FHP Tectonics, Corp. has a good record of performance and has the financial
resources to ensure that they can satisfactorily provide the goods and/or services
required in the lTB. Their latest Supplier Qualifier Report from Dun & Bradstreet
113
Commission Memorandum
ITB 2015-191-YG South Pointe Water Feature Remediation
October 14th, 201 5:.1.r: l3
indicates that they have a Supplier Evaluation Risk (SER) rating of 5 out of 9.
The lower the score, the lower the risk.
Accordingly, FHP Tectonics, Corp., has been deemed the lowest responsive and
responsible bidde(s) meeting all terms, conditions, and specifications of the lTB.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Managerhas considered the bids received, pursuantto ITB 2015-191-YG, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to FHP Tectonics, Corp., the lowest responsive, responsible
bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2015-191-YG, for the 7th Street Parking Garage Renovation.
JLM/MT/DM/AD
T:\AGENDA\2015\Apr||\PROCUREMENT\ITB 2015-191-YG 7th Street Parking Garage Renovation - Memo.doc
114
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115
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116
Condensed Title:
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO ROBERTSON INDUSTRIES, INC., AS THE
PRIMARY VENDOR FOR GROUP I, AND LEADEX CORPORATION, AS SECONDARY VENDOR FOR
GROUP I, AND METRO EXPRESS, INC., AS THE PRIMARYVENDOR FOR GROUP II, AND LEADEX
CORPORATION, AS SECONDARY VENDOR FOR GROUP II , PURSUANT TO INVITATION TO BID
(lTB) NO. 2015-137-AK, FOR POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED
AGGREGATE FOR LANDSCAPED AREAS.
COMMISSION ITEM SUMMARY
Item S
Poured-in-Place rubber surfaces for playgrounds offer play surfaces that are durable, water permeable and
promote a safe environment. Bonded aggregate surfaces for landscape areas promote an aesthetically
pleasing environment that allows the surfaces, typically in pedestrian areas, to adjust to landscape growth
while minimizing safety issues. These surfaces are often required by the Greenspace Management
Division and/or, the Parks and Recreation Department. With the goal of securing contracts for contractors
to install and repair these surfaces, the City issued lnvitation to Bid No. 2015-137-AK (the "Bid")
The Bid was issued on June 4,2015, with opening date of July 20,2015. Four (4) bids were received from:
Bliss Products and Services, lnc., Leadex Corporation, Metro Express, lnc., Robertson lndustries, lnc.
However, the bid from Bliss Products and Services, lnc., failed to submit (after several attempts by the
City) to submit the required Dun & Bradstreet Supplier Qualifier Report, and was, therefore, deemed non-
responsive.
After review of bids received, the Administration is recommending award to a primary, and secondary
vendor by group (in the event that primary is unable to perform) as follows (tabulation attached):
Group | - Poured-in-Place Surfaceso Robertson lndustries, lnc., as the primary lowest responsive vendor, andr Leadex Corporation, as secondary lowest responsive vendor.
Group ll - Bonded Aqqreqate Surfaceso Metro Express as the primary lowest responsive vendor, and. Leadex Corporation as secondary lowest responsive vendor
The successful bidders' contracts shall be executed for a period of three (3) years, and may be renewed at
the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms.
The City Manager has considered staffs recommendation and the bids received, pursuant to ITB 2015-
137-AK, and recommends thatthe Mayor, and CityCommission of the Cityof Miami Beach, Florida,
approve the award of a contract to Robertson lndustries, lnc", as the primary lowest responsive vendor,
and l.eadex Cr-rrporation, as secondary lowest responsive vendor, in Group l, and Metro Express, as the
primary lowest responsive vendor, and Leadex Corporation, as secondary lowest responsive vendor, in
Group ll; and further authorize the Mayor and City Clerk to execute the contract(s).
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-137-AK
for Pour-in-Place Pl Surfaces and Bonded for Landscaoed Areas
lntended Outcome
lnstallation and replacement services for pour-in-place and bonded aggregate surfacing.
Ensure safety and appearance of citwide structures and sites.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
AAIAMIAHACH AGE}{DA IIEM CAC
*or* /oy'l-({117
Financial lnformation: Expenditures incurred by the City are billed to the respective property owner and
fundinq av is based on of these exoenses.
Clerk's Office slative Tr
REMENT\ITB-2o1 5.1 37-AK and bonded
Source of
Funds:Parks and Recreation Department 379-281 1 -069357
Parks and Recreation
$10,000.00 01 1 -0950-000342
$68,875.00 1 68-9966-00031 2
Restorative Tree Well Treatment - 2C 307-2970-069357
Restorative Tree Well Treatment - PH 3 $145,000.00 379-2734-069357
Restorative Tree Well Treatment - PH 3
Restorative Tree Well Treatment - PH 3 $616.91 1 .00
389-2734-069357Restorative Tree Well Treatment - PH 3
Restorative Tree Well Treatment - PH 3 $12,000.00 389-2734-061357
Restorative Tree Well Treatment - PH 3
Restorative Tree Well Treatment - PH 4 $627.000.00
Restorative Tree WellTreatment -PH 4
$444,000.00Restorative Tree WetlTreatment - PH 5
Restorative Tree WellTreatment - PH 5
$184,534.00Restorative Tree WellTreatment - PH 6 389-2705-067357
Financial lmpact Summary: Funding for future years beyond FY2016 will be contingent on approval of
future vear budqets. Allfunds would have been for the described scope of work.
Alex Denis. Director Ext # 6641
118
& ri i,'*,,,fu ..'t i ffi ffi A fl* L$t\"/\':,,*ui\i1,*"$$ Fs4&q t I
City of Miami Beach, 1700 Convention Center Drive,
www.miamibeachfl.gov
Miami Beach, Florida 33139,
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: REQUEST FOR APPROVAU TO AWARD CONTRACTS TO
ROBERTSON INDUSTRIES, INC., AS THE PRIMARY VENDOR FOR
GROUP I, AND LEADEX CORPORATION, AS SECONDARY
VENDOR FOR GROUP I, AND METRO EXPRESS, INC., AS THE
PRIMARY VENDOR FOR GROUP II, AND LEADEX CORPORATION,
AS SECONDARY VENDOR FOR GROUP II , PURSUANT TO
tNVtTATtON TO BID (rTB) NO. 201s-137-AK, FOR POUR-IN-PLACE
PLAYGROUND SURFACES AND BONDED AGGREGATE FOR
LANDSCAPED AREAS.
ADM INISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Ensure safety and appearance of pour-in-place surfaces and bonded aggregate.
FUNDING
Desc Amount Account
Parks and Recreation Deoartment $50,000.00 379-2811-069357
Parks and Recreation Deoartment $40,000.00 01 1 -0950-000349
Parks and Recreation Deoartment $10,000.00 01 1 -0950-000342
Greenspace Management Division RDA
Budqet
$68,875.00 1 68-9966-00031 2
Restorative Tree Wel Treatment - 2C $85,432.00 307-2970-069357
Restorative Tree Wel Treatment - PH 3 $145,000.00 379-2734-069357
Restorative Tree Wel Treatment - PH 3 $67,000.00 305-2976-000356
Restorative Tree Wel Treatment - PH 3 $616,91 1 .00 305-2976-069357
Restorative Tree Wel Treatment - PH 3 $473,000.00 389-2734-069357
Restorative Tree Wel Treatment - PH 3 $12,000.00 389-2734-061357
Restorative Tree Wel Treatment - PH 3 $62,000.00 389-2734-069358
Restorative Tree Wel Treatment - PH 4 $627,000.00 305-2736-069357
Restorative Tree Wel Treatment - PH 4 $63,000.00 305-2736-069358
Restorative Tree Wel Treatment - PH 5 $444,000.00 306-2806-069357
Restorative Tree Wel Treatment - PH 5 $45,000.00 306-2806-069358
Restorative Tree Wel Treatment - PH 6 $184,534.00 389-2705-067357
119
3
rTB 2015-137-AK
Pour-in-Place and Bonded Aggregate Surfaces for Playgrounds and Landscape Areas.
ln its due diligence, the Procurement Department verified the following:
1. Minimum Requirements: Prospective bidders must be licensed as General
Contractor in the State of Florida.
2. Previous Experience: Proposer must provide services to a minimum of three
(3) public or private sector in the last five (5) years similar in scope to this lTB.
Robertson lndustries, lnc., Leadex Corporation, and Metro Express, lnc., met
minimum eligibility requirements set for this solicitation.
CITY MANAGER'S REVIEW AND RECOMMENDATION
Based on the types of the service necessary, and in effort to expedite the pour-in-
place, and bonded aggregate services, it is in the City's best interest to award
contract to primary and secondary vendor by group. The City Manager has
considered the bids received, pursuant to ITB 2015-137-AK, and recommends that
the Mayor, and City Commission of the City of Miami Beach, Florida, approve the
award of a contract to Robertson lndustries, lnc., as the primary lowest responsive
vendor, and Leadex Corporation, as secondary lowest responsive vendor, in Groupl, and Metro Express, as the primary lowest responsive vendor, and Leadex
Corporation, as secondary lowest responsive vendor, in Group ll; and further
authorize the Mayor and City Clerk to execute the contract(s).
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida approve the City Manager's recommendation pertaining to the
bids received, pursuant to ITB 2015-137-AK for Pour-in-Place Playground Surfaces
and Bonded Aggregate for Landscaped Areas.
AD/K;'M,,
r:r,ncf,!oni201S\octobe^PROCUREMENT\lTB-2015 -137-AK Pour-in-place and bonded aggregate Memo.doc
120
2
tTB 2015-137-AK
Pour-in-Place and Bonded Aggregate Surfaces for Playgrounds and Landscape Areas
BACKGROUND
Poured-in-Place rubber surfaces for playgrounds offer play surfaces that are
durable, water permeable and promote a safe environment. Bonded aggregate
surfaces for landscape areas promote an aesthetically pleasing environment that
allows the surfaces, typically in pedestrian areas, to adjust to landscape groMh
while minimizing safety issues. These surfaces are often required by the
Greenspace Management Division and/or, the Parks and Recreation Department.
With the goal of securing contracts for contractors to install and repair these
surfaces, the City issued lnvitation to Bid No. 2015-137-AK (the "Bid")
The successful bidders' contracts shall be executed for a period of three (3) years,
and may be renewed at the sole discretion of the City, through its City Manager, for
two (2) additional one (1) year terms.
BID PROCESS
The Bid was issued on June 4, 2015, with opening date of July 20, 2015. 129 bid
notices were issued through the PublicPurchase system, and another 16 through the
Procurement Department. 26 vendors downloaded the bid documents from
PublicPurchase. Four (4) bids were received from: Bliss Products and Services,
lnc., Leadex Corporation, Metro Express, lnc., Robertson lndustries, lnc. Proposal
from Bliss Products and Services, lnc., failed to submit (after several attempts by the
City) to submit the required Dun & Bradstreet Supplier Qualifier Report, and was,
therefore, deemed non-responsive.
After review of bids received, the Administration is recommending award to a
primary, and secondary vendor by group (in the event that primary is unable to
perform) as follows (tabulation attached):
Group | - Poured-in-Place Surfaces. Robertson lndustries, lnc., as the primary lowest responsive vendor, and. Leadex Corporation, as secondary lowest responsive vendor.
Group ll - Bonded Aqqregate Surtaceso Metro Express as the primary lowest responsive vendor, and. Leadex Corporation as secondary lowest responsive vendor
The successful bidders' contracts shall be executed for a period of three (3) years,
and may be renewed at the sole discretion of the City, through its City Manager, for
two (2) additional one (1) yearterms. The contracts will offerflexible resources to
ensure that the Parks and Recreation Department and Greenspace Management
Division fulfill their pour-in-place surfacing and bonded aggregate needs in a timely
manner while securing the lowest cost.
121
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THIS PAGE INTENTIONALLY LEFT BLANK
124
G2 - Competitive Bid Reports
C2D Request Approval To lssue lnvitation To Negotiate (lTN) 2015-294-ME To Seek
Proposals From Parties lnterested ln Partnering With The City To Develop Parking
Along The Washington Avenue Corridor.
(ProcuremenVParking)
(ltem to be Submitted in Supplemental)
Aqenda ttem C 2DDateWlf125
THIS PAGE INTENTIONALLY LEFT BLANK
126
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO A QUICK BOARD UP SERVICE, INC.,
AS PRIMARY VENDOR, AND 91 1 RESTORATION, INC., AS SECONDARY VENDOR PURSUANT
TO tNVITATTON TO BrD (rTB) NO. 20'r5-145-AK FOR EMERGENCY BOARD UP AND SECURING
SERVICES.
Key lntended Outcome Supported:
Ensure Safety and Appearance of Building Structures and Sites.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
The purpose of lnvitation to Bid No. 2015-145-AK (the "Bid") is to award contracts for emergency
board-up and securing services that will allow the City to address the safety and security issue of
abandoned buildings, including furnishing all materials, labor, supervision, means of transportation,
permits, licenses, equipment and incidentals necessary for the emergency board-up and securing of
buildings and structures citywide on an as needed basis. These services are often initiated by the
Police Department and/or, the Code Compliance Division of the Building Department.
The Bid was issued on May 5, 2015. 303 bid notices were issued through the PublicPurchase system
and another 24 through the Procurement Division. 34 vendors downloaded the bid documents from
PublicPurchase. On June 19,2015, bids were opened. Four (4) bids were received from: A Quick
Board Up Service, lnc., Sanchez Arango Construction, SGA Management, lnc., and 911 Restoration,
lnc.
After review of bids received, the Administration is recommending award to a primary and secondary
bidder (in the event that primary is unable to perform) as follows: A Quick Board Up Service, lnc, as
the primary lowest responsive bidder and 911 Restoration, lnc., as secondary lowest responsive
bidder. Proposal from SGA Management, lnc. did not meet the minimum requirements, and was
deemed non-responsive. The proposal from Sanchez Arango Construction exceeded budgetary
expectations.
The successful bidders' contracts shall be executed for a period of two (2)years, and may be renewed
at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation pertaining to the bids received, pursuantto ITB
2015-145-AK, for Em Board-uo and Services.
Advisory Board Recommendation:
N/A
Financial lnformation: Expenditures incurred by the City are billed to the respective property owner
and is based on billinq of these
City Clerk's Office Legislative Tracking:
Source of
Funds:
Financial lmpact Summary: Expenditures incurred by the City are billed to the respective property
owner.
De lartment D_irggior Assistant City Manager )ity Manager
AD v7 MFLd/,;d4Lrr MT ST JLM T L
NT\|TB-2O1 5-1 45-AK Board-up Services Summary.doc
\r
Alex Denis, Director Ext # 6641
Sign-Offs
T:
AGENDA ITEM
DATf
czE
/o-ty'tfMIAMIBTACH127
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
COMMISSION MEMORANDUM
IO:Mayor Philip Levine and Members the City
FROM: Jimmy L, Morales, City Manager
DATE: October 14,2015
SUBJECT: REQUEST FOR APPROVAI TO AWARD CONTRACTS TO A QUICK BOARD UP
SERVICE, INC. AS PRIMARY VENDOR, 911 RESTORATION, INC, AS SECONDARY
VENDOR PURSUANT TO TNVTTATTON TO BrD (tTB) 2015.14s-AK FOR EMERGENCY
BOARD.UP AND SECURING SERVICES.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Ensure safety and appearance of building structures and sites.
FUNDING
Fund Name Fund Code Amount
Board uo Services 01 1-1510-000340 $155,000.00
BACKGROUND
The purpose of lnvitation to Bid No. 2015-145-AK (the "Bid") is to award contracts for emergency
board-up and securing services that will allow the City to address the safety and security issue of
abandoned buildings, including furnishing all materials, labor, supervision, means of transportation,
permits, licenses, equipment and incidentals necessary for the emergency board-up and securing of
buildings and structures citywide on an as needed basis, These services are often initiated by the
Police Department and/or, the Code Compliance Division of the Building Department.
The successful bidders' contracts shall be executed for a period of two (2) years, and may be renewed
at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms.
Funding for future years is contingent on approval of future year budgets.
BID PROCESS
The Bid was issued on May 5,2015, with opening date of June 19,2015.
303 bid notices were issued through the PublicPurchase system, and other 24 through the
Procurement Division. 34 vendors downloaded the bid documents from PublicPurchase, Four (4) bids
were received from: A Quick Board Up Service, lnc,, Sanchez Arango Construction, SGA
Management, lnc,, and 911 Restoration, lnc.
After review of bids received, the Administration is recommending award to a primary and secondary
128
bidder (in the event that primary is unable to perform) as follows: A Quick Board Up Service, lnc., as
the primary lowest responsive bidder, and 911 Restoration, lnc., as secondary lowest responsive
bidder. Proposal from SGA Management, lnc, did not meet the minimum requirements, and was
deemed non-responsive. The proposal from Sanchez Arango Construction exceeded budgetary
expectations, (see tabulated results).
The successful bidders' contracts shall be executed for a period of two (2) years, and may be renewed
at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms.
The contracts will offer more flexible resources to ensure that the City Departments fulfill the securlng
and board up needs in a timely manner while always securing the lowest cost.
ln its due diligence, the Procurement Department verified the following:
1. Minimum Requirements: Prospective bidders must be licensed as Building or General
Contractor in the State of Florida or Miami Dade County.
2. Previous Experience: Proposer must provide services to a minimum of three (3) public or
private sector in the last five (5) years similar in scope to this lTB.
A Quick Board Up Service, lnc., 911 Restoration, lnc., and Sanchez Arango Construction met minimum
eligibility requirements set for this solicitation. Proposal from SGA Management, lnc. did not meet the
minimum requirements, therefore was deemed non-responsive.
CITY MANAGER'S REVIEW AND RECOMMENDATION
Based on the types of the service necessary, and in effort to expedite the board-up process, it is in the
City's best interest to award contract to primary and secondary vendor by group. The City Manager has
considered the bids received, pursuant to ITB 2015-145-AK, and recommends that the Mayor and City
Commission of the City of Miami Beach, Florida, approve the award of a contract to A Quick Board Up
Service, lnc., as primary vendor and 911 Restoration, lnc., as secondary vendor, and further authorize
the Mayor and City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB
2015-14s-AKfor Emergency Board-up and Securing Services.
AD/HC/JJ/JM
T:\AGENDA\2015\0ctober\PROCUREMENT\lTB-2015-145-AK Emergency Board-up and Securing Services Memo.doc
129
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130
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR
ROUTINE OPERATIONAL REQUIREMENTS
Clerk's Office lative Track
1 5\October\PROCU REMENT\Contract Options On Contracts For Routine Requirements -
Summary Qct2015.docI
AGEI'lDfi ITEM cetr
Streamline The De Of Services Throuqh All Departments
ng Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation :
As is customary, many of the City's agreements resulting from competitive solicitations include
renewal clauses that allow for the extension of contract terms for a certain number of renewal
periods beyond the original contract term, as may be stipulated in the solicitation or resulting
contract. The renewal periods allow the City to continue to acquire the necessary goods and
services from reputable contractors at prices established through competitive solicitations. ln its
due diligence process for consideration of contract renewal options, the Administration has
considered: cost considerations, including any increases to the CPI-U index by the Bureau of
Labor Statistics indicating changes in the supply market pricing conditions, contractor
performance and risk management considerations (e.9., insurance and bonds, as applicable).
Additionally, the contract renewals are applicable to the contract period only and do not alter
other terms and conditions of the contract or the scope of the procurement. Any changes to the
scope of the original contract shall be presented under a separate item individually or require a
new procurement process altogether.
The purpose of this item is to request authority to renew the competitively solicited contract(s) for
routine operational listed herein which are eligible for renewal. The justification for renewing the
listed contract(s) is included with the contract information.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the extension of
contracts for routine operational requirements, awarded through competitive solicitation, with
Deere Credit, lnc.
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1 See below.See below.
2
3
OBPI Total
Financial lmpact Summary: All expenditures are contingent upon approved budgeted funds
beino available.
MIAMIBHACH affiE lo-/y-l {131
x.** *" "Ir'-
I I,ii!.r:+,t1r'I1 fafl* i^,{ L i*]' r irL'4Lr \ "-
City of Miomi Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDU
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales City Manager
DATE: October 14,2015
SUBJECT: REQUEST APPROVAL EXERCISE TERM RENEWAL OPTIONS ON
CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS
ADMINISTRATION RECOMMENDATION
Approve the recommendation.
BACKGROUND
As is customary, many of the City's agreements resulting from competitive solicitations include renewal
clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the
original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods
allow the City to continue to acquire the necessary goods and services from reputable contractors at
prices established through competitive solicitations. ln its due diligence process for consideration of
contract renewal options, the Administration has considered: cost considerations, including any increases
to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing
conditions, contractor performance and risk management considerations (e.9., insurance and bonds, as
applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter
other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of
the original contract shall be presented under a separate item individually or require a new procurement
process altogether.
The purpose of this item is to request authority to renew the competitively solicited contracts for routine
operational requirements listed herein as stipulated in each contract's solicitation. The justification for
renewing each is included with the contract information.
Renewal Period:
Month to Month
anceEquip_me_p!f"o-J-[he.fi /-!_qmi-B_e-a"c|-1_Gotf C_o-uqge
Brief Scope:
Lease of Golf Course Turf Maintenance Equipment (e.9. golf greens mowing,spraying spreader
: Best lnterest Justification:
: The equipment leased under this agreement is for the maintenance and upkeep of the golf course
I greens. The current lease agreement has an extension provision that allows the City to keep the
: equipment at a payment equivalent to the present monthly lease schedule until such time as the
: equipment is returned to the lessor. Pending resolution on certain leasing concerns being addressed by
: the City, including the responsibility for payment of equipment tax, a new solicitation will be released. lt is
i in the best interest of the City to extend the existing lease agreement on a month to month basis, until a
JLM / JMT/ AD
FIPURC\$ALL\Solicitations\2015U015-201-WG ITB Lease of Turf Equipment for Golf Course\Month to Month Commission Report
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132
C2 - Gompetitive Bid Reports
Request Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) 2016-002-KB
For The Painting And Striping Of Dedicated Bicycle Lanes.
( Procu rem e nUTra ns po rtation )
(ltem to be Submifted in Supplemental)
Agenda ltem C 2G
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c4
COMMISSION COMMITTEE
ASSIGNMENTS
135
MIAMIBEACH
July 23,2014
October 1, 2014
December 10,2014
January 14,2014
City of Miomi Beoch, 'l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
C ISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AMENDING CHAPTER 114 AND CHAPTER 142 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, AND CHAPTER 6 OF
THE CITY CODE, PERTAINING TO ALCOHOLIG BEVERAGE REGULATIONS
ADMINISTRATION RECOMMEN DATION
Refer the proposed Ordinance Amendments to the Planning Board for consideration and
recommendation.
BACKGROUND
July 9, 2014
Mayor Philip Levine and Members o the City
Jimmy L. Morales, City Manager
October 14,2015
The Land Use and Development Committee (LUDC) proposed amendments
to the City Code pertaining to allowable Accessory Uses and Neighborhood
lmpact Establishments as part of a discussion of the following items:
1. Alcoholic Beverage Establishments (Chapter 6);
2. Requirements for determining the size and square footage of
"Accessory Uses" in relation to the main permitted use; and
3. The clarification of threshold standards for Neighborhood lmpact
Establishments.
The Mayor and the City Commission referred to the LUDC (ltem C4K) for
further discussion proposed amendments to the City Code pertaining to the
items listed above.
The LUDC discussed the proposed amendments and continued the item in
order for staff to further refine the legislation.
The LUDC recommended that the Mayor and City Commission refer the
subject Ordinance Amendments to the Planning Board.
The Mayor and the City Commission referred to the Planning Board (ltem
C4H) the proposed amendments to the City Code.
Agenda nem C /A
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Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
October 14,2015 Page 2 o'f 4
February 24, 2014 The Planning Board heard the proposed ordinances and continued the items
to the March 24th meeting.
March 24,2014 The subject Ordinances were updated to reflect the changes recommended
by the Planning Board at the February 24, 2015 Planning Board meeting.
The Planning Board continued the items to the May 26th meeting.
May 26, 2014 The Planning Board continued the items to the July 28, 2015' meeting.
July 8, 2015 At the request of the Mayor and the City Commission, the subject ordinances
were removed from the Planning Board agenda and re-referred to the Land
Use and Development Committee for discussion.
The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff.
On July 29, 2015, the Land Use Committee discussed the item and considered two (2) revised
versions:
"Option A": Clarifies and adds definitions in Chapter 114, consolidates the code language
pertaining to alcoholic beverage establishments into Chapter 6, clarifies language used in
Chapters 6 and 142 in regards to accessory uses and Neighborhood lmpact Establishment
thresholds, updates the code to align it with current State statues and adds new
neighborhood compatibility requirements.
"Option B": New language pertaining to hours of operation for alcoholic beverage
establishment South of Fifth Street.
After discussing the item, the Land Use Committee recommended that Option "8" be removed from
consideration and that Option "A", as slightly modified, be referred to the Planning Board.
ANALYSIS
Below is a summary of the proposed changes within the attached Ordinances separated by
Chapters:
Chapter 6, Alcoholic Beverages.
1. Consolidating all alcoholic beverage regulations into one chapter, instead of having
alcoholic beverage regulations scattered throughout the zoning code;
2. Updating language so that it coordinates with current State Statute and does not contradict
current state statutes regarding alcoholic beverage regulations, minimum distance
separations from schools, minimum hotel rooms, and language changes such as the term
Business Tax Receipt instead of occupational license;
3. Regulating the hours of sales of alcohol for off-premises package sales and consumption
for restaurants to the same hours as other retail package sales establishments;
4. Adding neighborhood compatibility requirements for all alcoholic beverage establishments,
instead of only having extra requirements for projects that go before a land use board;
5. Defining terms used in Chapter 6 that help interpreting existing and proposed provisions of
the code; and
6. Allowing supermarkets to have wine tastings without restricting the age to 21 years old for
the entire premises.
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Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
October 14,2015 Page 3 of 4
Chapter 1 I 4, Definitions.
1. Adding an "interpretation of terms or words section";
2. Clarifying the definition of apartment-hotels that are allowable in some residential zoning
districts;
3. Defining terms used in the existing code and the changes proposed in Chapter 6 and
Chapter 142 above;
Removing dated terminology not used in the code any longer;
Defining types of uses that are frequently used during the Certificate of Use (CU) process
when an establishment is receiving a Business Tax Receipt (BTR) and aligning the terms
used in the process with the terms used in the code, such as retail, hall for hire, personal
service uses, food service establishments, offices, and medical offices, etc;
Defining words that are often used in final orders when an establishment is receiving a
CUP, but that are not otherwise used in the code, to give direction to staff when enforcing
the provisions of the final orders;
Clarifying that disc jockey (DJ) falls under the definition of entertainment; and
Defining hall for hire, place of assembly, and supper club.
Chapter 142, Zoning Districts and Regulations.
1. Adding when applicable alcoholic beverage establishment uses into the use sections for the
individual zoning districts, instead of having a list in a separate section in Article V,
Specialized Use Regulations, Division 4, Alcoholic Beverages;
Making off-premises package sales a prohibited use in residential zoning districts that allow
retail accessory uses (RM-2 an RM-3 zoning districts);
Using the term "entertainment establishment" whenever the term "dance hall" is used,
because in practice there cannot be a dance hall without entertainment. The reasoning
behind retaining dance hall is because the term entertainment was added at a later date
and there are past variances that would be effected. lt appears to be an oversight that the
term entertainment establishment was not added to the code in every place that mentioned
dance hall previously, such as the CD-3 zoning district on Lincoln Road;
Removing references to hours, location and size restrictions for alcoholic beverage
establishments from the zoning districts, as they were added in Chapter 6.
Adding a defined threshold for accessory uses based on a percentage of the floor area of
the main use, instead of having a more subjective determination left to the discretion of the
Planning Director. This largely impacts residential districts that allow hotels, but do not
allow stand-alone restaurant and bars, by setting definable standards that regulate the size
of accessory restaurant and bar uses;
Making outdoor, unenclosed or uncovered accessory uses a Conditional Use in RM-2
zoning districts;
Defining the type of accessory uses allowed in hotels and residential buildings in residential
districts, instead of having the determination of what is "customary" left to the discretion of
the Planning Director;
Changing the thresholds for neighborhood impact establishments to a clear and definable
square footage threshold established on the objective standard of overall size of the
establishment, instead of the occupant content. The current use of occupant contents as a
threshold can easily be manipulated by removing furniture, mislabeling areas on floor plans,
or excluding outdoor areas. The use of a square footage value will also cut down on last
minute struggles to fill space with planters and large furniture, when the occupant content
issued by the Fire Department is over what the original projections of the design
professional's drawings that were provided to the Planning Department;
Clarifying the criteria to be used when there are multiple neighborhood impact
establishments, alcoholic beverage establishments and/or entertainment establishments on
4.
5.
7.
8.
6.
2.
3.
4.
5.
6.
7.
9.
138
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
October 14, 2015 Page 4 ot 4
one property or building site;
10. Creating a waiver for NIE's in the Convention Center zoning district (CCC) to mirror the
language in Government Use (GU) districts;
11. Adding language that gives clear direction as to when an NlE, outdoor entertainment
establishment, open air entertainment, and after-hours dance hall have lost their non-
conforming status.
A draft of the proposed changes and new definitions for Chapter 6, Chapter 114, and Chapter 142
are attached. ln each Ordinance, a modified applicability provision is also recommended.
Specifically, these Ordinances would not apply to an application filed for Land Use Board Approval
with the Planning Department on or before that date in which the Planning Board transmits the
Ordinances to the City Commission.
SUMMARY/UPDATE
On September 2, 2015, the item was pulled from the Consent Agenda and discussed on the floor.
Concerns were expressed regarding the size and details of the Ordinances and the matter was
continued to the October 14,2015 City Commission meeting, in order to give the members of the
Commission additional time to review and study the legislation before actually referring it to the
Planning Board.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendments to the Planning Board.
9tr 4t^
JLM/ST/TRM
T:\AGENDAVO1S\October\PlxNNING\Referral to Planning Board - Alcohol Regulations MEMO.docx
139
CHAPTER 6 - ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A . GENERAL
ORDINANCES, CHAPTER 6 "ALGOHOLIC BEVERAGES" OF THE GODE OF
THE CITY OF MIAMI BEACH, AMENDING SUBPART B . LAND
DEVELOPMENT REGULATIONS CHAPTER 142 ARTICLE II. . DISTRICT
REGULATIONS, DIVISION 20. . TG NORTH BEACH TOWN CENTER
DISTRIGTS, ARTICLE V. . ARTICLE V. . SPECIALIZED USE REGULATIONS
DIVISION 4. ALCOHOLIC BEVERAGES TO ENSURE THAT ALL
REGULATIONS RELATING TO ALGOHOL REGULATION ARE IN ONE
LOCATION; REMOVING ALL REGULATION OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM CHAPTER 142 AND PLACING THOSE
PROVISIONS lN CHAPTER 6; PROVIDING FOR DEFINITIONS; HOURS OF
OPERATION; DISTANCE SEPARATION; MINIMUM SEATS AND HOTEL
ROOMS; PROVIDING FOR NEIGHBORHOOD COMPATIBILITY CRITERIA;
PROVIDING FOR ENHANGED SECURITY PROVISIONS FOR CERTAIN
DISTRIGTS WITH ALCOHOL ESTABLISHMENT USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic
Beverages," and in Chapter 142 entitled "Zoning District Regulations"; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear
and concise and in one location of the code that is logical and convenient to user; and,
WHEREAS, the amendment set forth below is necessary to accomplish the
objectives identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 6, "Alcoholic Beverages" is amended, as follows:
Section 6-1. Purpose.
To achieve the purposes of this Chapter and to provide for the general welfare and safety of the
public, it is necessary that regulations be established relating to the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages.
Section 6-2. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a license from
the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business
And Professional Regulation-ef+he+ta+e ("State License"). A service charge as specified in
Appendix A shall be paid by an applicant requesting the review of an application to the state
for an e{€ehe+i€+everage State llicense. The purpose of this charge is to defray the cost to
the City for the verifieatien ef a eerreetpreximi@ipand/er seheels review of the regulations enumerated in herein
140
Chapter 6, ieR and any other zoning inspection
and/or review that may be applicable to the review of such an application.
(b) Censideratien ef a reguest fer a private elub Cenditienal Use permit; ineluding the heurs ef
ines_as
Sec. 6-3. Hours of Sale@lg!!q.
(a) The hours of sale of alcoholic beverages. whether as a perm in or accessorv use,
shall require a State License, and shall be according to the following schedule, except as
may be othenrise provided pursuant to subsection (7) (Q):
(1) Retail stores for package sales only - off premises consum
. Vendors having a lieense frem the state Divisien ef
in may
make sales of alcohol onlv for off premises consumption between the hours of 8:00 a.m.
andmidnight@.
(2) Retail stores, including grocery, --and-convenience stores, and gasoline
service/filling stations. either as permitted main er aeeessery uses; which primarily offer
for sale products other than alcoholic beverages may make sales of beer and wine only
for off premises consumption -sealed-eeRtainers-between the hours of 8:00 a.m. and
midnight@.
(3) All alcoholic beveraqe establishments with state licensure lieensed-as-aleehelie
-on premise consumption only, ei+her
ises
in mav make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m. en any day ef the week,
a. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholicbeverageestablishments@,butnotoperatingas
dance halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcohoIicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing and
entertainmentshall not be conducted between the hours of 5:00 a.m. and 10:00
a.m.
c'otheralcoholicbeverageestablishments@,not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and_{<eep
remain closed- ailsureny No patron or other
persons, other than those employed by the vendor Eey;-{e-remain on the
premises therein-between the hours of 5:00 a.m. and 8:00 a.m.
141
state-eeCe+
(4) Off-premises package sales associated with alcoholic beveraqe establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and 1{S
p,m- midnioht. fer all establishments lieensed a+aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit. includino the
hours of operation, shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq.
er aeeessery use' shall be eensidered pursuant te subseetien 6 2(a), Hours of operation
and the consumption of alcoholic beverages will be considered between the hours of
8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to
members and guests of members as provided under the +urs+*ant-{e Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall pu+ehase+
provideforsecurityinitspremisesbyhiringprivate
security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m.
each day. Private clubs securing a State tlicense frem the state Divisien ef aleehelie
@bycomplyingwiththerequirementsofFlorida'Statute's561.20
for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unlesssuchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
the City may initiate preeeedings te reveke the Certifieate ef Use, eeeupatienal lieense er
Certifieate ef eeeupaney ef the vielater, ln additien; this seetien may be enfereed and
vielatiens may be punished as seeend degree misdemeaners, as previded in F,S, $S
775,Q82 and775,083,
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the City
Commission or as may be designated by the City Manager following approval by the City
Commission, under the following conditions:
a. The police department and the code compliance Division of the City must
be notified by a letter, received no later than 15 business days prior to either (a)
January 1 or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for
on-premises consumption until 7:00 a.m.;b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;
142
c. There are no pending City Code violations against the alcoholic beverage
establishment;d. No delinquent or past due monies are owed to the City;e. Outdoor entertainment or open-air entertainment is not allowed;f. No violation of the City's noise ordinance shall be permitted;g. No violation of the approved fire code occupancy load shall be permitted;h. All required City permits and licenses are current;i. The State ef Flerida aleehelie beverage llicense is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, orwelfare.
A Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of
daylight savings time in the spring.
(8) Alcoholic beveraqe establishments located in the North Beach Town Center €nd
shall not offer for sale the on-premises consumption of alcoholic beveraqes within the
areas and durino the hours listed hereinafter unless a Conditional Use is obtained
pursuant to the section 1 18-191 . et seq.:
a. ln the TC-1 district, anv accessorv outdoor bar counters shall not be
operated or utilized between midnioht and 8:00 a.m.. however, accessorv
outdoor bar counters located on a oropertv within 100 feet of a propertv with a
residential unit mav not be operated or utilized between 8:00 p.m. and 8:00 a.m.
However. outdoor restaurant seatinq. not exceedino 40 seats, associated with
indoor venues mav be permitted in anv open area above the oround floor until
8:00 p.m. with no backoround music (amplified or nonamplified).
b. ln the TC-3 (c) district. anv alcoholic beveraoe establishment shall be
limited to beer and wine and close no later than 4? midnioht. subiect to limitations
established in the Conditional Use Process.
(9) The Citv Manaqer mav suspend the orovisions of subsection (6) at anv time to
protect the public health, safetv. or welfare.
(b) ViolafionVSpecral Masfer. Upon a findinq bv the special master that a violation of this
section has occurred, the Citv mav initiate proceedinos to revoke the Certificate of Use,
Business Tax Receipt. or Certificate of Occupancv of the violator. ln addition. this section
mav be enforced and violations mav be punished as second deqree misdemeanors. as
provided in Florida Statutes $S 775.082 and 775.083.
Section 6-4. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:
(1) Educational facilities. No alcoholic beverage shall be seld er effered fer
eensumptien establishment. includino bottle clubs, shall be located in+eemmerdal{sq
within 30O 500 feet of any property used as a public or private school eperated fer the
instruetien ef miners in the eemmen branehes ef learning, Exeept fer uses in the eivie
143
(b)
,n+
provided. however. for the followino exceptions.
a. Civic and Convention Center (CCC) district;b. Hospital (HD) district: andc. Within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a eemmereial use; exeept in restaurants fer eensumptien en the
pr€pnr€esr in a alcoholic beveraoe establishment. includino bottle clubs. within 300 feet of
any property used as a place of worship. except in restaurants operatinq with full
kitchens and servinq full meals for consumption on the premises.
(5) Filling station. No liquor as defined bv Florida Statute $ 568.01 shall be sold or
offered for consumption on or off the premises of any filling station.
(8) Beffle e/sbs, There shall be ne betth elubs within 300 feet ef any preperty us€d
tP=
Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. ln cases where a minimum distance is required between
two uses associated with the alcoholic beverages for consumption on or off the premises
other than a public or private school, the minimum requirement shall be determined by
measuring a straight line between the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a registered
land surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning enc+ening
director that the minimum distance separation has been met.
Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 118-351, et seq.
Sec. 6-5. Patron age restrictions.
(a) lt shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defined in
section 114-1 of this Code, except as hereinafter provided. This restriction shall not
apply to:
(1) Persons employed by or at the alcoholic beverage establishments;
(c)
144
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent) or legal guardian (appointed by a court);
(3) Alcoholic beverage establishments also licensed and operating as restaurants,
containing a full kitchen of appropriate size to serve the occupancy load of the
establishment, serving full meals at all times. ln the case of hotels. supermarkets. and
other similar multiuse establishments, this restriction applies only to those areas of the
establishment operating primarily as an alcoholic beverage establishment, and not
also operating as a restaurant as-deseribed-abeve; and
(4) Alcoholic beverage establishments also licensed and operating as motion
picture theaters, subject to compliance with subsection 6-4(a)(4).
(5) Supermarkets conductino wine tastinqs upon a premises authorized to sell
beer and wine bv packaoe or for consumption on premises. provided that the conduct
of the wine tastinq shall be limited to and directed toward the oeneral public of the aqe
of leoal consumption.
Section 6-6. Minimum seats and hote! room requirements:
Vendors shall be permitted to sell alcoholic beveraoes within zoninq districts if such district
permits as a permitted main use or accessorv use one of the followino: Restaurant, bar.
alcoholic beveraqe establishment, outdoor cafe, private club. hall for hire or qolf clubhouse
pursuant to the followino standards:
(lJ Permitted main uses:
a. Restaurants, alcoholic beveraoe establishments. and private clubs shall
be permitted to sell alcoholic beveraqes for consumption on the premises based
upon the followinq. when beer and wine are served a minimum of 30 seats shall
be provided: and when. beer. wine and liquor are served, a minimum of 60 seats
shall be provided.
b. Outdoor cafes. when visible from or facino a public street and associated
with (a) above, shall have a minimum of 20 seats in order to be permitted to sell
alcoholic beveraoes for consumption on the premises.
c. Outdoor cafes. when not visible from or on a public street. allev. or wav,
and associated with (a) above. shall have no minimum seatino requirement and
shall be permitted to sell alcoholic beveraqes onlv for consumption on the
premises.
d. Golf clubhouse located on a oolf course shall be permitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels, apartment-hotels, or apartments. when oermitted under
Chapter 142, shall be permitted to have accessorv uses on site. which sell alcoholic
beveraoes pursuant to the followino minimum standards:
145
a. Restaurants, alcoholic beveraqe establishments, and private clubs shall
be permitted to sell alcoholic beveraqes for consumption on the premises based
upon the followino, when beer and wine are served a minimum of 30 seats shall
be provided: and when, beer, wine and liquor are served, a minimum of 40 seats
shall be provided.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are permitted to sell alcoholic beveraoes for consumption onlv on the
premises.
c. Outdoor cafes when not visible from a public street, allev. or wav. shall
have no minimum seatino requirement and shall be permitted to sell alcoholic
beveraoes onlv for consumption on the premises.
d. Golf clubhouse: when located on a oolf course. the sale of alcoholic
beveraoes is permitted onlv for consumption on the premises.
e. Hotels, when requestinq a "S" Class State License shall be required to
demonstrate that thev complv with all applicable Florida Statutes.
IO Variance requests from subsections (1) and (2) above shall not be permitted to
exceed 30% of the required number of seats.
Section 6-7. Exemptions.(a) Notwithstandino anv other provision of this Chapter. the sale of beer for off-premises
consumption bv a vendor licensed bv the State shall be exempt from the reoulations in Section
6-4. and Section 6-6. However, the sale bv such vendor of alcoholic beveraoes other than beer
and of beer for on-premises consumption shall be conducted in accordance with the provisions
of Section 6-6.
(b) Nothinq herein shall be construed to restrict sales of alcoholic beveraoes in the Civic and
Convention Center District or Government Use Districts.
Section 6-8. Neiqhborhood Compatibilitv Requirements.
Under the provisions of this Chapter. a new Certificate of Use and/or Business Tax Receipt shall
not be issued for arly alcoholic beveraoe establishment. without submittino evidence of
complvinq with the followinq requirements:
(1) All alcoholic beveraoe establishments shall have a litter abatement program,
certified bv the Division of Sanitation. Such proqram shall include the followinq items:
a. All trash receptacles, excludino dumpsters, shall be located inside of a
structure and shall be placed in the public riqht-of-wav on pick-up davs onlv;
b. All qarbaoe pickups and service deliveries shall not take olace between 5
p.m. and 8 a.m.:
c. All litter shall be cleared from the site. the adiacent public rioht-of-wav and
anv accessorv parkinq lot on a dailv basis:
146
d. The establishment shall sweep the public riohfof-wav adiacent to the
petitioned site and anv accessorv parkino lot dailv and shall clean such public
riqht-of-wav with a oressure washinq hose a minimum of once per week.
(2) The establishment shall screen anv dumpster used in coniunction with site. which
is visible from the public rioht-of-wav or parkino area with a six-foot opaque fence with
oates. No dumpster is permitted to be placed within the public rioht-of-wav.
(3) Equipment and supplies shall not be stored in areas visible from adiacent streets,
allevs or nearbv buildinqs.
(4) lf installinq a kitchen. the establishment shall install an exhaust svstem, as
required bv Code, that will substantiallv reduce qrease and smoke that would othenvise
escape to the surroundinq area. This mav include the installation of a fan in connection
with the kitchen exhaust svstem within the interior of the buildino in order to reduce noise
levels.
(5) Anv outdoor or rooftop areas permitted to be utilized as part of an alcoholic
beveraoe establishment shall complv with the followinq operational and noise
attenuation requirements and limitations not in contravention of district- specific
orovisions of the Land Development Reoulations:
a. Outdoor bar counters which are within 100 feet of a propertv with a
residential use shall require Conditional Use approval.
b. Outdoor bar counters. where permitted. shall not be operated or utilized
between midniqht and 8:00 a.m.: however. for a propertv with an accessorv
outdoor bar counter that is within 100 feet of a propertv with a residential use, the
accessorv outdoor bar counter mav not be operated or utilized between 8:00
p.m. and 8:00 a.m.
c. Oceanfront hotelswith at least 100 hotel units mav operate and utilize an
accessorv outdoor bar counter, notwithstandino the above restriction on the
hours of operation. provided the accessorv outdoor bar counter is (i) located in
the rear vard, and (ii) set back 20 percent of the lot width (50 feet minimum) from
anv propertv line adiacent to a propertv with an apartment unit thereon.
d. No exterior loudspeakers are permitted except those necessarv for fire
and life safetv purposes. unless approved pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 118-191. et seq.:
e. All entertainment is prohibited in the exterior spaces of the propertv
unless approved oursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 1 18-191 . et seq.;
t Rooftop accessorv bar counters shall require either Desiqn Review or
Historic Preservation Board approval. as applicable:
S ln residential districts, rooftop food and beveraoe services shall cease no
later than 11:00, p.m..,rJnless hours of operation are extended prlfsugnt to the
147
Conditional Use Procedures and Review Guidelines as listed in section 118-191.
et seq.:
h. For all alcoholic beveraoe establishments located in residential districts,
except the RM-3 zonino district. onlv tables and chairs shall be permitted at the
oround level or first floor. Anv other tvpe of furniture, includinq, but not limited to.
sofas, love seats, benches and picnic tables. shall require the review and
approval of the Desion Review Board, Historic Preservation Board. or Plannino
Board, as apolicable.
(6) The principle means of inoress and eoress shall be from a public street or public
sidewalk. A public or private allev wav. a private road or a public park shall not be
permitted as a means of inqress. This shall not be applicable to Lincoln Lane North,
Lincoln Lane South, Collins Court, Washinoton Avenue or within the Mixed-Use
Entertainment (MXE) zonino district.
ARTICLE II. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this a*irole Chapter, shall have the
meanings ascribed to them in this section or if not defined in this Chapter. the meaninq ascribed
to them in Chapters 114 and 142, except where the context clearly indicates a different
meaning:
A/coholic beveraoe sa/es-On premises means the sale of beveraoes in open containers for
consumption on the premises onlv.
A/coholic beveraqe sa/es-Package means the sale of beveraqes in sealed containers for
consumption off the premises.
Ful/ kifchen facffiles means having commercial grade burners. ovens and refrioeration units of
sufficient size and quantitv to accommodate the occupancv content of the establishment. Full
kitchen facilities must contain qrease trap interceptors. and meet all applicable Citv, countv and
state codes.
Primarily means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraqes. And in the instance of a restaurant, at least
fiftv-one (51) percent of the qross income of the restaurant must be derived from the sale of
prepared food and non-alcoholic beverages.
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction, includinq kinderqartens, elementarv schools, iunior hiqh schools, hiqh schools and
comparable private schools.
Section 6-37. Violations and penalties.
Upon a finding by the appropriate administrative official or agency that a violation of this article
has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate
148
of Use, eeeupa+renat+reense or Certificate of Occupancy, whichever is appropriate. Additionally,
this article may be enforced and violations may be punished as follows:
SECTION 2. 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.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015, inclusive of hours of operation
specified in the Land Use Board's final order.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY GLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
10
City Attorney Date
149
First Reading:_, 2015
Second Reading:_, 2016
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+nke+nre+tgh denotes removed lan g uage
T:\AGENDA\20'15\October\Pl-ANNINc\Referral to Planning Board - Alcohol Regulations Ch 6 ORD.docx
11
150
CHAPTER 114 - DEFINITIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART B. LAND DEVELOPMENT
REGULATTONS, CHAPTER 114 ,'GENERAL PROVISIONS" , AMENDING
SEGTION 114.1, DEFINITIONS, BY MODIFYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIC BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 114 of the City Code, entitled "General Provisions," provides
definitions; and
WHEREAS, to ensure that the all the definitions are clear and concise and are located in
one area of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114, entitled "General Provisions" is amended, as follows:
Sec. 1 14-1. Definitions.(a). lnterpretation of terms or words.
For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted
as follows:
i. The word "shall" is alwavs mandatorv and the word "mav" is permissive.
ii. The words "used" or "occupied" include the words intended, desioned or
arranqed to be used or occupied.
iii. The singular number includes the plural and the plural the sinqular, unless the
context clearlv indicates the contrarv.
iv. Words and terms not defined herein shall be interpreted in accord with their
normal dictionarv meanino and customarv usaqe.
(b) The following words, terms and phrases when used in this Subpart B or Chapter 6 of
Subpart A, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning: * * *
Apartment hotel means a building containing both apartment units and hotel units, with
at least 25% beinq apartment units. @isieft and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
151
BarmeansanalcoholicbeverageestabIishmentwhich+M
restaurant' danee hall er entertainment establishment, derives a minimum of 51 percent of qross
revenue from the sale alcoholic beveraqes.
Boffle c/ub means a commercial establishment, operated for a profit, whether or not a
profit is actuallv made, wherein patrons consume alcoholic beveraqes brouoht onto the
premises and not sold or supplied to the patrons bv the establishment, whether the patrons
brinq in and maintain custodv of their own alcoholic beveraqes or surrender custodv to the
establishment for dispensing on the premises.
Busrness fax means the fees charqed and the method bv which the Citv orants the
privileqe of engaqinq in or manaoino anv business, profession, or occupation within the Citv's
iurisdiction (formerlv known as an occupational license).
Ceftificateofuse(CU)meansadocumentissuedbythe
€eC€'€emp+ien€e City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Disc Jockey /abbreviafed D.J., DJ or deeiay) means a person who plavs recorded music
for an audience.
ive--er
reeerded; amplified er nenamplified perfermanee; (exeepting televisien, radie and/er reeerded
indeer mevie theater eperatiens), Entertainment establishments may net eperate between the
heurs between the heurs ef 5,00 a,m, and 10:00 a,rn,rexeept as previded fer under subseetien
+a(3)(b)=
Enferfarnmenf esfab/ishmenf means a commercial establishment includinq, but not
limited to, restaurants. bars, halls for hire, bottle clubs, supper clubs, and alcoholic beveraoe
establishments that include live entertainment, disc iockev. patron dancino, and/or recorded
entertainment. Entertainment does not include television, radio and/or recorded backoround
music. plaved at a volume that does not interfere with normal conversation, and indoor movie
theater operations. Entertainment establishments mav not operate between the hours of 5:00
a.m. and 10:00 a.m.. except as provided for under subsection 6-3(3)(b).
Food service esfab/ishmenf includes but is not limited to anv restaurant. bakerv, bar,
bistro, caf6, coffee shop, cafeteria, delicatessen, ice cream parlor, lounqe, niqhtclub, pub,
tavern, private, public, or nonprofit orqanization or institution routinelv servino food, caterino
kitchen, commissary or similar place in which food or drink is prepared for sale or for service on
the oremises or elsewhere, and anv other eatinq or drinkinq establishment or operation where
food is served or provided for the public with or without charqe.
152
Full cookino facilities. residential and suite hotels shall mean havinq burners. ovens and
refrioeration units. Cookinq facilities in units of less than 550 square feet shall be limited to one
microwave oven and one five-cubic-foot refriqerator except historic district suites hotels or
apartments mav have full cookinq facilities in units with a minimum of 400 souare feet.
Ful/ kffcfen facflrties. commercr,a/ shall mean havino commercial orade burners. ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trap interceptors. and meet all applicable
Citv. countv and state codes.
Hal/ forhire means an establishment which rents space, and mav provide tables, chairs.
caterino, decor. sound svstems. or other services in order to hold or host a private event.
Live enferlarnment shall mean and include all shows, live music, qames of sport and
performances of anv kind but shall not include adult entertainment.
Loadrnq. off-sfreef means a loadinq space located on private propertv outside of anv
street riqht-of-wav or easement and desiqned to accommodate the temporarv parkino of
vehicles used for bulk pickups and deliveries.
pursuant te chapte
Office. busrness or professional means an establishment offerinq services or knowledoe
to the business communitv or to individuals, but excludinq a medical office. Such activities
would include but are not limited to accounting. brokeraqe, insurance, advertisino, emplovment
services, real estate services, lawver and architect.
Office, medical means a licensed establishment offerinq medical services and
knowledoe to the communitv or individuals. Such activities mav include but shall not be limited
to phvsician, dentist. psvcholoqist, chiropractor. mental health therapist and phvsical therapists.
Operafor means the person who conducts, manaqes, maintains or controls, either
directlv or indirectlv, anv business or commercial establishment.
Pafron dancrnq shall mean dancino bv patrons or quests of an establishment or
business.
Personal service use means an establishment that provides services such as
barbershops, beautv salons, tailor, shoe repair shops, drv cleaninq. banks and financial service
institutions.
P/ace of Assemb/v means an establishment that mav have fixed seatino. that is not used
for retail sales and service, restaurant, office or hotel, and mav include a "hall for hire" use
whether for a private event or a public event.
153
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified. but shall not include adult entertainment.
purehased by the publie and whieh eenduets the business ef serving ef feed te be eensumed en
eee+++e+rem+ses,
Resfauranf. Cafeferia means a food service establishment characterized tvpicallv bv the
selection of prepared food items bv customers as thev move in a line in front of the individual
food items or selected from an open self-serve area. An individual menu is not normallv
provided and food items are tvpicallv placed on the customer's plate or packaqed bv restaurant
emplovees or the customer. The food items are transported to adioinino tables bv the
customer.
Resfauranf, sfandard means a food service establishment whose principal business is
the sale of foods and beveraqes to the customer in a readvto-consume state, and where
customers are normallv provided with an individual menu, are served their food or beveraqes on
nondisposable service ware bv a restaurant emplovee at a table or counter for consumption.
Resfauranf. fake-ouf means a food service establishment whose principal business is
the sale of foods and beverages to the customer in a readv-to-consume state for carrv-out with
consumption off the premises. and which has all of the followinq characteristics:
(a) Food items are served primarilv in paper, plastic or other disposable containers.
(b) The restaurant provides rapid customer service bv preparinq the menu items in
advance of the customer's order or bv havinq the items in a readv-to-assemble condition.
Refal esfab/ishmenf means anv store, merchant or orqanization sellinq merchandise to
the qeneral public.
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction. includino kinderoartens. elementarv schools, iunior hioh schools, hiqh schools and
comparable private schools.
ive'
Supper c/ub means a standard restaurant havinq a minimum enclosed
dininq/entertainment area of 4,000 square feet and providinq entertainment, but not adult
entertainment. The dininq/entertainment area shall be composed of restaurant tables and
seatino and an entertainment staoe area and/or dance floor. The dinino area must occupv a
minimum of fiftv (50) percent of the qross floor area of the establishment. A supper club must
provide full and continual food service throuqhout the periods of its operation. No more than
twentv (20) percent of the seatino area. mav be removed to accommodate special
performances.
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
154
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. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:_,2015
Second Reading._, 2016
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+ikeH+eugh denotes removed language
T:\AGENDAV0'1 S\October\PLANNING\Referral to Planning Board - Alcohol Regulations Ch 1 14 ORD.docx
155
e
ises=
(3) //teeessery sses rvhieh se// a/eehelie beverages,J Aeeessery uses whieh sell
@ie+
(a) Netwithstanding any ether previsien ef this divisien, the sale ef beer fer eff premises
regulatien ef the state shall be exempt frem the regulatiens in '^^+r^^ A
' and seetiens
t tZ tegl and 1 12 130
than beer and ef beer fer en premises eensumptien shall be eendueted in aeeerdanee
with the previsiens ef seetiens I ^ 12^1 and 4 ^ 12n^
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie
DIVISION 6. ENTERTAINMENT ESTABLISHMENTS AND NEIGHBORHOOD IMPACT
ESTABLISHMENTS
***
Sec. 142-1 361. Definitions.
nenamplified; played at a velume that dees net interfere with nermal eenversatien,
Enferfainmenf esfab/ishmenf means a commercial establishment includinq. but not limited to,
restaurants, bars, and alcoholic beveraqe establishments that include live enteftainment, disc
iockev. patron dancinq, and/or recorded entertainment. Entertainment does not include
television, radio and/or recorded backqround music, plaved at a volume that does not interfere
with normal conversation, and indoor movie theater operations.
Hours of operation of entertainment establishments. Entertainment establishments mav not
operate between the hours of 5:00 a.m. and 10:00 a"m.
Live enferlainmenf shall mean and include all shows, Iive music, oames of sport and
performances of anv kind but shall not include adult entertainment.
Neighborhood impact establishmenf means:
(1) An alcoholic beverage establishment. place of assemblffi or
restaurant, not also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
17
156
6.000 square feet or more of qross floor area
inclusive of outdoor areas associated with food and beveraqe services; or
(2) An alcoholic beverage establishment, place of assemblv or
restaurant, which is also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with an eeeupant eentert ef 200 er mere persens as
3,500 square feet or more of qross floor area
inclusive of outdoor areas associated with food and beveraqe services.
(3) For purposes of this section, an alcoholic beveraoe establishment shall include
multiple establishments in one buildinq site unless both criteria (a) and (b) below are
met.
The alcoholic beveraqe establishments have separate Business Tax
Receipts.
The alcoholic beveraoe establishments are completelv self-contained
and do not share anv ingress or eqress points.
Pafron dancrno shall mean dancinq bv patrons or quests of an establishment or business.
Recorded enferfarnment means recorded music or recorded vocal entertainment or both,
amplified or non-amplified, but shall not include adult entertainment.
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. SEVERAB!LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015.
SEGTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
a.
b
18
157
PASSED and ADOPTED this day of
ATTEST:
GITY CLERK
2016.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading
Second Read
:_,2015
ing:_, 2016
Verified by:
Thomas R. Mooney, AICP Planning Director
Underscore denotes new language
S+i*e+nreush denotes removed language
T:\AGENDA\201S\October\PLANNING\Referral to Planning Board - Alcohol Regulations Ch 142 ORD.docx
19
158
CHAPTER 142_ ZONING DISTRICTS AND ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION 3,..RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "GD.l
COMMERCIAL, LOW INTENSITY DISTRICT" DIVISION 5, "CD.z
COMMERCIAL, MEDIUM INTENSITY DISTRICT" DIVISION 6, "CD.3
COMMERCIAL, HIGH INTENSITY DISTRICT" DIVISION 7, "CCC CIVIC AND
CONVENTION CENTER DISTRIGT" DIVISION 8, "GC GOLF GOURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
"HD HOSPTTAL DISTRICT" DtVtStON 11, "t-1 LTGHT !NDUSTRTAL DISTRIGT"
DIVISION 12, "MR MARINE RECREATION DISTRICT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT;" DIVISION 16, "WD-l
WATERWAY DISTRICT" DIVISION 17, "WD.z WATERWAY DISTRICT"
DIVISION I8, "PS PERFORMANCE STANDARD DISTRICT" DIVISION 20,..TC NORTH BEACH TOWN CENTER DISTRICTS" TO MODIFY, CLARIFY
AND EXPAND MAIN PERMITTED, CONDITIONAL,AND PROHIBITED USES
RELATED TO ALCOHOLIC BEVERAGES; BY AMENDING ARTICLE V,..SPECIALIZED USE REGULATIONS" BY DELETING DIVISION 4,
"ALCOHOLIC BEVERAGES," BY AMENDING DIVISION 6,..ENTERTAINMENT ESTABLISHMENTS" TO MODIFY AND CLARIFY
REGULATIONS RELATING TO ALCOHOL BEVERAGES; BY AMENDINGTHE NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLD
REQUIREMENTS AND CREATING NEW DEFINITIONS; PROVIDING FOR
REPEALER; SEVERABILITY; GODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 6 of the City Code entitled "Alcoholic Beverages", which regulates
the hours of operation of and size of such establishments; and
WHEREAS, Chapter 142 shall be amended to ensure that each districts lists whether
alcoholic beverage establishments are permitted, not permitted or conditional uses; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear,
concise and in one location of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts
BY THE MAYOR AND CITY COMMISSION
and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULTIFAMILY DISTRICTS
1
159
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
Sec.142-212. - Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-
family detached dwellings; townhomes; apartments; apartment-hotels; hotels; except that in the
"West Avenue Corridor", defined in this Subdivision as that area bordered by Collins Canal to
the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and /or accessory uses permitted in the zoning category
as of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available, and offices that are incidental and
customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1,200
feet from the RM-3 hotel property. For purposes of this section, the distance between the RM-3
hotel property and the RM-2 office property shall be measured by following a straight line
between the properties' boundaries; further that office property shall be governed by a restrictive
covenant approved as to form by the City Attorney, recorded in the public records, stipulating
that the office use may only remain as long as the hotel use continues.
Sec.142-214. - Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article lV, division 2 of this chapter and +rses-that-sen*e alcoholic beverages-establishments
pursuant to the
reoulations set forth in Chapter 6. RM-2 properties within the Palm View, or West Avenue
corridors may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a legal conforming use as of May 28,2013, shall have the right to
apply for and receive special event permits that contain entertainment uses.
Sec.142-215. - Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; off-premise package sales of alcoholic beveraoes,
and accessory outdoor bar counter; and for properties located within the Palm View, and West
Avenue corridors, hotels and apartment-hotels, except to the extent preempted by F.S. $
509.032(7), and unless they arc a legal conforming use. Properties that voluntarily cease to
160
operate as a hotel for a consecutive three-year period shall not be permitted to later resume
such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty, or (b)
cessation of hotel use of individual units of a eende-hotel, shall not be deemed to be ceasing
hotel operations pursuant to the preceding sentence.
***
Subdivision V. - RM-3 Residentia! Multifamily, High lntensity
Sec.142-242. - Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are single-
family detached dwelling; townhomes; apartments; apartment-hotels; and hotels, except that in
the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins Canal
to the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and accessory uses permitted in the zoning category as
of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available.
Sec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows.
(2) +Jses+ha+-senre-a Alcoh o I ic beverages esta b I i s h m e nts
pursuant to the requlations set forth in Chapter 6.
(3) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. pr€yided
that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight and 8:00a=m;+eweverr+er @ a property with an
p++n+C$g+^*
(+bar+esnte vided the
thereen,
3
161
G) RM-3 properties within the 'West Avenue Corridor" may not have accessory outdoor
entertainment establishments. Notwithstanding the foregoing, a property that had a Legal
Conforming Use as of May 28,2013, shall have the right to apply for and receive special event
permits that contain entertainment uses.
Sec.142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are off-premise
packaoe sales of alcoholic beveraoes and accessory outdoor bar counterg, except as provided
in Section 142-244.;and -and{or properties located within the West Avenue Corridor, hotels
and apartment-hotels, except to the extent preempted by Florida--S,!.atutes S 509.032(7), and
unless a legal conforming use. Properties that voluntarily cease to operate as a hotel for a
consecutive three-year period shall not be permitted to later resume such hotel operation.
Without limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of
individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to
the preceding sentence.
DIVISION 4. . CD.l COMMERCIAL, LOW INTENSIW DISTRICT
Sec.142-272. - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to s$ection 142-1401); religious institutions with an
occupancy of 199 persons or less, sp( uses{het+erq*e alcoholic beverages establishments as
requlations set forth in Chapter 6.
DIVISION 5. CD.2 COMMERCIAL, MEDIUM INTENSITY DISTRIGT
Sec. 142-302. - Main permitted uses.
The main permitted uses in 'the CD-2 commercial, medium intensity district are commercial
uses; apartments; apartmenVhotels; hotels; religious institutions with an occupancy of 199
persons or less and uses-that-sen+e alcoholic beverages establishments @
Pursuant to
the requlations set forth in Chapter 6.
Sec. 142-303. - Conditional uses.
(a) The conditional uses in the CD-2 commercial, medium intensity district include the following:
(1) Adult congregate living facilities;
(2) Funeral homes;
(3) Nursing homes;
4) Religious institutions;
5) Pawnshops;
6) Video game arcades;
7) Public and private institutions;
8) Schools;
9) Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided by a
district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards;
(1 1) Outdoor entertainment establishments;
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(1 2) Neighborhood impact establishments;
(13) Open air entertainment establishments;
(14) Storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See Section 142-1103.
(b) Sunsef Harbour Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard shall also
include the following:
(1) Main use parking garages;
(2) Restaurants with alcoholic beverage lisgnsgs ( Aleehelio bevera wiffl
more than 100 seats or an occupancy content (as determined by the Fire Marshall) in
excess of 125, but less than 199 persons and a floor area in excess of 3,500 square
feet.
(c) North Beach Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the North Beach neighborhood (located
north of 65th Street), shall also include the following:
(1) Alcoholic beverage establishments (not also operating as a full restaurant with a full
kitchen, serving full meals);
(2) Dance halls;
(3) Entertainmentestablishments.
Sec. {42-304. - Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
lV, division 2 of this chapter; and accessory outdoor bar counters, pursuant to the requlations
set forth in Chapter 6.
utilized between rnidnight and 8:00 a,m,; hewever; fer ^ ^'^^^*" an aeeessery eutdeer bar
Sec. 142-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in this divisien Article lV, Division 2 of this chapter and in
Chapter 6. Except as othenvise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include
alcoholic beveraoe establishments (not also operatino as a full restaurant with a full kitchen,
servinq full meals), dance halls: entertainment establishments: outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
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DIVISION 6. . CD.3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenUhotels; hotels, alcoholic beveraqe establishments pursuant to the
requlations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or
less. Oceanfront properties in the architectural district shall not be permitted to have new retail
and/or office areas totaling more than 250 square feet unless the building is rehabilitated
according to the South Florida Building Code, the city property maintenance standards, and fire
prevention and safety codes and if it is a historic structure the U.S. Secretary of the lnterior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartmenUhotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls and entertainment establishments (as defined in section 114-
1 of this Code) not also operating as restaurants with full kitchens and serving full meals and
licensed as alcoholic beverage establishments are prohibited on properties having a lot line
adjoining Lincoln Road, from the Atlantic Ocean to Biscayne Bay, unless the dance hall and
enteftainment establishment is located within a hotelwith a minimum of 100 hotel units.
Sec. 142-334. - Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in Article lV, Division 2 of this chapter.
(2) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. previded
that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight and 8:00
a,m,; hewever; fer an aeeessery eutdeer bar eeunter whiefr is adjaeent te a preperty with an
@
(3) eeeanfrent hetelewith at least 100 hetel units may eperate and utilize an aeeessery eutdeer
and (iilsetbaek 20 pereent ef the
let width (50 feet minimum) frern any preperty line adjaeent te a preperty with an apartment unit
thereen,
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in this divisien Article lV. Division 2 of this chapter and in Chapter 6.
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
Sec. 142-362. - Main permifted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beveraqe establishments
164
pursuant to the reoulations set forth in Chapter 6, merchandise mart; commercial or office
development; landscape open space; parks. Any use not listed above shall only be approved
after the City Commission holds a public hearing. See section 142-367 for public notice
requirements.
Sec. 142-363. - Conditional uses.
Conditional use approval for a neiohborhood impact establishment mav be waived bv the Citv
Commission, othenruise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GG GOLF COURSE DISTRICT
Sec. 142-394. -Accessory uses.
The accessory uses in the GC golf course district are as required in article lV, division 2 of this
chapter and the sale or distribution of alcoholic beveraoes pursuant to the requlations set forth
in Chapter 6.
DIVISION 9. . GU GOVERNMENT USE DISTRICT
5ec.142422. - Main permitted uses.
The main permitted uses in the GU-Government Use District are government buildings and
uses, including but not limited to parking lots and garages; parks and associated parking;
schools; performing arts and cultural facilities; alcoholic beveraqe establishments pursuant to
the requlations set forth in Chapter 6. monuments and memorials. Any use not listed above
shall only be approved after the city commission holds a public hearing. See subsedion 142-
425(e) for public notice requirements.
DIVISION 10.. HD HOSPITAL DISTRICT
Sec.142-452. - Permifted uses.
ln the HD, Hospital District, no land, water or structure may be used, in whole or in part, except
for one or more of the following permitted uses. ise
feund in artiele V; divisien 4 ef this ehapter The sale of alcohol within the HD shall be requlated
pursuant to the requirements of Chapter 6.
DIVISION 11. 1.1 LIGHT INDUSTRIAL DISTRICT
Sec.142-482. - Main permitted uses.
The main permitted uses in the l-1, Urban Light lndustrial District, are those uses that are
consistent with the district purpose including the following:
13) Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including but not limited to retail sales, photocopying,
coffee shop, standa+d restaurant, alcoholic beveraqe establishments pursuant to the
requlations set forth in Chapter 6 , video rental, bank;
165
DIVISION 12. . MR MARINE RECREATION DISTRICT
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District, are as required in article lV, division
2 of this chapter. Accessory uses in this district shall be any use that is customarily associated
with a main permitted use; includinq but not limited to-and alcoholic beveraqe establishments
pursuant to the requlations set forth in Chapter 6.
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. - Accessory uses.
The accessory uses in the MXE. Mixed Use Entertainment District. are as follows.
fl_) Those uses permitted in Article lV, Division 2 of this chapter.
@
(!) Uses that serve alcoholic beverages are also subject to the regulations e++nreerf;-+weien
(Q Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6.
previded that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight
e
(3) eeeanfrent hetels with at least 100 hetel units may eperateand utilize an aeeessery eutdeer
ef this seetien; previded the aeeessery eutdeer bar eeunter is leeated in the rear yard and set
Sec. 142-546. - Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins Avenue.
ln the MXE, Mixed Use Entertainment District, permitted uses in existing buildings at the time of
adoption of this section with two stories or less fronting on Ocean Drive or Ocean Terrace and
any building fronting on Collins Avenue from Sixth Street to 16th Street shall comply with the
following:
(2) Su€h-The buildings may contain offices ,
retail,
establishments and residential uses or any combination thereof. Medical and dental
office shall be prohibited uses in the MXE districts. Commercial uses located above
the ground floor shall only have access from the interior of the building; no exterior
access shall be permitted, unless a variance from this requirement is granted.
DIVISION 16. .WD.l WATERWAY DISTRICT
I
166
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-1, Waterway District, are as required by Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 17. . WD-2 WATERWAY DISTRIGT
Sec. 142-664. - Accessory uses.
The accessory uses in the WD-2, Wateruvay District, are as required in Article lV, Division 2 of
this Chapter and as delineated i
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
Sec. 142-693. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
nstitutional
permitted
owever, accessory
bar counters
permitted in
least 100 hotel units
the R-PS4 district*.
167
ishments
ishments
, in the R-PS4
istrict, this use is
50 or more hotel
nits, as a conditional
. Access to the
blishment shall be
from the interior
of the hotel and
from the street.
ighborhood
blishments
(i)
The following uses are permitted in the performance standard district:
P-Main permitted use C-Conditional use N-Not permitted
* - Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial
uses in RM-PS1 are limited to stores and restaurants.
Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU,
government use district, no alcoholic beverage establishment, or restaurant, may be
licensed or operated as a main permitted, conditional, or accessory use in any open
area above the ground floor (any area that is not included in the FAR calculations)
located south of Sth Street. Except that:
10
168
Outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues
may be permitted in the areas described in this subsection (i) before 8:00 p.m. with
no background music (amplified or nonamplified).
No commercial activity may be permitted on areas as described in this subsection (i)
between the hours of 8:00 p.m. and 10:00 a.m.
Nothing herein shall prohibit residents of a multifamily (apartment or condominium)
building, or hotel guests and their invitees to use these areas as described in this
subsection (i), which may include a pool or other recreational amenities, for their
individual, personal use.
Variances from this subsection (i) shall not be permitted. Special events shall not be
permitted in the areas described in this subsection (i).
(i) ln districts that allow commercial and hotel uses above, alcoholic beveraoe establishments
are permitted pursuant to the reoulations set forth in Chapter 6, but not in contravention of
section (i) herein.
DIVISION 20. . TC NORTH BEACH TOWN CENTER DISTRICTS
Sec. 142-736. - Main permitted uses, conditional uses, accessory uses, and prohibited
uses.(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beveraqe establishments pursuant to requirements in Chapter 6: apartments;
apartments/hotels; hotels. The ground story frontage along 71st Street and Collins
Avenue shall be governed by subsection 142-737(c).
premises-i i+distriet,
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the requlations set forth in Chapter 6: @
utilized between midnight and 8:00 a,m,; hewever; aeeessery eutdeer bar eeunters
@
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
Hewever; eutdeer restaurant seating; net exeeeding 40 seats, asseeiated with indeer
venues may be permitted in any epen area abeve the greund fleer until 8;00 p,m, with
(1)
(2)
(3)
11
169
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows.
The Conditional Uses in the TC-3 District are hotel, adult congregate living facility;
day care facility; nursing home; religious institutions; private and public institutions;
schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln areas designated TC-3(c) on the zoning map, the following uses may be
permitted as Conditional Uses in addition to the uses in paragraph (2) above:
neighborhood-oriented retail and services uses, limited to 2,500 square feet or
less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; artlcraft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the requlations set forth in Chapter 6. with aleehel limited te beer and wine
tiens estabtisne
@lnaddition,fullservicerestaurantsservingalcoholic
beverages pursuant to the requlations set forth in Chapter 6 er anglwith 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
The accessory uses in the TC-3 district are those uses customarily associated with
the district purpose, as set forth in article lV, Division 2 of this Chapter, except that
hotels may have accessory uses based upon the criteria below:
b. Hotels in the TC-3(c) district may include accessory restaurants or*ars
alcoholic beverage establishments pursuant to the requlations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and bars that serve aleehel alcoholic beveraqe establishments on
the entire site shall not exceed 1.5 personsr per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresuItafteranyrenovation.@
premisee€n+€hatHe-+irnited te elesing ne later than 12 midnight subjeet te
DIVISION 2. - ACCESSORY USES
Sec. 142-901. - General provisions.
(2)
(o
12
170
Accessory uses shall comply with the following general provisions:
(1) Accessory uses shall be located on the same lot as the main permitted use, except for
required parking which may be located within 1,200 feet of the property. The distance
separation shall be measured by following a straight line from the lot on which the main
permitted use is located to the lot where the parking lot or garage is located.
(2) Accessory uses shall be incidental to and customarily associated with the main
permitted use.., in accordance wi |nmakingthed"t 1*
the planning and zening direeter may require the apprieant te previde evidenee that sueh
(3) Accessorv uses in residential districts shall comply with the followinq. whether covered
or uncovered:
ln the RM-1 zoninq district. the floor area of individual accessorv uses. or the total
aqoreqate floor area of multiple accessory uses. shall not occupv more than twentv
(20) percent of the floor area of the main permitted use.
ln the RM-2 zonino district. the floor area of individual accessorv uses, or the total
aqqreoate floor area of multiple accessorv uses, shall not occupv more than thirtv
(30) percent of the floor area of the main permitted use. The Plannino Board mav
allow up to thirtv-five (35) percent throuqh the conditional use process.
ln the RM-3 zonino, the floor area of individual accessorv uses. or the total
aoqreqate floor area of multiple accessorv uses, shall not occupv more than fortv
(40) percent of the floor area of the main permitted use. The Planninq Board mav
allow up to fortv-nine (49) percent throuqh the conditional use process.
Anv outdoor, unenclosed or uncovered accessorv use servino alcohol and Logated
in an RM-2 district shall require Conditional Use aoproval.
The percentaoes contained in this section 142-901 (3) do not include required
parkinq.
(4) Off-street parking and loading spaces shall be considered as accessory uses in all
districts.
(5) A use ether than these listed in this divisien may be eensidered as an aeeessery use if it
is eustemarily asseeiatedwith ene ef the main permitted uses and if the planning andze++ ia=
ien=
a.
b.
c.
d.
e.
13
171
e, That the neeessary safeguard+will be previded fer the preteetien ef surreunding
preperty, persens a
d, That the publie health; safety; merals and general welfare ef the eemmunity will net
@
(6) nn+eeupa+iena++ieense A business tax receipt or building permit, whichever is being
requested, shall only be approved for an accessory use if the building complies with all
of the following mandatory requirements.
a. All structures shall conform to the S€+r+h Florida Building Code, the property
maintenance standards and the fire prevention and life safety code.
b. The existing building and the proposed improvements shall be built in a manner that
is substantially consistent with the design recommendations in a neighborhood plan
for the area if one exists, and if the building is a historic structure, then the U.S.
Secretary of the lnterior Standards for Rehabilitation of Historic Buildings as
amended shall be used.
c. The minimum and average floor area requirements for the units as set forth in article
ll, division 13 of this chapter shall be met.
(7) Appeal of the Planning anA-zenrng Director's decision pertaining to any finding shall be
to the Board of Adjustment as provided in chapter 118, article lX, and shall be
considered as an appeal of an administrative decision.
Sec. 142-902. - Permitted accessory uses.
The following are permitted accessory uses.
(1)a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessorv restaurants, drinkino establishments, outdoor and sidewalk caf6s, hotel
manaqement offices. and retail uses use in accordance with the requlations herein, as
well as accessorv uses customarilv associated with the operation of an apartment
buildino, as specified in subsection 142-902(2).
in+
b. Hotels located in the RM-2 district are permitted to have any accessory
restaurants, and hotel manaqement offices use in accordance with the requlations
herein. ing,
exeept--{er--4Qance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments or open air entertainment
establishments shall be prohibited in an RM-2 district.
14
172
(2)
c. Where permitted, hotels located in the RM-1 district may have accessory uses
based upon the below criteria:
1. A dining room operated solely for registered hotel visitors and their
guests, located inside the building and not visible from the street, with no exterior
signs, entrances or exits except as required by the South Florida Building Code.
2. Other accessory uses customarily associated with the operation of an
apartment building, as referenced in subsection 142-902(2), for the use of
registered hotel visitors and their guests only.
Apartment buildings may have accessory uses based upon the below criteria:
e. Buildings in the RM-3 and R-PS4 districts may have.
1. Commercial, office, eating or drinking uses with access from the main
lobby or from the street if they are either located on the ground floor,
subterranean level or on the highest floor of a building.
2. A retail store and / or a caf6 with less than 30 seats mav occupv space on
the amenitv level of an apartment buildino located within a RM-3 district that is
onlv open to residents and their ouests.
3. Office space, when originally constructed on the second level of an
existing building may be retained or re-introduced. When located on the ground
floor, office space shall be at least 50 feet from the front property line.
ARTICLE V. . SPECIALIZED USE REGULATIONS
BMSIEN 4- AtCgHEtIC BEVERAGES
Venders may be permitted te sell er distribute aleehelie beverages, either fer
(1) RM 2 multiple family' medium intensity,
ffiffi
15
173
(1 l) R PS3 residentialmedium high density,
(16) C PSI eemmereial limited mixed use,
(17) C PS2 eemmereial general mixed use,(18) C PS3 eemmereial intensive mixed use,(19) C PS I eemmereial inteneive phased bayside,
iee=
Venders shall be permitted te eell aleehelie beverages within the zening distriets listed in ^^^+r^^
t ta legt if suen Ol in+
Restaurant; bar; aleehelie beverage establishment; eutdeer eafe; private elub; er gelf elubheuse
(+)+rnitt*sain-ases,
permiftee te setl a
upen the fellewing; when beer and wine are served a minimum ef 30 seats
@
@ises=e, eutdeer eafes; when net visible frem er en a publie street; alley; er way; shall
have ne minimum seating requirement and shall be permitted te sell aleehelie
d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie
ises=
ing
have a minimum ef l0 seats shal{ be permitted te sell aleehelie beverages fer
Pr€mt€estre, Outdeer eafee when net visible frem a publie street; alley; er way; shall have
iee€'
16
174
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175
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Commissioners
FROM: MichaelGrieco,Commissioner
DATE: October 14,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 138 OF THE MIAMIBEACH CITY CODE, ENTITLED ''SIGNS,''
ARTICLE IV ENTITLED "TEMPORARY SIGNS," ATsEcTtoN 138-140 ENTITLED "VACANT
STOREFRONT COVERS AND SIGNS" TO
MANDATE THAT ALL VACANT STOREFRONT
WINDOWS AND DOORS BE WRAPPED IN NON.
COMMERCIAL PAPER DESIGNS; PROVIDING FOR
ENFORCEMENT AND PENALITIES; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
Please refer this item to the Land Use and Development Committee and the Planning Board. I
would like to modify Section 138-140, of the City Code to require wrapping empty storefronts.
A copy of the proposed draft is attached.
lf you have any questions please contact Danila Bonini at Ext 6457.
We ore commitlecl lo pn>viding excellent publi:.: service ond solely t6 cll 'vvho live, work, ond ploy in our vibront, /ropiccri, On"nda ltgm C qB
oate /o-/{-/5-176
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138
OF THE MIAMI BEACH CIry CODE, ENTITLED ''SIGNS,''
ARTICLE IV ENTITLED "TEMPORARY SIGNS," AT SECTION 138.
140 ENTITLED "VACANT STOREFRONT GOVERS AND
SIGNS'' TO MANDATE THAT ALL VACANT STOREFRONT
WINDOWS AND DOORS BE WRAPPED IN NON.
COM M ERC IAL PAPER DESIG N S; PROVIDING FOR
ENFORCEMENT AND PENALITIES; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILIW, AND AN EFFECTIVE
DATE.
WHEREAS, on May g, 2012, the City Commission enacted Ordinance No. 2012-
3767, creating Section 138-140 of the City Code, as the Commission was concerned
with the possible appearance of blight due to vacant storefront displays, and the
Commission declared that it was in the interest of the public health, safety and welfare,
and the interest of the citizens of Miami Beach, to establish policies, regulations, and
standards relating to vacant storefront windows and doors; and
WHEREAS, the City Commission found that vacant storefronts create blighted
economic and social conditions contrary to the viable and healthy economic, aesthetic,
and social fabric that the City has cultivated and encouraged in its commercial zoning
districts; and
WHEREAS, to encourage and regulate the screening of the interior of vacant
storefronts with aesthetically compatible and attractive material, to obscure the
deteriorated or deconstructed conditions of vacant storefronts, and to allow temporary
signs to be included on this material, the City Commission created temporary sign
criteria for wrapping and obscuring vacant storefronts from the community; and
WHEREAS, the City Commission believes it is in the best interest of the
community to mandate the wrapping of vacant storefronts, rather than to leave this
decision to the storefront owner; and
WHEREAS, the City Commission also believes it is in the best interest of the City
to create an enforcement mechanism and penalties for violations of this requirement;
and
WHEREAS, the City Commission desires to amend Chapter 138, Article lV, at
Section 138-140 to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
177
SECTION 1. That Chapter 138, entitled "Signs," Article lV entitled "Temporary Signs" at
Section 138-140, entitled "Vacant storefront covers and signs," of the Miami Beach City
Code is hereby amended as follows:
CHAPTER 1 38
:'o.*r.
ARTICLE IV. TEMPORARY SIGNS
Sec. 138-140. Vacant storefront covers and signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions
contrary to the viable and healthy economic, aesthetic and social fabric that the city has
cultivated and encouraged in its commercial zoning districts. The purpose of this section
is to encourage and regulate the screening of the interior of vacant storefronts with
aesthetically compatible and attractive material, to obscure the deteriorated or
deconstructed conditions of vacant storefronts, and to allow temporary signs to be
included on this material.
(b) Definition. For purposes of this section, a vacant storefront is any ground floor
business establishment that is unoccupied.
(c) Applicability. The requirements of this section apply only to the ground floor
windows and doors of vacant storefronts that face a public right-of-way. lf a commercial
property is vacant for more than 15 davs. all qlass surfaces visible to the public shall be
kept clean, and the interior of such vacant store shall be screened from public view in
one of the followino wavs, until the property is occupied:
All qlass surfaces visible from the public rioht-of-wav shall be covered as
provided in subsection (e): or
All olass surfaces visible from the public riqht-of-way shall be covered as
provided in subsection (fl.
(d) Sforefront window cover pemitteC required for vacant storefronts. Exterior Winelews
windows and doors on vacant commercial propertv may shall be completely screened
with an opaque material obscuring the interior. The materials used to satisfy this
requirement shall be subject to review and approval by the planning department design
review staff, in accordance with applicable design review and historic preservation
criteria, and shall consist of 60-pound weight paper, or similar opaque material.
Windows covered in accordance with this section shall may remain covered until
(])
(A
178
issuance of a certificate of use or occupancy for the new occupant, whichever occurs
first. lf the owner of vacant commercial propertv elects not to utilize one of the siqns
identified in subsection (e). the owner shall utilize the window covers identified in
subsection (fl.
(e) Temporary signs permitted. Material applied to windows in conformity with this
section shall not contain general advertising signs or other prohibited sign types. Such
material may contain signs that comply with the regulations of this chapter, as follows:
(1) Artistic or super graphics in accordance with section 138-204,
which may cover 100 percent of the window; and
(2) Other types of signage allowed by this chapter, including real estate
signs in accordance with section 138-136, and construction signs in
accordance with section 138-133; signage under this provision may
be incorporated into artistic or super graphics as referenced in (1)
above,; however;lhe text of such signage shall be limited to no
more than 25 percent of the total window area of the vacant
storefront.
(Q The desiqn and material of all proposed siqns under this subsection
(e) shall require review bv the planninq department desiqn review
staff, in accordance with applicable design review and historic
pleservation criteria.
(0 City-provided storefront cover. The city maplso shall produce and provide
preapproved storefront covers, for a charqewith @, to eneeu+age-{he
coverage--ef vacant storefronts not complvinq with subsection (d) above. Gevers
(g) Penalfies and enforcemenf. Each day of noncomoliance shall constitute a
separate offense. The code compliance department is empowered and authorized to
require compliance with this section within 30 davs of written notice to violators.
(1) The followinq civil fines shall be imposed for a violation of this section:
a. First violation within a 12-month period: $ 250.00:
b. Second violation within a 12-month period: 2,000.00:
c. Third violation within a 12-month period: $ 3.000.00:
d. Fourth or subsequent violation within a 12-month period: $
5.000.00.
179
(2) Enforcement. The code compliance department shall enforce this section.
The notice of violation shall inform the violator of the nature of the violation,
amount of fine for which the violator is liable. instructions and due date for pavinq
the fine, that the violation may be appealed bv requestinq an administrative
hearinq before a special master within ten (10) days after service of the notice of
violation, and that the failure to appeal the violation within ten (10) days of
service shall constitute an admission of the violation and a waiver of the right to a
hearinq.
(3) Rishts of violators: payment of fine: riqht to appear: failure to pay 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
!= pay the civil fine in the manner indicated on the notice of
violation: or
ii. request an administrative hearinq 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 by 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. The failure to pav the civil fine. or to timely request an
administrative hearing before a special master, shall constitute a waiver of
the violator's riqht to an administrative hearinq before the special master,
and shall be treated as an admission of the violation, for which fines and
penalties shall be assessed accordinqly.
d. A certified copy of an order imposing 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 may be enforced in the
same manner as a court iudqment by the sheriffs of this state. including
lew aoainst the violator's real or personal propertv, but shall not be
deemed to be a court judqment except for enforcement purposes. Three
(3) months after the recordinq of any such lien which remains unpaid, the
citv may foreclose or othenarise execute upon the lien. for the amount of
the lien plus accrued interest.
e. The special master shall be prohibited from hearins the merits of
the notice of violation or considerinq the timeliness of a request for an
180
administrative hearinq if the violator has failed to request an administrative
hearinq within ten (10) davs of the service of the notice of violation.
f. The special master shall not have discretion to alter the penalties
prescribed in this section.
q. Any partv aqqrieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underline = new language
S+ike$rcugh = deleted language
[Sponsored by Commissioner Michael Grieco]
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
---Doie
181
C4 - Commission Committee Assignments
C4C Referral To Neighborhoods/Community Affairs Committee - Discussion Regarding Multi-
Use Asphalt Skate/Bike Pump Track ln North Beach.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem C/C
Dare /0-/{4d182
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183
C4 - Commission Committee Assiqnments
C4D Referral To The Land Use And Development Committee And The Planning Board -
Amendments To The City Code, lncluding The Land Development Regulations, To
lmprove The City's Resiliency To Sea Level Rise, Flooding And Natural Hazards.
(Sponsored by Commissioner Joy Malakoff)
Agenda ttem C?Do^t"WtY184
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185
CO
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33 I39. www.miomibeochfl.gov
ON MEMORANDUM
Mayor Philip Levine and Membe of the Commission
Jimmy Morales, City Manage
October 14,2015
A REFERRAL TO THE
DISGUSSION REGARDING SEAWALLS,
BACKGROUND
At its September29,2015 meeting, the Mayor's Blue Ribbon on Flooding and Sea Level Rise, a
discussion was brought up by one of the Commissioners with regards to seawalls with low
elevations that allow high tidal waters to flow to over the walls and into private property or to the
public right-of-way. The Committee made a motion to bring this item to the City Commission and to
refer it to the Land Use and Development Committee (LUDC), to discuss developing a policy
concerning enforcement and making requirements to have those walls brought up to present
standards of the City. The discussion would include the potential of increasing the current standard
from 3.2 NAVD and other variations concerning higher elevations based upon existing homes and
new construction.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the referralto the
LUDC for discussion and further direction.
.t/\ Al@JtMtww)BAM/FRS
T:\AGENDA\201S\October\PUBLIC WORKs\Referral, LUDC, discussion on seawalls policy and enforcement. Memo.doc
TO:
FROM:
DATE:
SUBJECT;AND DEVELOPMENT COMMITTEE - A
POLIGY AND ENFORCEMENT
Agenda ltem C?,F
DateWq-K186
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187
c6
COMMISSION COMMITTEE REPORTS
188
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO.Mayor Philip Levine and Members Cf the City C
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: LAND USE AND DEVELOPMENT C MMITTEE MEETING OF SEPTEMBER 9,2015
A Land Use and Development Committee meeting was held on September 9,2015. Land
Use Committee Members in attendance were Commissioners Joy Malakoff, Jonah Wolfson
and Ed Tobin. Commissioners Micky Steinberg, Michael Grieco, and Deede Weithorn were
also in attendance. Members from the Administration, including, Thomas Mooney, Eve
Boutsis, Eric Carpenter, Jose Gonzalez, Jay Fink, and Michael Belush, as well as members
of public, were also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:03 PM.
1. DISCUSSION ON PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS TO REMOVE THE EXISTING 'SUNSET' PROVISTON FOR PARKING
DlsTRlcT NO. 5 (SUNSET HARBOR) AND TO CLARIFY THE CONDTTTONAL USE
REQU!REMENTS IN THE CD.2 DISTRICT.
(RETURNTNG FROM THE SEPTEMBER 3,2014 LUDC MEETTNG
SPONSORED BY CITY GOMMISSION
JULY 23,2014 CITY COMMISSION METING !TEM, C4L)
AFTER.ACTION
Thomas Mooney provided an overview and history on the item.
MOTION: No further action by acclamation
2. DISCUSSION REGARDING SEAWALL CONDITTONS, ENCROACHMENTS
INTO PUBLIC PROPERTY FOR PRIVATE USE.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETING
SPONSORED BY CITY COMMISSION
FEBRUARY 11.2015 CITY COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
AFTER.ACTION:
Jay Fink provided an overview and update regarding seawall encroachments into public
wateruvays and indicated the policy now is to allow rebuilding seaward once up to the width
of a seawall (18 inches), otherwise demolition of existing seawall and construction of a new
seawallwithin the property is required.
Agenda ttem C6 Aoate_w189
Report of the Land Use & Development Committee Meeting of September 9, 2015
Page 2 of 5
MOTION: No further action by acclamation
3. DISCUSSION REGARDING TRAFFIC STUDIES.
(RETURNTNG FROM THE JULy 29,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER MICKY STEINBERG
JUNE 10. 2015 CITY COMMISSION MEETING, ITEM C4H)
AFTER.ACT!ON:
Thomas Mooney introduced the item.
Jose Gonzalez indicated that thresholds are being developed as part of a citywide
Transportation Management plan.
MOTION: Continued to October 7,2015 by acclamation
4. PROPOSED REVISIONS TO CHAPTER 126 OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, PERTAINING TO LANDSGAPING AND
MINIMUM STANDARDS FOR THE LANDSCAPING OF PRIVATE PROPERTIES AND
ADDING A REQUIREMENT FOR A TREE SURVEY PRIOR TO THE ISSUANCE OF A
DEMOLITION PERMIT.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JOY MALAKOFF
JUNE 10. 2015 CITY COMMISSION MEETING, ITEM C4I)
VERBAL REPORT
MOTION: Continued to November 18, 2015by Acclamation
5. DISGUSSION: LEGAL OPINION CONCERNING WHETHER A VACANCY ON THE
HISTORIC PRESERVATION BOARD RENDERS THE BOARD IMPROPERLY
CONSTITUTED AND WITHOUT POWER TO ACT, AND TO DISCUSS AN
AMENDMENT TO SEC.2-22(21) TO REQUTRE THE MAYOR AND Ctry COMMTSSTON
TO FILL BOARD VACANCIES WITHIN 90 DAYS.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPONSORED BY VICE.MAYOR JONAH WOLFSON
JUNE 10. 2015 CITY COMMISSION MEETING, ITEM C4M)
VERBAL REPORT
AFTER.ACTION:
Eve Boutsis provided an overview and background on the item
MOTION: Continued to October 7,2015 by acclamation
6. DISCUSSION REGARDING AMENDING THE CIry CHARTER AND CIry CODE TO
PROVIDE THAT, INSTEAD OF THE BOARD OF ADJUSTMENT, THE CHTEF
SPECIAL MASTER SHALL HEAR AND DECIDE APPEALS FROM, AND REVIEW,
ANY ORDER, REQUIREMENTS, DECISION OR DETERMINATION MADE BY AN
ADMINISTRATIVE OFFICIAL CHARGED WITH THE ENFORCEMENT OF THE
ZONING ORDINANCE OF THE GITY OF M!AM! BEACH.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPoNSORED By VICE MAYOR JONAH WOLFSON)
JUNE 10. 2015 CITY GOMMISSION MEETING, ITEM RgL)
190
Report of the Land Use & Development Commiltee Meeting of September 9, 2015
Page 3 of 5
VERBAL REPORT
AFTER.ACT!ON:
Eve Boutsis provided an overview and background on the item.
MOTION: Continued to October 7,2015 by acclamation.
7. DISCUSSION ON A PROPOSED ORDINANCE AMENDMENT TO MODIFY THE
MINIMUM FRONT AND SIDE SETBACK, AND MINIMUM PERVIOUS AREA
REQUIREMENTS FOR SINGLE FAMILY HOMES, AS WELL AS SIMPLIFYING THE
REGULATIONS PERTAINING TO THE CALCULATION OF UNIT SIZE AND LOT
COVERAGE.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JOY MALAKOFF
JULY 8. 2015 CIry COMMISSION MEETING, ITEM C4C}
AFTER.ACTION:
Thomas Mooney introduced the item.
Commissioner Weithorn expressed the need to maintain pervious landscaped area.
Members of the public addressed the Committee.
Commissioner Malakoff recommended the Ordinance be bifurcated.
Commissioner Wolfson indicated that the proposed changes are not an undue restriction on
property rights and supports contextually compatible homes.
Commissioner Tobin indicated support for increased setbacks only at this time.
Commissioner Steinberg indicated that compatibility is a key concern.
Commissioner Weithorn recommended that the Ordinance be bifurcated.
Commissioner Grieco agreed with bifurcation and discussed types of ownership.
Commissioner Malakoff recommended study of larger lots vs. smaller lots, including
waterfront vs. non-waterfront lots be studied for further analysis, and possibility of a larger
unit size to be reviewed by DRB
Commissioner Tobin indicated that all homeowners should be notified of proposed changes.
MOTION: JWJM (2-1)
Recommend that the City Commission refer the proposed Ordinance as drafted to the
Planning Board.
8. DISCUSSION PERTAINING TO MAIN USE PARKING STRUCTURE HEIGHT LIMITS
ON TERMINAL ISLAND.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
JULY 8. 2015 CITY COMMISSION MEETING, ITEM C4D)
VERBAL REPORT
MOTION: Continued to the November 18,2015 meeting by acclamation.
9. DISCUSSION REGARDING ADDITIONAL HEIGHT IN THE ALTON ROAD PARKING
DISTRICT FOR PROJECTS THAT PROVIDE STRUCTURED PARKING.
(RETURNTNG FROM THE JULY 29,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JOY MALAKOFF
JULY 8. 2015 GIry GOMMISSION MEETING, ITEM C4F)
VERBAL REPORT
191
Report of the Land Use & Development Committee Meeting of September g, 2015
Page 4 of 5
AFTER.AGTION:
Mickey Marrero and Alex Heckler provided a summary of the proposal pertaining to
increased height of 10 feet and modifications to setbacks in CD-2 Districts.
MOTION: JWJM (2-1)
Recommend that the City Commission refer an Ordinance based upon the submitted proffer
to the Planning Board.
10. PROPOSED ALTON ROAD ALCOHOLIC BEVERAGE ESTABLISHMENT OVERLAY.
(REQUESTED BY THE LUDC COMMITTEE
JULY 29. 2015 LUDC MEETTNG)
AFTER.AGTION:
Commissioner Malakoff recommended moving forward with a draft Ordinance. Hours in
Sunset Harbor neighborhood and South of Fifth neighborhood should be reviewed as a
guide.
Commissioner Tobin indicated that 100 foot buffer is too small.
MOTION: Administration directed to prepare a draft Ordinance and bring back to LUDC on
October 7,2015 meeting by acclamation.
11. DISGUSSION REGARDING ALCOHOLIC BEVERAGES AS A CONDITIONAL ISSUE
IN COMMERCIAL DISTRIGTS.
(SPoNSORED BY MAYOR PHtLtP LEVTNE
JULY 31. 2015 CITY COMMISSION MEETING, ITEM C4A)
AFTER.AGTION:
Thomas Mooney introduced the item.
Javier Fernandez representing 1667 Alton Road provided comment.
Commissioner Malakoff was not supportive.
Commissioner Tobin opposed the concept.
Commissioner Wolfson indicated that it may be a bad idea.
Dr. Morris sunshine provided public comment opposing the proposal
MOTION: ET/JM (3-0)
No further action to be taken and no recommendation to move forward.
12. DISCUSSION REGARDING THE VACATION OF A PORTION OF THE ALLEY
BETWEEN ALTON ROAD AND WEST AVENUE, JUST SOUTH OF 17TH STREET -
AS PART OF A PROPOSED MIXED USE PROJECT THAT WILL INCLUDE
RESIDENTIAL, RETAIL AND STRUCTURED PARKING, INCLUDING PUBLIC
PARKING.
(SPoNSORED BY COMMTSSTONER JOy MALAKOFF
SEPTEMBER 2. 2015 CITY COMMISSION MEETING, ITEM C4I)
VERBAL REPORT
MOTION: Continued to the October 7,2015 meeting by acclamation.
13. PROPOSED AMENDMENT TO SECTION 146.306 - DEVELOPMENT REGULATIONS
IN THE CD.2 COMMERCIAL MEDIUM INTENSIry DISTRICT.
(SPoNSORED BY COMMTSSTONER MICHAEL GRTECO
192
Repoft of the Land Use & Development Committee Meeting of September 9, 2015
Page 5 of 5
SEPTEMBER 2. 2015 C!ry COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
MOTION: Continued to the October 7,2015 meeting by acclamation.
14. WASHINGTON AVENUE ZONING INCENTIVES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DtsTRlcTS AND REGULATIONS," ARTICLE !1, ,,DISTRICT
REGULATIONS," DIVISION 5, "CD.2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," TO ESTABLISH SEGTION 13.309, "WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY
THE DEVELOPMENT REGULATIONS FOR PROPERTIES FRONTING
WASHINGTON AVENUE BETWEEN 6TH STREET AND LINGOLN ROAD; BY
AMENDING CHAPTER 130, "OFF-STREET PARK!NG," ARTICLE II,
"DISTRICTS; REQUIREMENTS," TO ESTABLISH PARKING DISTRICT 7 TO
MODIFY THE PARKING REQUIREMENTS FOR THE PROPERTTES
FRONTING WASHINGTON AVENUE BETWEEN 6TH STREET AND LINGOLN;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILIW; AND AN
EFFECTIVE DATE.
(spoNSoRED By COMMTSSTONER JOy MALAKOFF
SEPTEMBER 2. 2015 CITY COMMISSION MEETING, ITEM RsE)
VERBAL REPORT
MOTION: Continued to the October 7,2015 meeting by acclamation.
fhe meeting adiourned at 5:30 p.m./\- '4
JLM/SMT/TRM/MAB
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196
OFFICE OF THE CITY MANAGER
To: Mayor and Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
MMITTEE MEMORANDUM
SUBJECT: MEETING OF THE SUSTA L|TY AND RESTLTENCY COMMTTTEE (SRC) ON
WEDNESDAY, SEPTEMBER 9,2015
A meeting of the Sustainability and Resiliency Committee was held on Wednesday, September 9
2015, in the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance:
Commissioner Michael Grieco, Commissioner Micky Steinberg, Commissioner Deedee Weithorn and
Commissioner Joy Malakoff. Members from the administration and the public were also in attendance
Meeting was called to order at: 1:07 PM
1. Mayor's Blue Ribbon on Flooding and Sea Level Rise Update
AFTER.AGTION:
Bruce Mowry, City Engineer provided an update of the last blue ribbon panel meeting. He stated
that representatives of a production company affiliated with National Geographic are scheduled
to attend the meeting at the end of the month to continue filming a documentary on sea level rise.
The crew will also be present to record events scheduled at the end of the month.
He explained that the Sunset Harbor projects are moving on schedule. The paving of 20th Avenue
and Sunset Drive will begin when parking issues are resolved. He added that an item to
complete the entire Sunset Harbor neighborhood will most likely be added to the next
commission meeting agenda.
Dr. Mowry stated that during the last high tide event in August the streets have been kept dry.
However, king tides that are predicted to occur in September will most likely raise the water
higher than expected. To combat this concern, water barriers will be installed to serve as
temporary dams. Commissioner Grieco inquired about the long terms solutions for areas that will
have barriers. Dr. Mowry responded that sea walls and an approximately three pumps will be
installed along 24th to 41't Street.
Lastly, Dr. Mowry explained that William Lane is finalizing his recommendations on
screening/covering electrical panels. These recommendations will go to the proper committees in
addition to the Design Review Board.
David Martinez, CIP Director provided an update on the ongoing Capital lmprovement Projects in
the City. A meeting was held with the Palm and Hibiscus community to discuss the 60% design
drawings. He added that general feedback from the community involved concerns over parking.
MOTION: No further action taken.
To request this material in accessible format, sign language interpreters, information on access for persons with disabil,J^e Agenda nem C 0 Breview any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-72' '
initiate your request. TTY users may alsocali 7i1 (Florida Relay Seiice). Oate /O -('/ {-197
2.Sustainability Committee Update
Dave Doebler, Committee Chairman provided an update of the last Sustainability Committee
Meeting. He added that staff at the City is currently evaluating different models of storm drain
gratings to determine which one is most effective.
Mr. Doebler added that he has worked with organizers of the Floatopia event to minimize the
amount of litter that is created by individuals. He explained that the City of Miami Beach was a lot
more involved within the event and had a larger police presence.
MOTION: No further action taken.
Discussion Regarding AECOM's progress on the Development of the City's
Gomprehensive Resiliency Program
Marcia Tobin, Vice President of Planning + Design for AECOM explained that they are in the first
part of the resiliency plan development. She explained that the intent is to build resiliency into the
City's program and across the board in order to promote economic viability and maintain the
resiliency of infrastructure in the built environment. A presentation was held at the Blue Ribbon
Panel regarding the code review revisions. AECOM will come back at the end of September to
provide a detailed update. The code recommendations were split into three phases. The first
phase will involve the items that require immediate action such as setbacks and building heights.
The second will involve items that require more time such as green infrastructure and historic
building inventory. The third phase includes long term recommendations and guidelines the City
should consider.
MOTION: ltem to be continued at the October 28,2015 Sustainability and Resiliency Committee.
Referral Designating A Department Or Specific Employees to Develop And Oversee Sound
And Comprehensive Policy Regarding Climate Change
After-Action:
Susanne Torriente, Assistant City Manager introduced herself to the committee and announced
her role at the City.
MOTION: ltem to be continued atthe October 28,2015 Sustainabilityand ResiliencyCommittee.
5. Discussion Regarding the lncorporation of Green Alleys
Elizabeth Wheaton provided an update on the currently development of green alleys within the
City. She explained that the Lincoln Road Master Plan is looking into Lincoln Lane North to
determine whether elements of green alleys could be added into that section. Other areas are
currently being identified on how green alleys could be incorporated in residential areas and
around existing utilities. Public works and environmental staff will continue working on this
program and an update will be given at the October 28,2015 SRC meeting.
Commissioner Weithorn asked that the Planning Department assist in this initiative in order to
involve private properties within the project.
MOTION: ltem to be continued atthe October 28,2015 Sustainabilityand ResiliencyCommittee.
4.
198
6. Discussion to lmprove the Resiliency of Government Buildings and Operations to Reduce
and Mitigate the lmpacts of Greenhouse Gases.
Elizabeth Wheaton explained that at the October 28,2015 SRC meeting, the division will provide
an update on the research as to how the City can lower its greenhouse gas emissions.
Commissioner Grieco requested that staff expand their research to products such as blowers and
other items that are not petrol driven.
MOTION: ltem to be continued at the October 28,2015 Sustainability and Resiliency Committee.
Meeting adjourned at 1:50 PM
4?
JLM/SMT/ESWA/P
199
THIS PAGE INTENTIONALLY LEFT BLANK
200
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:,..:!,' i;,. /,.: t..I
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rffiffi
€ity of Miomi Beoch, ,l700
Convention Cenler Drive, Miomi Beoch, Florido 33,I 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Members of the Finance and C
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: REPORT OF THE FINA AND CITYWIDE PROJECTS
COMMITTEE MEETING ON OCTOBER 5,2015
The agenda is as follows:
NEW BUSINESS
1. Discussion Regarding Land Use & Development Committee And The
Planning Board For The Review Of All Planning Fees, lncluding Fees
Associated With Plans Review, Board Applications And Other Ministerial
Functions
ACTION
The Committee recommended moving this item to Land Use and the Commission
with the proposed amendments that states:. Commercial Permit fees for Planning, Fire, and Public Works will be .70o/o ot
the job value of construction, with a minimum fee of $70.00 for commercial
permits per reviewing department.o Residential Permit Fees for Planning, Fire and Public Works will be .50% of the
job value of construction, with a minimum fee of $50.00 per reviewing
department.. Various "stand-alone" and flat fees in "Appendix A" are also being updated
based on CPI.
2. Discussion Regarding A New Lease Agreement Between The City And
Community Aids Resource, lnc. (D/B/A/Care Resource) (Tenant), For The
Use Of Approximately 1,926 Square Feet Of City-Owned Property, Located
At 1701 Meridian Avenue, Suite 400, Miami Beach, Florida (Premises), For A
Term Of One (1) Year, With One (1) Renewal Option (Subject To The City's
Approval) For One (1) Additional Year
ACTION
The Gommittee moved this item to Commission with no recommendation.
Aoenda ltem C0 C
DateW201
3. Discussion Regarding the Betsy Air Rights Agreement
ACTION
The Committee recommended moving forward with the Grant of Easement for Air
Rights across Ocean Court for $240,000 and recommend the funds be used
towards the "greening" of Ocean Court.
4. Discussion Regarding Biscayne Point lsland Entrance Enhancement
ACTION
The Committee recommended moving foruvard with the request to add $334,400 for
the Biscayne Point lsland Neighborhood lmprovements in order to be able to proceed
with the Biscayne Point lsland entrance Enhancement project pending that staff verify
where the funding was coming from before it goes to Commission.
5. Discussion On Establishment Of A Special Assessment District For Sunset
lslands 3 And 4 For Conversion Of The Franchise Utilities From Above
Ground To Underground
ACTION
The Committee recommended moving this item to the Commission to adopt the
resolution to create the special assessment district, which will allow City Staff to
begin securing financing for the project.
6. A Discussion Relating To A Ninety-Nine (99) Year Ground Lease Agreement
Between The City And The Sabrina Cohen Foundation, lnc. (The
Foundation), For Approximately 5,100 Square Feet O"t City-Owned Land At
Allison Park For The Proposed Wellness Center
ACTION
The Committee recommended moving fonrard with the ground lease for the use of
the Gity-owned land for the development of the Wellness Genter as per the term
sheet.
202
c7
RESOLUTIONS
203
COMMISSION ITEM SUMMARY
Condensed Title:
Kev lntended Outcome Supported:
1) Enhance external and internal communication from and within the City; 2) and 3) Ensure
comprehensive mobility addressing all modes throughout the City; 4) lmprove cleanliness, city beaches;
5) N/A; 6) Maximize the Miami Beach brand as a world-class destination.
emergency/hurricane preparedness as excellenVgood; 2) and 3) "lmprove traffic" and "lncrease and
improve public transportation" were both among the top ten recommendations of how to best improve
the quality of life in Miami Beach; 4) The City's efforts to "address homelessness" was a key driver for
resident respondents in how they view the City as a place to live, view city government on meeting
expectations and if they would recommend the City as a place to live; "A lot of homeless" was rated
amongst the top five things that have a negative impact on the quality of life on Miami Beach. Based on
the Census Count (January, 2012), the number of homeless in Miami Beach has decreased from 239 in
FY 2004105 to 106 in FY 2012113; 5) The Fire Department has experienced more than a 9% increase in
number of pre-hospital care calls for service from 14,865 in 2001 to 16,243 in 2011 ; and 6) The typical
resident visited Ci areas 58 times during 2012, an increase from 47 times in 2009.
Item Summary/Recommendation :
A Resolution approving and authorizing the City Manager or his designee to apply for, accept, and
appropriate funding (including matching funds and any related city expenses), and execute any and all
documents or agreements in connection with grants and funding requests from the following sources: 1)
State Farm, Good Neighbor Citizenship Company Program, in the approximate amount of $100,000; 2)
Florida Department of Transportation (FDOT) for the State Transportation lnnovation Councll lncentive
Program; 3) Florida Department of Transportation for The Accelerated lnnovation Deployment
Demonstration Program; 4) Miami-Dade County Homeless Trust, in the approximate amount of
$100,000 for the City's Homeless Outreach Program; 5) Miami-Dade County for FY 2015116
Emergency Medical Services grant funds in the approximate amount of $20,000; and, 6) Florida Junior
Golf Council for qrant funds in the amount of $4,000.
Financial lnformation:
Financial lmpact Summary: N/A
Grant Name/Project
State Farm/Good Neighbor Citizenship
Company Program
Funding Agency will
determine apply/award
amount
FDOT/ State Transportation lnnovation
Council lncentive Program
Funding Agency will
determine apply/award
amount
FDOT/ Accelerated I nnovation
Deployment Demonstration Program
MDC Homeless TrusVHomeless
Outreach
$16,000/Communi
ty Services FY
15/16 Operating
Florida Junior Golf Council/Normandy
Shores Youth Golf
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
_-Assistant City Manager
MIAMIBEACH o:;iruT-K204
MIAMIBEACH
City of Miomi Beoch, 1700 Conveniion Cenler Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members the City mission
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, AND
APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND ANY
RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL
DOCUMENTS OR AGREEMENTS IN CONNECTION WITH GRANTS AND
FUNDING REQUESTS FROM THE FOLLOWING SOURCES: 1) STATE
FARM, GOOD NEIGHBOR CITIZENSHIP COMPANY PROGRAM, IN THE
APPROXIMATE AMOUNT OF $100,000; 2) FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE STATE TRANSPORTATION INNOVATION
COUNCIL INCENTIVE PROGRAM; 3) FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE ACCELERATED INNOVATION
DEPLOYMENT DEMONSTRATION PROGRAM; 4) MIAMI-DADE COUNTY
HOMELESS TRUST, !N THE APPROXIMATE AMOUNT OF $64,000, FOR
THE CITY'S HOMELESS OUTREACH PROGRAM; 5) MIAMI-DADE
COUNTY, IN THE APPROXIMATE AMOUNT OF $2O,OOO FOR THE FY
2015116 EMERGENCY MEDICAL SERVICES GRANT; AND, 6) FLORIDA
JUNIOR GOLF COUNCIL IN THE APPROXIMATE AMOUNT OF $4,OOO.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to State Farm for the Good Neiqhbor
Citizenship Companv Grant Prooram. in the approximate amount of $100.000.
The State Farm Youth Advisory Board started in 2006 and has funded more than $28.6
million youth-lead service-learning projects to solve issues important to State Farm and
communities across the United States.
lf funded, the City will implement the Youth Lead Empower Act During Emergency
Response Situations (Y-LEADERS) program. This program will engage and empower
high school students, while focusing on natural and social disaster related issues and
activities. The program is also designed to increase students' knowledge and skills
related to disaster awareness, preparedness, response, recovery; scholastic proficiency;
increased leadership; civic engagement; and, cultural competency skills. This program
205
Commission Memorandum
Page 2
will provide experience and a sense of safety and security, so that young participants are
equipped to lead and educate in a variety of diverse critical circumstances and act
appropriately in order to strengthen the preparedness capabilities as a whole
community.
Through the Y-LEADERS program, the students will educate, train, and engage their
families, peers, and community members. Participants will also have a direct connection
and ability to bring vital information and resources to their families and community
members that will strengthen their ability to become disaster informed and prepared. The
program is also designed to increase a young person's leadership abilities and
understanding.
The City intends to applyfor $100,000, and this grant does not require matching funds.
This project supports the key intended outcome to enhance external and internal
communication from and within the City.
2. Approval to submit an aoplication to Florida Department of Transportation for The
State Transportation lnnovation Council lncentive Proqram.
The State Transportation lnnovation Council (STIC) is the leadership platform in every
State to identify critical needs, find best solutions, and to get them into practice quickly.
Their role is to help facilitate the deployment of innovations and engage the various
stakeholders within the State. Funds are provided through the Florida Department of
Transportation.
The City intends to apply for funding for the ITS program, which intends to relieve traffic
congestion by implementing Demand Management and Parking Management Systems
to include Adaptive Signal Control Technologies and Travelers lnformation Systems. As
part of the Demand Management System, the City plans to retrofit intersections with
Real Time Adaptive Signal Control Technology. The project also plans to address the
monitoring of corridors by installing pantilt-zoon (PTZ) cameras on high traffic and high
incident zones as well as install travel{ime devices along arterial roadways. This grant
does not require matching funds. This project supports the key intended outcome to
ensure comprehensive mobility addressing all modes throughout the City.
3. Approval to submit an application to Florida Department of Transportation for The
Accelerated lnnovation Deplovment Demonstration Prooram.
The Federal Highway Administration (FHWA) Accelerated lnnovation Deployment (AlD)
Demonstration grant program provides incentive funding for eligible entities to accelerate
the implementation and adoption of innovation in highway transportation. Projects
eligible for funding shall include proven innovative practices or technologies, including
infrastructure and non-infrastructure strategies or activities, which the applicant or
subrecipient intends to implement and adopt as a significant improvement from their
conventional practice. Funds are provided through the Florida Department of
Transportation.
The City intends to apply for funding for the lTS program. The City intends to apply for
funding for the ITS program, which intends to relieve traffic congestion by implementing
206
Commission Memorandum
Page 3
Demand Management and Parking Management Systems to include Adaptive Signal
Control Technologies and Travelers lnformation Systems. As part of the Demand
Management System, the City plans to retrofit intersections with Real Time Adaptive
Signal Control Technology. The project also plans to address the monitoring of corridors
by installing pantilt-zoon (PTZ) cameras on high traffic and high incident zones as well
as install travel-time devices along arterial roadways. This grant does not require
matching funds. This project supports the key intended outcome to ensure
comprehensive mobility addressing all modes throughout the City.
4. Approval to submit an application to the Miami-Dade Countv Homeless Trust in
the aoproximate amount of $64.000 for the Citv's Homeless Outreach Prooram.
The U.S. Department of Housing and Urban Development (U.S. HUD) has issued a
Notice of Funding Availability (NOFA) for its Continuum of Care Program, which is the
primary Federalfunding source for homeless assistance programs. All current U.S. HUD
funded projects with program funding expiring in calendar year 2016 must request
renewal funding through this competitive process. The Miami-Dade County Homeless
Trust serves as the applicant for U.S. HUD NOFA funds on behalf of the Miami-Dade
County Continuum of Care (MDCoC) system. The MDCoC system encompasses all of
Miami- Dade County, including all municipalities. All local entitlement jurisdictions are
part of the MDCoC system, and the "Collaborative Application" will contain projects
submitted by project applicants.
The City has received these funds since 2003 to support the salaries of Homeless
Outreach staff in the City's Housing and Community Services Department. As such, the
City intends to apply for continuation of funding, in the approximate amount of $64,000,
through this collaborative application. A match of at least 25o/o is required, and matching
funds in the amount of $25,000 are available from the Housing and Community Services
Department FY 2015/16 Operating Budget. This project supports the key intended
outcome to improve cleanliness.
5. Approval to submit an application to Miami-Dade Countv for FY 2015/16
Emerqencv Medical Services (EMS) Countv qrant funds throuqh the State of
Florida. Department of Health. in the approximate amount of $20.000 to improve
and expand pre-hospital emergencv services
The Florida Department of Health is authorized by chapter 401, Part ll, Florida Statutes
to provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services. These grants are awarded only to Boards of
County Commissioners, but may subsequently be distributed to municipalities and other
agencies involved in the provision of EMS pre-hospital care. Miami-Dade County makes
these funds available to cities within the County; the level of funding is based on each
Fire Department's call volume. The funds are derived by the State from surcharges on
various traffic violations and funds must be used solely to improve and expand
prehospital EMS.
The City intends to apply for funding in the approximate amount of $20,000 to support
the Fire Department's pre-hospital Emergency Medical Services (EMS); funds may be
requested for EMS materials, supplies, training, equipment, and reference library
materials. This grant does not require matching funds.
207
Commission Memorandum
Page 4
6. Approval to submit an application to Florida Junior Golf Council for qrant funds in
the amount of $4.000 to offer vouth from the Normandv Shores Park Youth
Center qolf instruction
The Normandy Shores Golf Course Youth Clinic was founded in 2008, and is a youth
program started in conjunction with the re-opening of the Normandy Shores Golf Course.
The mission of the program is to impact the lives of young people by providing learning
facilities and educational programs that promote character development and life-
enhancing values through the game of golf. Research shows that the primary reason
more children (and especially economically disadvantaged children) do not play golf is
because of: (1) the lack of places that welcomed them, (2) transportation challenges,
and (3) lack of affordability.
The Normandy Shores Golf Course Youth Clinic is a way to bring golf to youth who
otherwise would not be exposed to the game and its positive values. The goal of the
program is to establish a quality and self-sustaining golf learning program that will
provide youth with an avenue to learn the fundamentals of golf along with the values of
the game of golf including rules, etiquette, history, tradition, and respect. Additionally, the
program is committed to provide ongoing access to each graduate as a way to complete
and achieve our goal.
The City intends to apply for funding to support the Normandy Shores Golf Course Youth
Clinic; funds may be requested in the approximate amount of $4,000 for golf instruction,
course access and/or practice range facility access, life skills training/curriculum, golf
equipment, transportation provided for participants, snacks, clothing, and fees. This
grant does not require matching funds. This project supports the key intended outcome
to maximize the Miami Beach brand as a world class destination.
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
approving and authorizing the City Manager or his designee, to apply for, accept, and
appropriate funding (including matching funds and any related City expenses), and
execute any and all documents or agreements in connection with grants and funding
requests from the following sources: 1) State Farm, Good Neighbor Citizenship
Company Program, in the approximate amount of $100,000; 2) Florida Department of
Transportation for the State Transportation lnnovation Council lncentive Program; 3)
Florida Department of Transportation for The Accelerated lnnovation Deployment
Demonstration Program; 4) Miami-Dade County Homeless Trust, in the approximate
amount of $64,000, for the City's Homeless Outreach Program; and, 5) Miami-Dade
County, in the approximate amount of $20,000, for the FY 2015/16 Emergency Medical
Services grant; and, 6) Florida Junior Golf Council in the amount of $4,000.
JLM/JWJMH
T:\AGENDA\20 1 S\OctobeAGrants Memo.docx
208
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY FOR, ACCEPT, AND EXECUTE ANY AND ALL
DOCUMENTS OR AGREEMENTS IN CONNECTION WITH
GRANTS AND FUNDING REQUESTS FROM THE FOLLOWING
SOURCES, AND AUTHORIZING THE APPROPRIATION OF
SUCH FUNDS (INCLUDING MATGHING FUNDS AND ANY
RELATED CITY EXPENSES): 1) STATE FARM, GOOD
NEIGHBOR CITIZENSHIP COMPANY PROGRAM, IN THE
APPROXIMATE AMOUNT OF $100,000; 2l FLORIDA
DEPARTMENT OF TRANSPORTATION, STATE
TRANSPORTATION INNOVATION COUNCIL !NCENTIVE
PROGRAM; 3) FLORIDA DEPARTMENT OF
TRANSPORTATION,ACCELERATED INNOVATION
DEPLOYMENT DEMONSTRATION PROGRAM; 4) MIAMI-DADE
COUNry HOMELESS TRUST, IN THE APPROXIMATE
AMOUNT OF $64,000, FOR THE CITY'S HOMELESS
OUTREAGH PROGRAM; 5) MIAMI-DADE COUNTY, FY 2015116
EMERGENCY MEDICAL SERVICES GRANT, !N THE
APPROXIMATE AMOUNT OF $20,000; AND, 6) FLORIDA
JUNIOR GOLF COUNCIL, IN THE APPROXIMATE AMOUNT OF
$4,000.
WHEREAS, City staff has requested the approval of the City Commission to submit an
application to State Farm for the Good Neighbor Citizenship Company Grant Program, for
funding in the approximate amount of $100,000, the details of which are follows:
o The State Farm Youth Advisory Board started in 2006 and has funded more than $28.6
million youth-lead service-learning projects to solve issues important to State Farm and
communities across the United States.
o lf funded, the City will implement the Youth Lead Empower Act During Emergency
Response Situations (Y-LEADERS) program This program will engage and empower
high school students, while focusing on natural and social disaster related issues and
activities.
o The program is also designed to increase students' knowledge and skills related to
disaster awareness, preparedness, response, and recovery; scholastic proficiency;
increased leadership; civic engagement; and cultural competency skills.
. This program will provide experience and a sense of safety and security, so that young
participants are equipped to lead and educate in a variety of diverse critical
circumstances and act appropriately in order to strengthen the City's preparedness
capabilities as a whole community.
209
. Through the Y-LEADERS program, the students will educate, train, and engage their
families, peers, and community members.
. Participants will also have a direct connection and ability to bring vital information and
resources to their families and community members that will strengthen their ability to
become disaster informed and prepared.
. The program is also designed to increase a young person's leadership abilities and
understanding.
. The City intends to apply for $100,000, and this grant does not require matching funds.
. This project supports the City's key intended outcome of enhancing external and internal
communication from and within the City; and
WHEREAS City staff has requested the approval of the City Commission to submit an
application to Florida Department of Transportation for the State Transportation lnnovation
Council lncentive Program, the details of which are follows:
o The State Transportation lnnovation Council (STIC) is a leadership platform established
in every State to identify critical needs, find best solutions, and to effectuate such
solutions quickly.
. STIC's role is to help facllitate the deployment of innovations and engage the various
stakeholders within the State.
o Funds are provided through the Florida Department of Transportation.
o The City intends to apply for funding for the ITS program, to relieve traffic congestion by
implementing Demand Management and Parking Management Systems to include
Adaptive Signal Control Technologies and Travelers lnformation Systems.
. As part of the Demand Management System, the City plans to retrofit intersections with
Real Time Adaptive Signal Control Technology.
o The project also plans to address the monitoring of corridors by installing pan-tilt-zoon
(PTZ) cameras on high traffic and high incident zones as well as install travel-time
devices along arterial roadwaYs.
. This grant does not require matching funds.
. This project supports the City's key intended outcome of ensuring comprehenslve
mobility addressing all modes throughout the City; and
WHEREAS City staff has requested the approval of the City Commission to submit an
application to Florida Department of Transportation for the Accelerated lnnovation Deployment
Demonstration Program, the details of which are follows:
. The Federal Highway Administration (FHWA) Accelerated lnnovation Deployment (AlD)
Demonstration grant program provides incentive funding for eligible entities to accelerate
the implementation and adoption of innovation in highway transportation.
210
. Projects eligible for funding shall include proven innovative practices or technologies,
including infrastructure and non-infrastructure strategies or activities, which the applicant
or subrecipient intends to implement and adopt as a significant improvement from their
conventional practice.
. Funds are provided through the Florida Department of Transportation.
. The City intends to apply for funding for the ITS program, to relieve traffic congestion by
implementing Demand Management and Parking Management Systems to include
Adaptive Signal Control Technologies and Travelers I nformation Systems.
o As part of the Demand Management System, the City plans to retrofit intersections with
Real Time Adaptlve Signal Control Technology.
. The project also plans to address the monitoring of corridors by installing pan{ilt-zoon
(PTZ) cameras on high traffic and high incident zones as well as install traveltime
devices along arterial roadways.
. This grant does not require matching funds.
. This project supports the City's key intended outcome of ensuring comprehensive
mobility addressing all modes throughout the City; and
WHEREAS, City staff has requested the approval of the City Commission to submit an
application to the Miami-Dade County Homeless Trust, for funding in the approximate amount of
$64,000 for the City's Homeless Outreach Program, the details of which are follows:
. The U.S. Department of Housing and Urban Development (U.S. HUD) has issued a
Notice of Funding Availability (NOFA) for its Continuum of Care Program, which is the
primary Federalfunding source for homeless assistance programs.
o All current U.S. HUD funded projects with program funding expiring in calendar year
2016 must request renewalfunding through this competitive process.
. The Miami-Dade County Homeless Trust serves as the applicant for U.S. HUD NOFA
funds on behalf of the Miami-Dade County Continuum of Care (MDCoC) system.
o The MDCoC system encompasses all of Miami-Dade County, including all
municipalities.
o All local entitlement jurisdictions are part of the MDCoC system, and the "Collaborative
Application" will contain projects submitted by project applicants.
o The City has received these funds since 2003 to support the salaries of Homeless
Outreach staff in the City's Housing and Community Services Department.
. As such, the City intends to apply for continuation of funding, in the approximate amount
of $64,000, through this collaborative application.
211
. A match of at least 25o/o is required, and matching funds in the amount of $25,000 are
available from the Housing and Community Services Department FY 2015116 Operating
Budget.
o This project supports the City's key intended outcome of improving cleanliness on the
City's beaches; and
WHEREAS, City staff has requested the approval of the City Commission to submit an
application to Miami-Dade County for FY 2015116 Emergency Medical Services (EMS) County
grant funds, in the approximate amount of $20,000, through the State of Florida Department of
Health, to improve and expand pre-hospital emergency services, the details of which are
follows:
o The Florida Department of Health is authorized by chapter 401, Part ll, Florida Statutes
to provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services.
. These grants are awarded only to Boards of County Commissioners, but may
subsequently be distributed to municipalities and other agencies involved in the
provision of EMS pre-hospital care.
. Miami-Dade County makes these funds available to cities within the County; the level of
County funding is based on each Fire Department's call volume.
. The funds are derived by the State from surcharges on various traffic violations, and
such funds must be used solely to improve and expand prehospital EMS.
. The City intends to apply for funding in the approximate amount of $20,000 to support
the Fire Department's pre-hospital Emergency Medical Services (EMS). Such funds may
be requested for EMS materials, supplies, training, equipment, and reference library
materials.
o This grant does not require matching funds; and
WHEREAS, City staff has requested the approval of the City Commission to submit an
application to Florida Junior Golf Council for grant funds in the amount of $4,000 to offer golf
instruction to youth at the Normandy Shores Park Youth Center, the details of which are follows:
. The Normandy Shores Golf Course Youth Clinic was founded in 2008, in conjunction
with the re-opening of the Normandy Shores Golf Course.
o The mission of the program is to impact the lives of young people by providing learning
facilities and educational programs that promote character development and life-
enhancing values through the game of golf.
. Research shows that the primary reason more children (and especially economically
disadvantaged children) do not play golf is because of (1) the lack of places that
welcomed them, (2) transportation challenges, and (3) lack of affordability.
212
. The Normandy Shores Golf Course Youth Clinic is a dynamic approach to bringing golf
to youth who otherwise would not be exposed to the game and its positive values.
o The goal of the program is to establish a high-quality and self-sustaining golf learning
program that will provide youth with an avenue to learn the fundamentals of golf along
with the values of the game of golf including rules, etiquette, history, tradition, and
respect.
o Additionally, the program is committed to provide ongoing access to each graduate as a
way to complete and achieve our goal.
o The City intends to apply for funding to support the Normandy Shores Golf Course Youth
Clinic. Funds may be requested in the approximate amount of $4,000 for golf instruction,
course access, and/or practice range facility access, life skills training/curriculum, golf
equipment, transportation provided for participants, snacks, clothing, and fees.
o This grant does not require matching funds.
. This project supports the City's key intended outcome of maximizing the Miami Beach
brand as a world class destination.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission of the
City of Miami Beach, Florida hereby approve and authorize the City Manager or hls designee to
apply for, accept, and execute any and all documents or agreements in connection with grants
and funding requests from the following sources, and authorize the appropriation of such funds
(including matching funds and any related City expenses): 1) State Farm, Good Neighbor
Citizenship Company Program, in the approximate amount of $100,000; 2) Florida Department
of Transportation, State Transportation lnnovation Council lncentive Program; 3) Florida
Department of Transportation, Accelerated lnnovation Deployment Demonstration Program; 4)
Miami-Dade County Homeless Trust, in the approximate amount of $64,000, for the City's
Homeless Outreach Program; 5) Miami-Dade County, FY 2015116 Emergency Medical Services
grant, in the approximate amount of $20,000; and 6) Florida Junior Golf Council, in the amount
of $4,000.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
F :\ATTO\KALN\RESOLUTI ON S\G rants Reso October 20 1 5.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RL06,,\- to(altJ----- :
CitY Attorney uole
\"r{L
213
Clerk's Office
ingo Park Soccer Fie,c\FLPKtulP - SUNll\zlARY.docx
COMMISSION ITEM SUMMARY
n c7B&
-
Condensed Title:
And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager To Approve
And Execute The Renovation Of The Existing Soccer Field With Artificial Turf For The Flamingo Park Master Plan Project Utilizing
The Existing National Joint Powers Alliance (Njpa) Contract ln The Amount Of $686,080 Plus Ten Percent Owner's Contigency ln
The Amount Of S68,608 For A Total Of $754,688 With Previ F
pporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over
residents rated recently completed capital im
Item
On September 05, 2007, pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted
Resolution No. 2007-26609 approving and authorizing the Mayor and City Clerk to execute an Agreement with Wolfberg/Alvarez
and Partners, lnc. (Consultant), for Professional Architecture and Engineering Services for the Flamingo Park Project. On March
27,2008 the Consultant was retained to prepare a master plan and provide for the detailed planning, design, permitting, bidding /
award and construction administration for the Project. The City Commission approved the Master Plan at its September 09, 2009
meeting and the Basis of Design Report (BODR) was issued November 2009.
The design and construction of the new tennis center was completed in June 2012 and the Footballffrack and Field was
completed in September 2013. ln December 2013, the City Commission adopted Resolution No.2014-28449 amending the
professional services agreement with the Consultant to provide professional services associated with the design of the remaining
Park improvements, which consist of a community garden, baseball field renovation, the Lodge building renovation, new park
entrance features, enhanced pedestriani bike paths, a new interactive water feature, teenage activity, lighting enhancements,
signage, drainage, landscaping and irrigation.
The City of Miami Beach Parks and Recreation Department (Parks) carries out an intramural and a travel soccer program for
children ages 5 through 16. These teams practice and play their home games at City Parks. The Flamingo Park Soccer Field is
currently closed due to the poor condition of the field. Since there are no other regulation sized fields, the players are currently
having to use the baseball outfield, the softball outfield and the football field at Flamingo Park when available. The loss of the
soccer field at Flamingo Park has resulted in the team practices and games being displaced. The teams have also been utilizing
the fields at Fainvay Park and Normandy lsle Park but neither one of these fields is regulation size so they cannot be used to hold
home games. The lack of capacity to carry out these programs has presented a hardship on the players, coaches and other park
users as the use of the fields limits the use by other park patrons.
On July 14,2015, Amendment No. 7 to the Agreement between Wolfberg/Alvarez and Partners, lnc. and the City of Miami Beach
was executed for additional architectural and engineering services associated with the renovation of the existing soccer field,
including replacement of sod with synthetic turf and site drainage in and around the field.
As a result of the constant use of the soccer field, the City is unable to properly maintain the sod requiring annual sod
replacement. The use of synthetic turf will allow use of the field year round with minor maintenance. The synthetic turf being
specified is fabricated by the same manufacturer as the one recently installed at the Flamingo Football Field. Parks is very pleased
with the characteristics of the synthetic turf material, the performance of the football field and its maintenance process.
Through the NJPA process, tvvo Contractors were identified to have the qualifications and experience in performing the required
scope. Shiff Construction Development, lnc. (contractor) was responsive and on September 17,2015, the City met with the
contractor at the Flamingo Park soccer field site to identify the necessary scope for the project. On September 29, 2015, the
Contractor submitted a bid proposal utilizing the NJPA cooperative @ntract system in the amount of $697,047 to include drainage,
grading, artificial turf, electrical conduits and restoration of surrounding sod and landscape areas. Further discussions were held
with the Contractor and on September 30, 2015, a revised proposal was submitted in the amount of $686,080.
The IQC proposal received exceeds the $250,000 threshold limit approved by the City Commission for projects through the NJPA
IQC contract award. Accordingly, approval is required to exceed the $250,000 project threshold limit in order to move forward with
the completion of this project, and in an effort to meet the proposed completion goal of April 2016, to coincide with the
commencement of the Spring Soccer Season. The total contract amount to be approved is $686,080, plus owner's contingency in
the amount of $68,608, for a total of $754,688.
The cost proposal submitted by the Contractor was analyzed and was found to be consistent with the cost of the recently
completed Flamingo Park Football Field.
The Administration recommends approval of the resolution.
Frnancral
lnformation:
Amount Account
';H'p 1 s754,688 305-2963-069357 SB Quality of Life Resort Tax Fund
Total $754,688
Financial lmpact Summary: N/A
David Martinez, Ext. 6972
MIAMWEAC,H AGE*D&
e$= /0-/q-/{214
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS MEMORANDUM
Mayor Philip Levine and Members the C
Jimmy Morales, City Manager
October 14,2015
A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPROVE AND EXECUTE THE RENOVATION OF THE EXISTING
SOCCER FIELD WITH ARTIFICIAL TURF FOR THE FLAMINGO PARK
MASTER PLAN PROJECT UTILIZING THE EXISTING NATIONAL JOINT
POWERS ALLTANCE (NJpA) CONTRACT tN THE AMOUNT OF $686,080
PLUS TEN PERCENT OWNER'S CONTIGENCY IN THE AMOUNT OF
$68,608 FOR A TOTAL OF $754,688 WITH PREVIOUSLY
APPROPRIATED FUNDING
FUNDING
$754,688 305-2963-069357 SB Quality of Life Resort Tax Fund
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
On September 05, 2007 , pursuant to Request for Qualifications (RFO) No. 15-06/07, the Mayorand
City Commission adopted Resolution No.2007-26609 approving and authorizing the Mayorand City
Clerk to execute an Agreement with Wolfberg/Alvarez and Partners, lnc. (Consultant), for
Professional Architecture and Engineering Services for the Flamingo Park Project. On March 27 ,
2008 the Consultant was retained to prepare a master plan and provide for the detailed planning,
design, permitting, bidding I award and construction administration for the Project.
The City Commission approved the Master Plan at its September09, 2009 meeting and the Basis of
Design Report (BODR) was issued November 2009.
The design and construction of the new tennis center was completed in June 2012 and the
Football/Track and Field was completed in September 2013. ln December 2013, the City
Commission adopted Resolution No. 201 4-28449 amending the professional services agreement
with the Consultant to provide professional services associated with the design of the remaining
Park improvements, which consist of a community garden, baseball field renovation, the Lodge
TO:
FROM:
DATE:
SUBJECT:
215
City Commission Memorandum -Authorization To Use Existing NJPA Contract for Flamingo Park Soccer
Field Renovation
October 14,2015
Page 2 of 3
building renovation, new park entrance features, enhanced pedestrian/ bike paths, a new interactive
water feature, teenage activity, lighting enhancements, signage, drainage, landscaping and
irrigation.
At the July 25,2014 Neighborhoods/Community Affairs Committee, Administration approached the
committee with the opportunity to discuss the Flamingo Park Master Plan and presented options to
continue as planned or revise the plan in order to incorporate elements that satisfy the current needs
of the community. The Committee agreed with the Administration's recommendation forthe Master
Plan to include the renovation of the soccer and softball fields with artificial turf, among other things.
ANALYSIS
The City of Miami Beach Parks and Recreation Department (Parks) carries out an intramural and a
travel soccer program for children ages 5 through 16. These teams practice and play their home
games at City Parks. The Flamingo Park Soccer Field is currently closed due to the poor condition
of the field. Since there are no other regulation sized fields, the players are currently having to use
the baseball outfield, the softball outfield and the footballfield at Flamingo Parkwhen available. The
loss of the soccer field at Flamingo Park has resulted in the team practices and games being
displaced. The teams have also been utilizing the fields at Fairway Park and Normandy lsle Park
but neither one of these fields is regulation size so they cannot be used to hold home games. The
lack of capacity to carry out these programs has presented a hardship on the players, coaches and
other park users as the use of the fields limits the use by other park patrons.
On July 14,2015, Amendment No. 7 to the Agreement between Wolfberg/Alvarezand Partners, lnc.
and the City of Miami Beach was executed for additional architectural and engineering services
associated with the renovation of the existing soccer field, including replacement of sod with
synthetic turf and site drainage in and around the field.
As a result of the constant use of the soccer field, the City is unable to properly maintain the sod
requiring annual sod replacement. The use of synthetic turf will allow use of the field year round with
minor maintenance. The synthetic turf being specified is fabricated by the same manufacturer as the
one recently installed at the Flamingo Football Field. Parks is very pleased with the characteristics of
the synthetic turf material, the performance of the football field and its maintenance process.
The IQC process is used extensively by the local, state and federal governmental agencies
throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services
competitively awarded by the National Joint Powers Alliance (NJPA)to the Gordian Group.
Through the NJPA process, two Contractors were identified to have the qualifications and
experience in performing the required scope. Shiff Construction Development, lnc. (contractor) was
responsive and on September 17, 2015, the City met with the contractor at the Flamingo Park
soccer field site to identify the necessary scope for the pro1ect. On September 29, 2015, the
Contractor submitted a bid proposal utilizing the NJPA cooperative contract system in the amount of
$697,047 to include drainage, grading, artificial turf, electrical conduits and restoration of
surrounding sod and landscape areas. Further discussions were held with the Contractor and on
September 30, 2015, a revised proposal was submitted in the amount of $686,080.
The IQC proposal received exceeds the $250,000 threshold limit approved by the City Commission
for projects through the NJPA IQC contract award. Accordingly, approval is required to exceed the
216
City Commission Memorandum -Authorization To Use Existing NJPA Contract for Flamingo Park Soccer
Field Renovation
October 14, 2015
Page 3 of 3
$250,000 project threshold limit in order to move forward with the completion of this project, and in
an effort to meet the proposed completion goal of April 2016, to coincide with the commencement of
the Spring Soccer Season. The total contract amount to be approved is $686,080, plus owner's
contingency in the amount of $68,608 , for a total of $754,688.
The cost proposal submitted by the Contractor was analyzed and was found to be consistent with
the cost of the recently completed Flamingo Park Football Field.
CONCLUSION
The Administration recommends the approval of the resolution.
Attachment
Shiff Cons bvelopment lnc. Proposal
JM/ETC/J
FIT_Drive\AGENDA\201S\October\ClP\Flamingo Park Soccer Field\Commission Memo_FLPKMP Soccer.doc
217
Job Order Contract
Proposal Review Summary - CSI
Date:
Work Order #:
Title:
Contractor:
Proposal Value:
Proposal Name:
Proposal Submitted:
September 30, 2015
03s487.00
Flamingo Park Soccer Field
FL06-022912€CD - Shiff Construction & Development, lnc.
$686,079.50
Flamingo Park Soccer Field
09/30/201 5
01 - General Requirements:$60,996.27
03 - Concrete:$1,776.77
06 - Wood, Plastic, and Composites:$2,737.76
22 - Plumbing:$1,523.60
23 - Heatins, Ventllating, And Air-Conditioning (HVAC):$27,918.40
26 - Electrical:$20,845.17
31 - Earthwork:$77,639.95
32 - Exlerior lmprovements:$388,691.09
33 - Utilities:$103,9s0.49
Proposal Total
This proposal total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the orooosal total is due to roundino of lhe line totals and sub-totals
The Percent of NPP on this Proposal: 0.00%
$686,079.50
Proposal Review Summary - CSI Page 1 of 1
9t30t2015
The Gordian Group Official Webs Feedback on this ReporT by Email
PDF created with pdfFactory trial version wu,v.pdffactory.com218
Job Order Contract
Proposal Review Detail - CSI
Date: SePtember3O,2015
Work Order #: 035487.00
Titte: Flamingo Park Soccer Field
Contractor: FL06-022912-SCD - Shiff Construction & Development, lnc.
Proposal Value: $686,079.50
Proposal Name: Flamingo Park Soccer Field
Proposal Submitted: ogl3ol2o15
Rec# CSI Number Mod. UOM Doscription Line Total
- General
1 01 22 16 00{002 EA Reimbursable Fees Reimbursable Fees will be paid to the contractor for the
actual cost of all permits, without mark-up, for which a receipt or bill is
received. The Adjustment Factor applied to Reimbursable Fees will be
1.0000. The labor cost involved in obtaining all permits is in the Adjustment
Factor. The base cost of the Reimbursable Fee is $1.00. The quantity used
will adjust the base cost to the actual Reimbursable Fee (e.9. quantity of 125
= $125.00 Reimbursable Fee). lf there are multiple Reimbursable Fees, each
one shall be listed separatev with a comment in the 'note" block to identify
the Reimbursable Fees (e.9. sidewalk closure, road cut, various permits,
extended warrantee, expedited shipping costs, etc.). A copy of each receipt
shall be included with the ProDosal.
$14,242.93
Quantity Unit Price Factor Total
lnstallation i3,436.73 x I.00 x 1.0600 = $14,242.93
Contractors Note: Bond Fee on 671,836.57
Categoryl: Bond Fee
2 01 22 20 004010 HR Electrician Tasks in the CTC incfude appropriate costs to cov€r labor. These
tasks will be requested specifically by the owner for miscellaneous work
not covered in the CTC.
$4,082.90
Quantity Unit Price Factor Total
lnstallailon BO.OO x 42.41 x 1.2034 = $4,082.90
Contractors Note: (2) electrician from Musco Lighting '1 weekfor work required on plan.
Categoryl: Electrica!
3 01 2223004372 MO 1-314CY,30" Bucket, 18'4" Deep, 112 HP, Loader-BackhoeWith Full-Time
Ooerator
$13,855.07
Quantity Unit Price Factor Total
lnstallation 1.OO x 11,513.27 x 1.2034 = $13,855.07
Contractors Note: Loader to facilitate all work on-site.
Categoryl: Orainage & Base Work
4 01 71 13 00{003 EA Equipment Delivery, Pickup, Iilobilization And Demobilization Using A Tractor
Trailer With Up To 53' Bed For equipment such as bulldozers, motor
scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes,
heavy duty construction loaders, tractors, pavers, rollers, bridge finishers,
straight mast construction forklifts, telescoping boom rough t6nain
construction forklifts, telescoping and articulating boom manlifts with > 40'
boom lenqths, etc.
$518.42
Quantity Unit Price Factor
lnstallation 1 .OO x 430.80 x 1.2034 =
Total
$518.42
Category't: Drainage & Base Work
Proposal Review Detail - CSI Page 1 of 6
9130t2015
The cordian Group Officlal Webs Feedback on this Report by Email
PDF created with pdfFactory trial version MMr/.odffactory.com219
Proposal Review Detail . CSI Continued..
Date:
Work Order #:
Title:
September 30, 201 5
035487.00
Flamingo Park Soccer Field
Rec# CSI Number Mod. UOM Description Line Total
- General
5 01 71 23 16{006 HR 3 Person Survey Crew (Unit Of Measure ls Per Crew Hour Worked) lncludes
surveyor, rodman, chainman, equipment and instruments.
$3,390.31
Quantity Unit Price Factor
lnstallation 16.00 x 176.09 x '1.2034 =
Contractors Note: For layout and laser grading.
Categoryl: Drainage & Base Work
Total
$3,390.31
6 01 74 19 004025 CY Excavated Dirt Landfill Dump Fee
Quantity tJnit Price Factor Total
lnstallation 1,123.00 x 14.13 x 1.2034 = $19,095.54
Contractors Note: 1021 cy excavated ftll+ 10% swell factor removed and disposed.
Categoryl: Drainage & Base Work
7 01 74 19 00{029 CYI\4 Haullng On Paved Roads, First 15 Miles
$19,095.54
$5,81 1.10
Quantity
lnstallation 1 i,230.00 x
Contractors Note: '1,'123 - 10 miles
Categoryl: Drainage & Base Work
Unit Price Factor Total
$5,811.100.43 x 1.2034 =
Subtotal for 01 - General Requirements:$60,996.27
. Concrete
8 03 21 11 004006 TON Grade 60 Reinforcing Steel, Footings And Slabs, #3#6 $1,776.77
Quantity Unit Pdce Factor Total
lnstallation 0.79 x 1,868.93 x 1.2034 = $1,776.77
Contractors Note: (2) #5 rebar continuous. 766.2= 1 ,532LF, 1 .043lbs/ft='1,597 lbs/2000=.79 tons
Categoryl: Drainage & Base Work
Subtotal for 03 - Concrete:$'t,776.77
- Wood,and Com
9 06 11 15 00{147 LF 2" x 4' Pressure Treated Wood Blocking To Concrete $2,737.76
Quantity Unit Price Factor Total
lnstallatlon 766.00 x 2.97 x 1.2034 = $2,737 .76
Contractors Note: PT 2><4 nailed to concrete curb at perimeter. 766LF
Categoryl: Drainage & Base Work
Subtotal for 06 - Wood, Plastic, and Composites:$2,737.76
10 22 1329 334011 EA 24" Diameter x 30' High Fiberglass Basin And Lid vvith lnlet And Hub
Quantity Unit Price Factor Total
lnstallation 4.oo x 316.52 x 1 .2034 = $1 ,523.60
Contractors Note: Used at the corners. Volume is same as on plans as 12" diam, 4'7" height basin.
Categoryl: Drainage & Base Work
Subtotal tor 22 - Plumbing:
$1.523.60
$1,523.60
And Air
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
Rec# CSI Number
September 30, 2015
035487.00
Flamingo Park Soccer Field
Mod. UOM Description Line Total
And Ai
11 23 1323 134211 EA 200% Containment Double Wall Sealed Top Basin For 1000 Gallon Tank $27,918.40
Contractors Note:
Categoryl: Drainage & Base Work
Quantity Unit Price Factor
lnstalla$on 2.OO x 1 1,599.80 x
(2) 1,000 gallon capacity drainage structures at wells.
1.2034 =
Total
$27.918.40
- Electrical
12 26 05 33'13-1368 EA 2" PVC Schedule 40 Adapter, Direct Burial, Glued Coupling $10,409.41
Contractors Note:
Categoryl: Electrical
Quantity Unit Price
lnstallation 1,250.00 x 6.92
New 2" Sched 40 conduit installed underground.
Factor
't.2034 =
Total
$10,409.41
13 26 05 33 16{292 EA 24" x 24" x 10' Cast lron Pull Box Wilh Cover s 1 0,435.76
QuantitY
lnstallation 10.00 x
Demolition 6'00 x
Unit Price
828.76
64.05
Factor
1.2034
1.2034
Total
$9,973.30
$462.47
Contractors Note: lnstall (10) 13'x24" pull boxes. Demo (6) existing
Gategoryl: Electrical
Subtota! tor 26 - Electrical:$20,84s.17
I - Earthwork
14 31 05 16 004003 CY fl4 Stone Aggregate Fill (3/4" To 1-112" Clean)$21,060.22
Contractors Note:
Categoryl: Drainage & Base Work
QuantitY
lnstallation 530.00 x
4" Base rock- 43,344sf.33=530cy
Unit Price
33.02
Factor
1.2034 =
Total
$21.060.22
15 31 05 16 004005 CY #6 Stone Aggregate Fill (3/8" To 3/4" Clean)$1 1,337.98
Contractors Note:
Categoryl: Drainage & Base Work
QuantitY
lnstallation Z57.OO x
2" finish stone, 43,344sf2"= 257cy
t.lnit Price
36.66
Factor
1.2034 =
Total
$11,337.98
16 31 05 16 004007 CY #57 Stone Aggregate Fill (t 4 To 1 ")s12.182.U
38.64 x
Factor
1.2034 =
. ContractorsNote: #5Tstoneusedinexfiltrationtrench.T66LF,3'wide,3'deep; 255CY+3oloforcompaction
Categoryl: Drainage & Base Work
Quantity Unit Price Total
$1 2,182.84lnstallation 262.00 x
t7 31 05 16 004026 CY Aggregate Placement lncludes Spreading, Grading. Compaction Rolling $23,671.80
Quantity Unit Price Factor
1.2034 =
Total
$23,67'r.80lnstallation t,O57.OO x 18.61 x
Placement and compaction of 6' of stone at field (43,344sf*6"=802sy), and 3' of #57 stone at trench
(766lf 3'x3'=255cy)- Total- 1,057cy
Contractors Note:
Categoryl: Drainage & Base Work
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Proposal Review Detail . CSI Continued..
Date:
Work Order #:
Title:
September 30, 201 5
035487.00
Flamingo Park Soccer Field
Rec# CSI Number Mod, UOM Dascription Line Total
31 - Earthwork
18 31 23 16 334018 SY Compaction of Fill or Subbase for Bulk Excavation by Machine Per Lift $1,738.67
Quantity Unit Price Factor
lnslallation 4,916.00 x 0.30 x 1.2034 =
ContractorsNote: Compactsubgradeonce6"offillremoved.43,344/9=4816;compactionofaggregateinaggregateplacement
line item.
Catogoryl: Drainage & Base Work
19 3't 23 16 364007 CY Excavation For Building Foundations And Other Structures By Hydraulic
Excavator. Backhoe, Loader in Loose Rock
Quantity Unit Price Factor Total
lnstallation 1,021.00 x 4.14 x 1.2O34 = $5,086.70
Contractors Note: Excavate 6" for whole field. 43,344SF= 802cy; excavate for trench drain- 766LF ' 3' wide x 3' deep=255 cy
Categoryl: Drainage & Base Work
20 31 2323234002 MGL Compaction Waler, Water Truck And Operator Use this task in situations
where fill, base material, etc. requires additional moisture to comply with the
compaction specification. lncludes delivery up to 15 miles. (Per '1000
Gallons) See CSI section 01 2223 0G1163 for water truck when water is
available on site.Excludes Quantity Unit Price Factor TotalMatariar lnstallation 25.00 x gS.1S x 1.2034 = $2,561.74
contractors Note: Water to clean #57 stone- Labor only
Categoryl: Drainage & Base Work
Subtotal for 31 - Earthwork:
Total
$'1.738.67
$5,086.70
$2.561.74
$77,639.95
32 - Exterior
21 32 16 13 13{002 LF 6" X 12" Cast ln Place Concrete Curb $6,295.92
QuantitY
lnstallation 766.00 x
contractors Note: Curbing around field
Categoryl: Drainage & Base Work
Unit Price Factor Total
$6,295.926.83 x '1.2034 =
22 32 16 13 134002 N4od LF For > 500 To 1000, Deduct s-801.97
Quantity Unit Price Factor Total
$-801.97lnstallation 766.00 x -0.87 \ 1.2034 =
Contractors Note:
Categoryl: Drainage & Base Work
23 32 18 23 29{008 EA Soccer, Lacrosse, Softball Or Field Hockey Markings For AstroTurf@
GameDav Grassil MT 38 Fields Per soort.
Quantity Unit Price Factor Total
lnstallation 2.00 x 3,353.28 x 1.2034 = $8,070.67
Contractors Note: Striping for 6v6 and 8vB on Field Turf.
Categoryl: Turf Field
24 32 1823 294117 SF Drainage Layer For G9 Synthetic Tlrf Used for drainage over asphalt or on
roof tops.
Ouantity Unit Price Factor Total
lnstallation $344.00 x 2.40 x 1.2034 = $125,184.41
ContractorsNote: Taskusedfor2,000LFofl2"ADSAdvanedgedrainagepipinginstalledinmiddleofbaserock.Seeplan
sheet C.2.
Categoryl: Drainage & Base Work
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$8.070.67
$125,184.41
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Proposal Review Detail - CSI Continued.-
Date:
Work Order #:
Title:
September 30, 2015
035487.00
Flamingo Park Soccer Field
Rec# CSI Number Mod, UOM Description Line Total
- Exterior
25 32 1823 294135 SF 2.5' Height, Concave And Rigid Monofilament Fiber, Polyethylene Synthetic
Turf With Rubber/Sand Inflll (FieldTurf Revolution) Excludes preparation of
sub.base. oroomino. soorts lines and loaos.
$244,1 09.59
Quantity Unit Price
lnstallation 43,344.00 x 4.68 x 1.2034= $244,',109.59
Factor Total
Contractors Note: FieldTurf field as specified. New version is Revolution 360.
Categoryl: Turf Field
26 3291 13264023 SY Filter Fabric Weed Barrier
Quantity Unit Price Factor Total
lnstallation 5,326.00 x 0.91 x 1.2034 = $5,832.47
Contractors Note: Turf field 43,344SF + perimeter at both sides of trench- 766LF * 3' x2= 4,596SF; Total=47,940SF/9=5,326
Categoryl: Drainage & Base Work
Subtotal for 32 - Exterior lmprovements:
$s,832.47
$388,591.09
33 . Utilities
27 33 01 30 72{0s7 LF 12.75" O.D. HDPE Culvert Liner DR 32.5 $28,3s4.70
Quantity Unit Price Factor Total
lnstallation 766_00 x 30.76 x 1.2034 = $28,354.70
Contractors Note: 'l2" HDPE pipe around field
Categoryl: Drainage & Base Work
EA Well Drilling Mobitrzation And Demobilization, > 12" To 24" Diameter Wells $71 9.0628 33 21 00 00{005
Categoryl: Well
lnstallation
Quantity Unit Price Factor
.l .00 x 597.52 x 1.2034 =
Total
$719.06
29 33 21 00 00{017 LF 24" Water Well Hole Drilled ln Normal Soil, Sand, Gravel, O.B.
Quantity Unit Price Factor Total
lnstallation 2OO.OO x 103.45 x 1.2034 = $24,898.35
Contractors Note: (2) Wells drilled 100'total each. Soil estrmated at sand. lf found to be rock, shall be addilional to contract.
Categoryl: Wel!
30 33 21 00 00{017 Mod LF For > 100 To 250, Add
$24,898.35
$31 1.68
Quantity
lnstallation 100.00 x 2.59 x 1.2034 =
Unit Price Factor Total
$311.68
Contractors Note:
Categoryl: Well
31 33 21 00 00{0s8 LF 24" Diameter, Steel Well Casing, Flush
Quantity Unit Price Factor Total
lnstallation 200.00 x 15'1.51 x 1.2034 = $36,465.43
Contractors Note: (2) wells drilled 100' per well
Categoryl: Well
32 33 21 00 004058 Mod LF For > 100 To 250. Deduct
Quantity Unit Price Factor Total
lnstallation 200.00 x -4.09 x 1.2034 = $-984.38
Contractors Note: 2 wells, 100'deep each.
Categoryl: Well
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$36,465.43
$-984.38
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
September 30, 2015
035487.00
Flamingo Park Soccer Field
Rec# CSI Number Mod. UOM Description Line Total
33 . Utilities
33 3321 00004092 LF 24" Stainless Steel Well Screen $835.30
Quantity Unit Price Factor
lnstallation 4.00 x 173.53 x 1 .2034 =
Contractors Note: Well screen on 24'diam well steel casing 2'per each.
Total
$83s.30
Categoryl: Well
34 33 21 00 0041'18 HR Develop Well
Quantity Unit Price Factor Total
lnstallation 32.00 x 214.75 x 1.2034 = $8,269.76
Contractors Note: 2 days ('16 hours each) per well to remove spoils.
Categoryl: Well
35 33 39 13 00{156 EA 24" Diameler x 350 LB Watertight Manhole Cover With Frame
Quantity Unit Price Factor Total
lnstallation 2.OO x 820.47 x 1.2034 = $1,974.71
Contractors Note: (2) 24" USF 3177-5640 ring and grate at drainage structure.
Categoryl: Well
36 33 39 13 004159 EA 32" Diameter x 575 LB Watertight Manhole Cover With Frame
Quantity Unit Price Factor Total
lnstallation 2.oo x 1,071.36 x 1.2034 = $2,578.55
Contractors Note: (2) 34' USF 120 U Ring and cover at drainage struclure.
Gategoryl: Well
37 33 41 13 004324 LF 12" Coupled, Single Wall, Corrugated HDPE Pipe
Quanlity Unit Price Factor Total
lnstallation 28.00 x 8.24 x 1.2034 = $277.65
Contractors Note: 12" non perforated pipe at 4 corners. from grate down and to drain basin at 2 locations. estimated at 2'
down. 2'x4= 8'. + 10'to each drain structure. 2 each
Categoryl: Drainage & Base Work
38 33 41 13 004433 EA 12" Coupling, Corrugated HDPE Pipe
$8,269.76
$1,974.71
$2,578.5s
$277.6s
$249.68
Quantity
lnstallalion 38.00 x
Contractors Note: Every20' -766120'
Categoryl: Drainage & Base Work
Unit Price Factor
5.46 x 1.2034 =
Total
$249.68
Subtotal for 33 - Utilities:$103,950.49
Proposal Tota! $686,079.50
This proposal total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the orooosal total is due to roundino of the line tolals and sub-totals
The Percent of NPP on this Proposal: 0.00%
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RESOLUTION TO BE SUBMITTED
225
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Authorizing The Mayor, On Behalf Of The City, To Sign A Letter Of lntent To Join The
of
The Compact of Mayors is a global cooperative effort among mayors and city officials committed to
reducing local greenhouse gas emissions, enhancing resilience to climate change, and tracking
progress transparently.
ln order to participate in the Compact of Mayors, municipalities are required to provide a letter of intent
that references a commitment to reducing local GHG emissions; measuring community emissions
inventory using a consistent and robust standard; identifying climate-related hazards; setting data-
based targets for the future; and developing a climate action plan.
The Compact of Mayors establishes a common platform to capture the impact of cities' collective
actions through standardized measurement of emissions and climate risk, and consistent, public
reporting of their efforts. The Compact will make this data centrally and publicly available through the
carbon Climate Registry to highlight commitments and allow for easy searchability.
The Administration recommends adootino the resolution endorsinq the Comoact of Mavors oledoe.
Source of
Funds:
Amount Account
1
OBP!Total
Financial lmpact Summary: N/A
Reduce city-level greenhouse gas emissions, track progress, and enhance resilience to climate
chanoe, in a consistent and manner to national level climate orotection efforts.
Supporting Data: N/A
Financial lnformation:
Clerk's Office
Assistant City Manager City Manager
) /\ t
AGENDA fiEM C7 CE MIAMIBEACH o,ife /0'/%({226
g MIAMIBEACH
City of Micrmi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and Memberspf the mtsston
Jimmy L. Morales, City Manager
October 14,2015
A RESOLUTION OF THE MAYOR AND Ctry COMMISSION OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR, ON
BEHALF OF THE CITY, TO SIGN A LETTER OF INTENT TO
JOIN THE COMPACT OF MAYORS AND PLEDGE TO
REDUCE GREENHOUSE GAS EMISSIONS, TRACK
PROGRESS TOWARDS GREENHOUSE GAS REDUCTION
GOALS, AND ENHANCE THE CITY'S RESILIENCY TO
CLIMATE CHANGE, IN A MANNER THAT IS CONSISTENT
WITH AND COMPLEMENTARY TO CLIMATE PROTECTION
EFFORTS AT THE NATIONAL LEVEL.
BACKGROUND
At the United Nations Climate Summit on September 23, 2014, Mayors from cities
around the world formally signed into action a Compact of Mayors "to undertake a
transparent and supportive approach to reduce city-level emissions, to reduce
vulnerability and to enhance resilience to climate change, in a consistent and
complimentary manner to national level climate protection efforts." The Compact of
Mayors is structured to build "on the ongoing efforts of Mayors that increasingly set
ambitious, voluntary city climate commitments or targets for greenhouse gas (GHG)
emissions reduction and to address climate risk; report on progress towards achieving
those targets by meeting robust, rigorous and consistent reporting standards (as
established through City Networks); and make that information publically available by
reporting through a recognized city platform."
On June 2015, the Compact of Mayors sent a letter to President Obama, calling on him
"to act in the best interests of the American people and fight for the strongest possible
climate agreement at the upcoming 21st Conference of the Parties to the United Nations
Framework Convention on Climate Change (COP21) in Paris, and for federal action to
establish binding national greenhouse gas emissions reductions." ln response, President
Obama has challenged all U.S. Mayors to publicly commit to a climate action plan ahead
of the COP21 climate negotiations in Paris, and set a goal of having at least 100 U.S.
cities sign onto the Compact of Mayors by then. The White House also released a list of
initiatives to increase energy efficiency measures in cities across the United States and
specifically called out the Compact of Mayors as a key vehicle through which to achieve
President Obama's goals.
This summer Mayor Philip Levine was invited to join the Compact of Mayors and asked
to commit to advancing the City of Miami Beach along the stages of the Compact, with
the goal of becoming fully compliant with all the requirements within three years.
TO:
FROM:
DATE:
SUBJECT:
227
Compact of Mayors Memo
October 14,2015
Page 2 of 2
ANALYSIS
The Compact of Mayors is a global cooperative effort among mayors and city officials
committed to reducing local greenhouse gas emissions, enhancing resilience to climate
change, and tracking progress transparently.
ln order to participate in the Compact of Mayors, municipalities are required to provide a
letter of intent that references a commitment to:
. Reducing local GHG emissions;. Measuring community emissions inventory using a consistent and robust
standard;. ldentifying climate-related hazards;o Setting data-based targets for the future;
. Developing a climate action plan.
The Compact of Mayors establishes a common platform to capture the impact of cities'
collective actions through standardized measurement of emissions and climate risk, and
consistent, public reporting of their efforts. The Compact will make this data centrally and
publicly available through the carbon Climate Registry to highlight commitments and
allow for easy searchability. Through the Compact, cities are:
lncreasing their visibility as leaders responding to climate change;
Demonstrating their commitment to an ambitious global climate solution,
particularly as nations convene around a new climate agreement in Paris in
December 2O15;
Encouraging direct public and private sector investments in cities by meeting
transparent standards that are similar to those followed by national governments;
Building a consistent and robust body of data on the impact of city action; and
Accelerating more ambitious, collaborative, and sustainable local climate action.
CONCLUSION
The Administration recommends adopting the resolution endorsing the Compact of
Mayors pledge. This resolution will reduce city-level greenhouse gas emissions, track
progress, and enhance resilience to climate change, in a consistent and complimentary
manner to national level climate protection efforts.
Attachment: Compact of Mayors' Guide
SMT/ESW/MKW/FCT
a
a
a
a
228
RESOLUTION NO.
A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR, ON
BEHALF OF THE CITY, TO SIGN A LETTER OF INTENT TO JOIN
THE COMPACT OF MAYORS AND PLEDGE TO REDUCE
GREENHOUSE GAS EMISSIONS, TRACK PROGRESS TOWARDS
GREENHOUSE GAS REDUCTION GOALS, AND ENHANCE THE
CITY'S RESILIENCY TO CLIMATE CHANGE, IN A MANNER THAT
IS CONSTSTENT WITH AND COMPLEMENTARY TO CLIMATE
PROTECTION EFFORTS AT THE NATIONAL LEVEL.
WHEREAS, the 21st Conference of the Parties to the United Nations Framework
Convention on Climate Change ('COP 21") will take place in December 2015 in Paris; and
WHEREAS, cities and urban areas are in a unique position to combat climate change,
because cities and urban areas are responsible for producing 70% of climate-changing
greenhouse gas ("GHG') emissions worldwide; and
WHEREAS, by taking positive steps to reduce GHG emissions and othenruise mitigate
the effects of climate change, cities can improve their quality of life, enhance their economic
prosperity, and protect the livability of our cities; and
WHEREAS, any and all efforts possible must be made to prevent a two-degree-Celsius
increase in average global temperature, and cities must play a major role in reaching this goal;
and
WHEREAS, acknowledging the major role of cities and local governments in the
mobilization to address climate change, the United Nations General Secretary recognized the
Compact of Mayors in September 2014 in New York; and
WHEREAS, the Compact of Mayors is the world's largest cooperative effort among
mayors and city leaders to reduce GHG emissions, track progress, and prepare for the impacts
of climate change; and
WHEREAS, COP 21 has expressed an interest in including the role of local governments
in its final recommendations, which shall be adopted in Paris in December 2015; and
WHEREAS, by joining the Compact of Mayors, the City will demonstrate, at an
international level, its leadership role in the global commitment to reduce greenhouse gas
emissions.
229
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor, on behalf of the City, to sign a letter of intent to join
the Compact of Mayors and pledge to reduce greenhouse gas emissions, track progress
towards greenhouse gas reduction goals, and enhance the city's resiliency to climate change, in
a manner that is consistent with and complementary to climate protection efforts at the national
level.
PASSED and ADOPTED this 14th day of October,2Ol5.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
Aff"d#'")1, l''%K*
T:\AGENDA\201 s\October\Environmental\Compact of Mayors RESO-bw.doc
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THIS PAGE INTENTIONALLY LEFT BLANK
253
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner Deede Weithorn, Group Vl, As Vice-Mayor, For A Term Commencing
On November 1,2015 And Terminating On November 9,2015, Or lf A Runoff Election ls Held,
Termi On November 23.2015.
Advisory Board Recommendation:
!ntended Outcome Su
N/A.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4)
months. Since 1994, the rotation has been by Commission Group number in the following sequence,
Group l, ll, lll, lV, V and Vl.
The next Vice-Mayor Group is Group Vl, currently occupied by Commissioner Deede Weithorn. Typically
the term for the next Vice-Mayor would be November 1 ,2015 through February 29,2016; however, due
to the General Election scheduled for November 3,2015, and Commissioner Deede Weithorn being
term-limited, the attached resolution establishes a term for the next Vice-Mayor to commence November
1, 2015 and terminate on November 9, 2015, or if a Runoff Election is held, the term will terminate on
November 23,2015.
Pursuant to City Charter Section 2.04, the City Commission shall, at its first meeting after each General
Election, electfrom its membership a Vice-Mayorwho during the absence ordisabilityof the Mayorshall
perform the duties of Mayor.
A resolution will be placed on the November 9, 2015 Commission Agenda, or if a Runoff Election is held
on the November 23,2015 Commission Agenda, providing the newly elected City Commission to elect
from its membership the newly elected Group Vl Commissioner as Vice-Mayor for a term to expire
Fe 29,2016.
Financial !nformation :
Source of
Funds:
IItt
OBPI
Financial lmpact Summary:
Clerk's Office lative T
Rafael E. Granado, City Clerk
Assistant City Manager
AGE['IDA ITEIII
BATE
c7D
lo-t$ti(B AAIAfiAIBTACH 254
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER DEEDE WEITHORN,
GROUP VI, AS VICE.MAYOR, FORATERM COMMENCING ON NOVEMBER 1,
2015 AND TERMINATING ON NOVEMBER 9, 2015, OR IF A RUNOFF
ELECTION IS HELD, TERMINATING ON NOVEMBER 23, 2015,
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four(4) months. Since 1994, the rotation has been byCommission Group numberin the
following sequence, Group l, ll, lll, lV, V and Vl.
The next Vice-Mayor Group is Group Vl, currently occupied by Commissioner Deede
Weithorn. Typically the term for the next Vice-Mayor would be November 1,2015 through
February 29,2016; however, due to the General Election scheduled for November 3, 2015,
and Commissioner Deede Weithorn being term-limited, the attached resolution establishes a
term for the next Vice-Mayor to commence Novembet 1,2015 and terminate on November
9,2013, or if a Runoff Election is held, the term will terminate on November 23, 2015.
Pursuant to City Charter Section 2.04, the City Commission shall, at its first meeting after
each General Election, elect from its membership a Vice-Mayorwho during the absence or
disability of the Mayor shall perform the duties of Mayor.
A resolution will be placed on the November 9,2015 Commission Agenda, or if a Runoff
Election is held on the November 23,2015 Commission Agenda, providing the newly elected
City Commission to elect from its membership the newly elected Group Vl Commissioner as
Vice-Mayor for a term to expire February 29,2016.
REG/lc
T:\AG EN DA\20 1 5\OctobedVice-Mayor\vice-mayor.cm.doc
255
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELEGTING GOMMISSIONER DEEDE WEITHORN,
GROUP VI, AS VICE.MAYOR, FOR A TERM GOMMENCING ON NOVEMBER 1,
2015 AND TERMINATING ON NOVEMBER 9, 2015, OR IF A RUNOFF ELECTION
IS HELD, TERMINATING ON NOVEMBER 23, 2015.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, typically the term for the next Vice-Mayor would be Novemb er 1 ,2015 through
February 29,2016; however, because of the General Election scheduled for November 3, 2015, and
Commissioner Deede Weithorn being term-limited, the term for the next Vice-Mayor will commence
November 1,2015 and terminate on November 9,2015, or if a Runoff Election is held the term will
terminate on November 23,2015; and
WHEREAS, pursuant to City Charter Section 2.04, a resolution will be placed on the
November 9,2015 Commission Agenda, or if a Runoff Election is held on the November 23,2015
Commission Agenda, allowing the newly elected City Commission to elect from its membership the
newly elected Group Vl Commissioner as Vice-Mayor for a term to expire February 29,2016.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE GITY OF MIAMI BEACH, FLORIDA Commissioner Deede Weithorn, is hereby elected as
Vice-Mayor, for a term commencing on November 1,2Q15 and terminating on November9,2015,or
if a runoff election is held, terminating on November 23,2015.
PASSED and ADOPTED THIS 14th day of October 2015.
ATTEST:
PHILIP LEVINE
MAYOR
RAFAEL E. GRANADO
CITY CLERK
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Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Amending Resolution No.2015-
29127 Relating To Amendment No. 1 To The Development Agreement Between The City And Jameck Development, lnc.
(Developer), Dated July 23, 2014,For The Design, Development, And Construction Of Certain Streetscape lmprovement ln
The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Project),
Correcting The Guaranteed Maximum Price (GMP) Of The Proiect From $786,200 To $806,340.
ey lntended Outcome Su
Ensure well designed quality capital projects - lncrease Community Satisfaction with City Services
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey, recently completed capital projects were
hiqhly rated bv both residents and businesses.
Jameck Development, lnc. (Developer) approached the City to enter into a development agreement for the closure of a
portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the
Lincoln Road pedestrian mall, and the construction of streetscape improvements in the City's right-of-way (the Project).
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just
south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles
to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b)
by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more
space for performances at the Euclid Oval.
Developer bid out the Project and three firms requested bid documents. Two proposals were received by the Developer: the
first one from JCM Development Group, in the amount of $767,164, and the second one from EDGE Construction, lnc. in
the amount of $786,200. A third bidder, A. Galvez Construction and Consulting, was disqualified as the cost proposal was
not presented by the due date. After review and negotiations by the Developer, EDGE Construction, lnc. was selected to
construct the im provements.
After review and negotiations by the Developer, EDGE Construction, lnc. (Contractor) was selected to construct the
improvements. The Developer submitted the Contractor's proposed schedule of values to Public Works' staff, which
proposal was considered fair and reasonable for the proposed work. The Contractor's proposal, in the amount of $786,200,
exceeded the City's budgeted cost, in the amount of $485,820 (City's cost), so the Developer agreed to pay for any Project
costs exceeding the City's cost.
On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City Commission approved
Amendment No 1 to the Development Agreement, increasing the guaranteed maximum price (GMP) of the Project to
$786,200. Thereafter, the Contractor realized that the GMP amount did not include the bond insurance cost required under
the Development Agreement, which therefore increased the GMP amount to $806,340 (inclusive of the bond insurance
cost).
The Administration recommends amending Resolution Number 2015-29127 to correct the Project cost from a GMP of
$786,200 to a GMP amount not to exceed $806,340, with any Project costs exceeding the City's cost to be paid by the
Developer.
Board Recommendation:
See above
365-2767-AC,q.?5 -+
365-2767-069358
Financial lmpact Summary: Funds for this project were approved by the City Commission as part of the City Center Redevelopment
District Funds (Citv Center RDA) in the FY 2012113 and FY 2013114
Bruce Mowry, Ext.6565
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# AAIAMIBTACH AGENSA ffs$ C7 E
oAT,WiiT-JK258
g MIAMIBEACH
City of Miqmi Beqch,
www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015.29127
RELATING TO AMENDMENT NO. 1 TO THE DEVELOPMENT
AGREEMENT BETWEEN THE GITY AND JAMEGK DEVELOPMENT, !NC.
(JAMECK OR DEVELOPER), DATED JULY 23,2014, FOR THE DESIGN,
DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSCAPE
IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF
EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE
souTH (THE PROJECT), CORRECTING THE GUARANTEED MAXTMUM
PRTCE (GMP) OF THE PROJECT FROM $786,200 TO $806,340.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well designed quality capital projects
lncrease Community Satisfaction with City Services
FUNDING
$416,820 365-2767-069357
$ 27,000 365-2767-069351
$ 42.000 365-2767-069358
$485,820 Total
BACKGROUND
Jameck Development, lnc. (Developer) approached the City to enter into a development
agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln
Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and
the construction of streetscape improvements in the City's right-of-way (the Project).
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the
end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading
zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln
Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by
providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and
'1700 Convention Center Drive, Miomi Beoch, Florido 331 39,
COMMISSION MORANDUM
Mayor Philip Levine and Members of City ton
Jimmy L. Morales, City Manager
October 14,2015
259
City Commission Memorandum
Amendment No. 1 to Development Agreement with Jameck Development, lnc.- Euclid Street End Prcject
October 14, 2015
Page 2 of 2
(c) by creating more space for performances at the Euclid Oval.
On June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236,
approving the Conceptual Plan and authorizing the City Manager to enter into negotiations with
the Developer to design and build the Project.
At its June 11,2014 meeting, the City Commission approved Resolution No. 2014-28628,
approving the Development Agreement between Jameck and the City on first reading.
At its July 23,2014 meeting, the Mayor and City Commission approved Resolution No. 2014-
28673 approving the Development Agreement on second and final reading.
The Project had a total budgeted cost to the City of $485,820 (City's cost), with any additional
funds for the Project to be covered by the Developer. Such City funds were to be appropriated
from Miami Beach Redevelopment Agency (Historic Convention Village/City Center RDA)
Funds.
ANALYSIS
Developer bid out the Project and three firms requested bid documents. Two proposals were
received by the Developer: the first one from JCM Development Group, in the amount of
$767,164, and the second one from EDGE Construction, lnc. in the amount of $786,200. A third
bidder, A. Galvez Construction and Consulting, was disqualified as the cost proposal was not
presented by the due date.
After review and negotiations by the Developer, EDGE Construction, lnc. (Contractor) was
selected to construct the improvements (See attached schedule of values). The Developer
submitted the selected contractor schedule of values to Public Works staff, which has reviewed
and considered fair and reasonable for the proposed work. The Developer has agreed to pay
for costs in excess of the City's cost ($485,820). Staff further reviewed the increased project
construction cost and concluded that future maintenance costs to be incurred by the City after
completion of the Project are not likely to increase.
On September 2, 2015, pursuant to Resolution Number 2015-29127, the Mayor and City
Commission approved Amendment No 1 to the Development Agreement, increasing the
guaranteed maximum price (GMP) of the Project to $786,200, with the Developer paying for any
Project costs in excess of the City's cost.
Thereafter, the Contractor realized that the GMP amount did not include the bond insurance
cost required under the Development Agreement, which therefore increased the GMP amount
to $806,340 (inclusive of the bond insurance cost).
CONCLUS!ON
The Administration recommends amending Resolution Number 2015-29127 to correct the GMP
Project cost from $786,200 to $806,340.
JL-M t Er cb#EA M A/v R B/J R
T:\AGENDA\201S\SeptembeAPUBLlC WORKS\Euclid Street End GMP Amedment Memo.docx
260
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015-29127
RELATING TO AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT
BETWEEN THE GITY AND JAMECK DEVELOPMENT, tNC. (DEVELOPER),
DATED JULY 23, 2014, FOR THE DESIGN, DEVELOPMENT, AND
CONSTRUGTION OF CERTAIN STREETSCAPE IMPROVEMENT IN THE
CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN
LINCOLN ROAD AND LTNCOLN LANE SOUTH (THE PROJECT),
coRRECTtNG THE GUARANTEED MAXTMUM pRtCE (cMp) OF THE
PROJECT FROM $786,200 TO $806,340.
WHEREAS, Jameck Development, lnc. (Developer), approached the City to enter into a
Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road
and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road
pedestrian mall, and the construction of streetscape improvements (the lmprovements) in the
City's right-of-way (the Project); and
WHEREAS, the Project will benefit the public in the following ways: (a) by removing
delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a
delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east
or west through Lincoln Lane South instead of having to back up and turn around to exit on
Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off
Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and
WHEREAS, on June 5,2013, the Mayor and City Commission adopted Resolution No.
2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into
negotiations with the Development for a Developer Agreement to design and build the Project;
and
WHEREAS, on its June 11,2014 meeting, the City Commission approved Resolution
No.2014-28628, approving the Development Agreement on first reading; and
WHEREAS, on its July 23, 2014 meeting, the City Commission approved Resolution No.
2014-28673, approving the Development Agreement on second and final reading; and
WHEREAS, after review and negotiations by the Developer, EDGE Construction, lnc.
(Contractor) was selected to construct the improvements; and
WHEREAS, the Developer submitted Contractor's proposal, in the amount of $786,200,
for review by the City's Public Works' staff, and staff found the proposal to be fair and
reasonable for the proposed work; and
WHEREAS, the Contractor's proposal exceeded the City's budgeted cost, in the amount
of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the
City's cost; and
WHEREAS, On September 2, 2015, pursuant to Resolution Number 2015-29127, the
Mayor and City Commission approved Amendment No 1 to the Development Agreement,
increasing the guaranteed maximum price (GMP) of the Project to $786,200; and
261
WHEREAS, thereafter, Contractor realized that the GMP amount did not include the
bond insurance cost required under the Development Agreement, which therefore increased the
GMP amount to $806,340 (inclusive of the bond insurance cost); and
WHEREAS, the Administration recommends amending Resolution Number 2015-29127
to correct the Project cost from the GMP of $786,200 to a GMP of $806,340, with any Project
costs exceeding the City costs to be paid by the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend
Resolution No. 2015-29127 relating to Amendment No. 1 to the Development Agreement
between the City and Jameck Development, lnc. (Developer), dated July 23, 2014, for the
design, development, and construction of certain streetscape improvement in the City's right of
way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South (the Project),
correcting the guaranteed maximum price (GMP) of the Project from $786,200 to $806,340.
PASSED AND ADOPTED this 14th day of October, 2015.
Philip Levine
MAYOR
ATTEST:
Rafael E. Granado
CITY CLERK
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FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO
THE TYLER TECHNOLOGIES, INC., AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND TYLER
TECHNOLOGIES, INC., DATED OCTOBER 10, 2014, FOR REPLACING THE CITY'S ENTERPRISE
RESOURCE PLANNING (ERP) SYSTEM; AMENDING THE MOBILE SOFTWARE LICENSES, PROJECT
MANAGEMENT SERVICES AND THE ALLOWABLE HOURS FOR CUSTOM REPORTS.
Streamline the delivery of services through all departments. Strengthen internal controls to achieve more
accountability. lmprove building/development-related processes from single family to the large development
Data (Surveys, EnvironmentalScan, etc.: N/A
Item Summarv/Recommendation :
On October 10,2O14, the City Commission approved an agreement with Tyler Technologies, lnc., for replacing
the City's current enterprise resource planning (ERP) system, known as Eden, as wellas a discussion on Permits
Plus, the City's system for permitting and licensing. The replacement of these systems are a key part of the
Administration's goal of re-engineering core business process to maximize efficiencies and service to
constituents, as well as improve internal controls.
To facilitate the ERP system, the City Manager's ERP Steering Committee meets regularly to receive status
updates on the implementation process, mitigate any project risks and consider any amendments or changes that
may be requested by project stakeholders. The latter is critical in maintaining the goal of minimizing system
customizations that may increase costs, delay project completion and create issues forfuture system updates. At
its August 13,2015 and September 24,2015 meetings, the Steering Committee agreed to recommend to the City
Manager that the agreement with Tyler Technologies be amended to allow for the following provisions which will
result in a more efficient end product, mitigate any implementation risks and provide the Administration with robust
reporting for the oversight and management of operational functions, including:
a. Amending the EnerGov iG Workforce Mobile licensing to purchase a Site License that includes
unlimited licensing for a total cost of $134,100 plus maintenance of $29,800 per year. This change
results in an overall increase of $94,140 for EnerGov iG workforce mobile licensing.
b. Amending the dedicated project management services by removing "25o/o of Dedicated Project
Manager" and "50% of Dedicated Project Manager", and increasing the "Dedicated Full-Time Project
Manager" for an additional twelve (12) month, for a total of $498,000. This change results in an
overall increase of $15,000 for project management services.
c. Amending the EnerGov Report Development Services from 400 to 1000 hours for a total cost of
$170,000. This change results in an overall increase of $102,000.
The City Manager, after considering the recommendations of the ERP Steering Committee, recommends thatthe
Mayor and City Commission approve the Resolution, increasing the EnerGov iG Workforce mobile site licenses,
project management services, as noted herein, as well as increasing the reporting to 1000 hours; further
authorizing the Mayor and City Clerk to execute Amendment 2 to the Agreement with Tyler Technologies.
RECOMMENDATION
the Resolution
Board Recommendation:
Financia! lnformation :
Source of
Funds:
Amount Account
1 $0.00
This item has no impact on the project funding, since no
additional dollars are being added. Any adjustments came from
the continoencv built into the contract.
Financial lmpact Summary:
T:\AGENDA\201 S\OctobeAPROCUREMENT\Tyler Amendment 2 SUMMARY.doc
{B MIAAAIBHACH ASE!'ltrA nYn C7 F
oArE t04q-l{264
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMlSSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy Morales, City Manager
DATE: October 14,2015
the City
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE TYLER
TECHNOLOGIES, INC., AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND TYLER TECHNOLOGIES, INC., DATED OCTOBER 10, 2014,
FOR REPLACING THE CrTY',S ENTERPRTSE RESOURCE PLANNING (ERP)
SYSTEM; AMENDING THE MOBILE SOFTWARE LICENSES, PROJECT
MANAGEMENT SERVICES AND THE ALLOWABLE HOURS FOR CUSTOM
REPORTS.
FUNDING
NA. This item has no impact on the project funding, since no additional dollars are being
added. Any adjustments came from the contingency built into the contract.
BACKGROUND
On October 10, 2014, the City Commission approved an agreement with Tyler
Technologies, lnc., for replacing the City's current enterprise resource planning (ERP)
system, known as Eden, as well as a discussion on Permits Plus, the City's system for
permitting and licensing. The replacement of these systems are a key part of the
Administration's goal of re-engineering core business process to maximize efficiencies and
service to constituents, as well as improve internal controls.
On September 2, 2015, the City Commission approved Amendment No. 1 to the Tyler
Technologies, lnc. agreement amending the ERP System 'Go-Live' Dates to the contract
with Tyler Technologies as follows:
Phase 1 - Financials: changed from October 1,2015 to April 1,2016.
Phase 2 - EnerGov: changed from December 1, 2015 to April 1 ,2016.
Phase 3 - HR/Payroll: changed from July 1 , 2016 to January 1, 2017.
Phase 4 - Utility Billing and Revenue: changed from July 1 ,2017 to January 1,2018
The original contract approved by the City Commission included provisions for the following:
1. A limited number of software licenses for mobile devices to be used by inspectors
and code enforcement officers to perform inspection and issue code violations in the
field.
2. A limited number of project management hours to be provided by Tyler
Technologies for the implementation of both Financial/HR and Permitting/Licensing
systems.
3. A limited number of hours for the development of custom reports (not othenrise
available through the ERP system) required by the Administration for the oversight
and management of operational functions.
a.
b.
c.
d.
265
Commission Memorandum - October 14,2015
Munis, EnerGov, BPR and Project Management
Page 2 of 3
To facilitate the ERP system, the City Manager's ERP Steering Committee meets regularly
to receive status updates on the implementation process, mitigate any project risks and
consider any amendments or changes that may be requested by project stakeholders. The
latter is critical in maintaining the goal of minimizing system customizations that may
increase costs, delay project completion and create issues for future system updates. At its
August 13, 2015 and September 24, 2015 meetings, the Steering Committee agreed to
recommend to the City Manager that the agreement with Tyler Technologies be amended to
allow for the following provisions which will result in a more efficient end product, mitigate
any implementation risks and provide the Administration with robust reporting for the
oversight and management of operational functions:
1. Software Licenses for Mobile Devices. Currently, the agreement allows for only 40
licenses for the Ener.Gov iG Workforce Mobile Module. This module allows field
inspectors and code enforcement officers to do site inspections, issue violations,
and other. However, it has been determined that 40 licenses is insufficient due to
the current number of City employees that require a mobile device to perform their
function. To mitigate this issue, the Steering Committee recommends purchasing a
Site License, at a total cost of $134,100 plus maintenance of $29,800 per year,
which will allow an unlimited number of EnerGov iG workforce mobile licenses. This
change results in an overall net increase of $94,140 for EnerGov iG workforce
mobile licensing.
2. Proiect Manaqement. Currently, the agreement allows for only one (1) dedicated full
time project managerforthe first year, one (1) 50% dedicated project managerfor
the second year, and one (1) 25Yo dedicated project manager for the 3'd year.
However, the City Manager's ERP Steering Committee, after evaluating the tasks
and workload of the project believes it is insufficient to have a 50% dedicated project
manager for the second year of the project. As a result, the Steering Committee
recommends amending the project management services by removing from the
agreement "25o/o of Dedicated Project Managed' and "50% of Dedicated Project
Manager", for a total credit of $483,000 and increasing the "Dedicated Full-Time
Project Manager," for an additional twelve (12) month, for a total of $498,000 in
order to receive a total of twenty-four (24) months of Dedicated Full-Time Project
Manager services with an expected end date of December 31, 2016. This change is
needed in order to keep a full time project manager through the completion of the
Munis Phase 3 HR/Payroll project. This change results in an overall increase of
$15,000 for project management services.
3. Reportino. Currently, the agreement allows for 400 hours for custom reporting.
However, this hours are insufficient because it was determined that more hours are
needed in order to develop the required reports. Therefore, the Steering Committee
recommends increasing the total hours on the EnerGov Report Development
Services from 400 to 1000 hours, for a total of $170,000. CMB has a significant
number of custom reports that are needed at Go Live and the original 400 hours
only covers around 50 reports. The increase of hours dedicated for custom reports
should cover the additional reports that the City requires.
266
Commission Memorandum - October 14,2015
Munis, EnerGov, BPR and Project Management
Page 3 of 3
As a result, the EMA CMB Steering Committee recommends amending the following items
to the contract:
a. Amend the EnerGov iG Workforce Mobile licensing to purchase a Site License that
includes unlimited licensing for a total cost of $134,100 plus maintenance of $29,800
per year. This change results in an overall increase of $94,140 for EnerGov iG
workforce mobile licensing.
b. Amend the dedicated project management services by removing"25o/o of Dedicated
Project Managed'and "50% of Dedicated Project Manage/', and increasing the
"Dedicated Full-Time Project Manage/'for an additional twelve (12) month, for a total
of $498,000. This change results in an overall increase of $15,000 for project
management services.
c. Amend the EnerGov Report Development Services from 400 to 1000 hours for a
total cost of $170,000. This change results in an overall increase of $102,000.
CITY MANAGER RECOMMEN DATION
The City Manager, after considering the recommendations of the ERP Steering Committee,
recommends that the Mayor and City Commission approve the Resolution, increasing the
EnerGov iG Workforce mobile site licenses, project management services, as noted herein,
as well as increasing the reporting to 1000 hours; further authorizing the Mayor and City
Clerk to execute Amendment 2 to the Agreement with Tyler Technologies. This amendment
has no impact on the project funding, since no additional dollars are being added.
JLM/MT/AD/AS/AZMG
267
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND GIry CLERK TO EXECUTE
AMENDMENT NO. 2 TO THE AGREEMENT, DATED OCTOBER
10, 2014, BETWEEN THE GITY OF MIAMI BEACH AND TYLER
TEGHNOLOGIES INC., FOR REPLACING THE CITY'S
ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM, TO
AMEND THE PROVISIONS REGARDING MOBILE SOFTWARE
LICENSES, PROJECT MANAGEMENT SERVIGES, AND THE
ALLOWABLE HOURS FOR CUSTOM REPORTS.
WHEREAS, on July 30,2014, the City Commission approved an agreement with Tyler
Technologies, lnc. ("Tyler"), to replace the City's current enterprise resource planning (ERP)
system, known as Eden, with the Munis and EnerGov systems, both of which are owned by
Tyler (the "Agreement"); and
WHEREAS, the City executed the Agreement on October 10,2014; and
WHEREAS, the replacement of these systems is a key part of the Administration's goal
of re-engineering core business processes to maximize efficiencies and service to constituents,
as well as to improve internal controls; and
WHEREAS, the City Manager has appointed a Steering Committee to receive status
updates on the implementation process, mitigate any project risks, and consider any
amendments or changes that may be requested by project stakeholders; and
WHEREAS, the Steering Committee, at its August 13,2015 meeting, determined that
the Agreement currently allows for an insufficient number of software licenses for mobile
devices to be used by inspectors and code enforcement officers to perform inspections and
issue code violations in the field; and
WHEREAS, the Steering Committee, at its August 13,2015 meeting, determined that
the quantity of project management services to be provided by Tyler, as set forth in the
Agreement, for the implementation of both Financial/HR and Permitting/Licensing systems
(which is scheduled for year two of the implementation of the new systems) are insufficient to
complete the project, and
WHEREAS, the Steering Committee, at its September 24,2015 meeting, determined
that the number of hours set forth in the Agreement for the development of custom reports,
required by the Administration for the oversight and management of operational functions, is
insufficient; and
WHEREAS, the City must amend the Agreement to revise the provisions regarding
mobile software licenses, project management services, and the maximum hours for custom
reports.
268
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
coMMlsstoN oF THE CITY OF MIAMT BEAGH FLORIDA, that the Mayor and city
Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment
No. 2 to the Agreement between the City of Miami Beach and Tyler Technologies, lnc., dated
October 10, 2014, for replacing the City's Enterprise Resource Planning (ERP) system, to
amend the mobile software licenses, project management services, and the allowable hours for
custom reports.
PASSED and ADOPTED this day of October, 2015.
Philip Levine
Mayor
ATTEST:
Rafael E. Granado
City Clerk APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\KALN\RESOLUTIONS\Tyler Amendment 2 Resolution.docx
269
AMENDMENT NO.2
TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
TYLER TECHNOLOGIES, !NC.,
DATED OCTOBER 10,2014
FOR THE MUNTS AND ENERGOV ENTERPRISE RESOURCE PLANNING SYSTEMS
(THE "AGREEMENT")
This Amendment No. 2 ("Amendment") to the Agreement is entered into this
-
day of
,2015 ("Effective Date"), by and between the City of Miami Beach, Florida, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139
("City"), and Tyler Technologies, lnc., a Delaware corporation having its principal place of
business at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler").
This Amendment hereby amends the Agreement as follows:
RECITALS
WHEREAS, on July 30, 2014, the City Commission approved the above defined
Agreement with Tyler for replacement of the City's current enterprise resource planning (ERP)
systems with Munis and EnerGov systems, both of which are owned by Tyler; and
WHEREAS, the City executed the Agreement on October 10,2014; and
WHEREAS, the replacement of these systems is a key component of the
Administration's goal of re-engineering core business process to maximize efficiencies and
service to constituents, as well as improve internal controls; and
WHEREAS, the City Manager has appointed a Steering Committee to receive status
updates on the implementation process, mitigate any project risks, and consider any
amendments or changes that may be requested by project stakeholders; and
WHEREAS, the Steering Committee, at its August 13,2015 meeting, determined that
the Agreement currently allows for an insufficient number of software licenses for mobile
devices to be used by inspectors and code enforcement officers to perform inspections and
issue code violations in the field; and
WHEREAS, the Steering Committee, at its August 13,2015 meeting, determined that
the quantity of project management services to be provided by Tyler, as set forth in the
Agreement, for the implementation of both Financial/HR and Permitting/Licensing systems
(which is scheduled for the second year of the project implementation) are insufficient to
complete the project; and
WHEREAS, the Steering Committee, at its September 24,2015 meeting, determined
that the number of hours set forth in the Agreement for the development of custom reports,
required by the Administration for the oversight and management of operational functions, is
insufficient; therefore, this Amendment is necessary to accommodate the City's needs; and
270
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Tyler hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
a. Project Management
The Agreement, at Exhibit Al ("Munis lnvestment Summary"), Page 14, is hereby
amended as follows:
The line items for "25o/o of Dedicated Project Manager (Monthly)" at an Extended
Price of $90,000.00, and "50%o of Dedicated Project Manager (Monthly)," at an
Extended Price of $144,000.00, are hereby deleted.
The line item for "Dedicated Full Time Project Manager (Monthly)", with 12 units, at a
Unit Price of $20,750.00, at an Extended Price of $249,000.00, is hereby amended
to provide for 24 units, at an Extended Price of $498,000.00.
b. Software Licenses for Mobile Devices
The Agreement, at Exhibit A2 ("EnerGove lnvestment Summary"), Page 23, is
hereby amended as follows:
The line item for "lG Workforce Mobile (40 users)," at a total cost of $39,960, is
hereby deleted.
A line item for "lG Workforce Mobile Module (Unlimited)," at a total cost of
$134,100.00, is hereby added.
c. Reporting
The Agreement, at Exhibit A2 ("EnerGov lnvestment Summary"), Page 23, is hereby
amended as follows:
The line item for "Report Development Services," with 400 hours of development
services, at a rate of $17O/hour, for a total of $68,000, is hereby increased to 1,000
hours of development services, for a total cost of $170,000.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. ln the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment
shall govern
271
lN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
Rafael E. Granado
City Clerk
Philip Levine
Mayor
Date
FOR WLER:
ATTEST:
Date
By:
Print Name/Title Print Name/Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
]"LCo, l-ols lr5
City Attorney Dote
\'i-
272
THIS PAGE INTENTIONALLY LEFT BLANK
273
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARRY
UNIVERSITY, ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, WHEREBY CITY OF MIAMI
BEACH EMPLOYEES MAY ENROLL !N CLASSES IN BARRY UNIVERSITY'S SCHOOL OF PROFESSIONAL
AND CAREER EDUCATION TO BE HELD IN A CITY OF MIAMI BEACH FACILITYAND TO BE OFFERED ATA
20% DISCOUNTED TUITION RATE AND, IF THE CLASSES OFFERED ARE NOT FILLED TO CAPACITY BY CITY
OF MIAMI BEACH EMPLOYEES, THEN EMPLOYEES OF OTHER MUNICIPALITIES MAY ENROLL IN THE
CLASSES
Supporting Data (Surveys, Environmental Scan, etc.): N/A
lssue:
Should the Administration adopt the Resolution?
Item Summarv/Recommendation :
The City of Miami Beach has held formal negotiations with Barry University and, as a result of
those negotiations, Barry University has agreed to provide a twenty percent (20%) discount off its
standard tuition fees for classes in its School of Professional and Career Education which lead to
Bachelors and Masters degrees in Public Administration and which classes will be held in a City
of Miami Beach facility. Barry University will offer these educational opportunities to City of Miami
Beach employees and, if the classes offered are not filled to capacity by City of Miami Beach
employees, then employees of other municipalities mayenroll in the classes atthe twenty percent
(20Yo) discounted tuition rate. The City of Miami Beach and Barry University are continuing to
negotiate the terms of this educational program and an agreement to effectuate same, which is
acceptable to the City Manager and the City Attorney.
It is recommended that the t is approved and the Resolution adopted..
Board Recommendation:
Financia! lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
islative Trac
MIAMIBEACH 274
l915 .2015
MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMM!SSI MEMORANDUM
TO:Mayor Philip Levine and Members off[he City
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
BARRY UNIVERSITY, ACCEPTABLE TO THE CITY MANAGER AND
CITY ATTORNEY, WHEREBY CITY OF MIAMI BEACH EMPLOYEES
MAY ENROLL IN CLASSES IN BARRY UNIVERSITY'S SCHOOL OF
PROFESSIONAL AND CAREER EDUCATION TO BE HELD IN A CITY
OF MIAMI BEACH FAClLlry AND TO BE OFFERED AT A 20o/o
DISCOUNTED TUITION RATE AND, IF THE CLASSES OFFERED ARE
NOT FILLED TO CAPACITY BY CITY OF MIAMI BEACH EMPLOYEES,
THEN EMPLOYEES OF OTHER MUNICIPALITIES MAY ENROLL IN THE
CLASSES
ADM I NISTRATION RECOM M E NDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach has updated the tuition reimbursement procedure to
encourage staff to improve their job related skills and pursue higher-leveleducation
at accredited universities. As such, the City has collaborated with Barry University
to provide on-site classes for both a Bachelor and Master degree in Public
Administration.
The City has held formal negotiations with Barry University and, as a result of those
negotiations, Barry University has agreed to provide a twenty percent (20Yo)
discount off its standard tuition fees for classes in its School of Professional and
Career Education which lead to Bachelor and Master degrees in Public
Administration. These classes will be held in a City of Miami Beach facility.
Barry University will offer these educational opportunities to City of Miami Beach
employees and, if the classes offered are not filled to capacity by City of Miami
275
October 14, 2015 City Commission Memo
Barry U niversity Agreement
Page 2 of 2
Beach employees, then employees of other municipalities may enroll in the classes
at the twenty percent (20%) discounted tuition rate. The discounted tuition rate wil!
appty to the standard tuition fees for courses within Barry University's School of
Professional and Career Education, but will not apply to other costs such as books,
late payment fees, and other items
The City and Barry University are continuing to negotiate the terms of this
educational program and an agreement, which is acceptable to the City Manager
and the City Attorney is under development.
CONCLUSION
The Administration recommendsthe Mayorand Commission approve and authorize
the Manager and City Attorney to execute an Agreement, between the City and
Barry University for an initial term of three (3) years, with options to extend, at the
city's sole/fl iscretion.
fi]!#
276
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY GOMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
BARRY UNIVERSITY, ACCEPTABLE TO THE CITY MANAGER AND
CITY ATTORNEY, PROVIDING FOR THE ENROLLMENT OF CIry OF
MIAMI BEACH EMPLOYEES IN CLASSES IN BARRY UNIVERSIry'S
SCHOOL OF PROFESSIONAL AND CAREER EDUGATION TO BE
HELD IN A CITY OF MIAMI BEACH FACILITY AND TO BE OFFERED
AT A 20% DISCOUNTED TUITION RATE; AND, SHOULD CLASSES
EXPAND TO CITY VENUES OTHER THAN POLICE STATION
FACILITIES AND ARE NOT FILLED TO CAPACITY BY CIry OF MIAMI
BEACH EMPLOYEES, THEN CITY OF MIAMI BEACH RESIDENTS
MAY ENROLL IN SUCH CLASSES AT A 20% DISCOUNTED TUITION
RATE; AND, FURTHER PROVIDING THAT IF THE CLASSES
OFFERED AT VENUES OTHER THAN POLIGE STATION FAGILITIES
ARE NOT FILLED TO GAPACITY BY CITY OF MIAMI BEACH
EMPLOYEES AND CITY OF MIAMI BEACH RESIDENTS, THEN
EMPLOYEES OF OTHER MUNICIPALITIES MAY ENROLL IN THE
CLASSES AT THE STANDARD TUITION RATE.
WHEREAS, the City of Miami Beach has held formal negotiations with Barry University
and, as a result of those negotiations, Barry University has agreed to provide a twenty percent
(20Yo) discount off its standard tuition fees for City of Miami Beach employees to enroll in
classes in its School of Professional and Career Education which lead to Bachelors and Masters
degrees in Public Administration and which classes will be held in a City of Miami Beach facility;
and
WHEREAS, if the classes offered expand to City venues other than police station
facilities and are not filled to capacity by City of Miami Beach employees, then City of Miami
Beach residents may enroll in such classes at a twenty percent (ZOYo) discounted tuition rate;
and if such classes are not filled to capacity by City of Miami Beach employees and City of
Miami Beach residents, then employees of other municipalities may enroll in the classes at the
standard tuition rate; and
WHEREAS, the discounted tuition rate will apply to the standard tuition fees for courses
within Barry University's School of Professional and Career Education, but will not apply to other
costs such as books, late payment fees, and other items; and
WHEREAS, the City of Miami Beach and Barry University are continuing to negotiate the
terms of this educational program and an agreement to effectuate same, which is acceptable to
the City Manager and the City Attorney, is hereby authorized; and
WHEREAS, the Agreement will take effect upon its execution by duly authorized
representatives of both parties.
277
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the City Manager and City Clerk to execute an Agreement with Barry University,
acceptable to the City Manager and the City Attorney, providing for the enrollment of Miami
Beach employees in classes in Barry University's School of Professional and Career Education
to be held in a City of Miami Beach facility and to be offered at a twenty percent (20Yo)
discounted tuition rate; and, should classes expand to City venues other than police station
facilities and are not filled to capacity by City of Miami Beach employees, then City of Miami
Beach residents may enroll in such classes at a twenty percent (20Yo) discounted tuition rate;
and, further providing that if the classes offered at venues other than police station facilities are
not filled to capacity by City of Miami Beach employees and City of Miami Beach residents, then
employees of other municipalities may enroll in the classes at the standard tuition rate.
PASSED and ADOPTED this _ day of _,2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Reso Barry University Discounted Tuition Rate.docx
278
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279
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager To Execute An Amendment To The Agreement With Florida
lnternational University, ln An Amount Not To Exceed $78,543.22, To Provide Archival Digitization And
c ino Services Of Historical Documents.
lntended Outcome Su
Maximize Miami Beach as a Brand Destination
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
On June 11,2014, the City Commission adopted Resolution No. 2014-28640, authorizing the City Manager
to enter into an Agreement with Florida lnternational University in the amount of $135,000 to provide
archival digitization and cataloging services of historical documents and materialfor the City's Centennial
Anniversary.
The first phase of the Project began in late August 201 5, setting up an installation of scanning equipment
for three catalogers, ordering and installing the equipment and working on a cataloging methodology. ln
February 2014, the archival database acquired a Miami Beach domain, which is publicly available.
Cataloguing and digitization of images continued, and as of August of 201 5, there were 22,272 images and
documents scanned. The remainder of the archives includes oversize ledger books and fragile
newspapers, which will require careful handling, including transportation to the Wolfsonian for scanning
properly; conversion of slides and negatives to digital and the preservation of original artifacts.
201 4-201 5 accom pl ish ments :o lnstallation of scanning equipment for three catalogers. Scan and upload 693 folders, which contain over 22,272 pages or images, mostly consisting of
photographs, brochures and pamphlets, and postcards.o Cataloging of approximately 22,272 pages.o Creation of metadata tags and description of images and pages content that help users search easily
for their interests.. Organization of items in archival storage media for long-term preservation of historical archives.. Support and creation of historical exhibits at the City of Miami Beach and the Wolfsonian.. Launched the website containing the Miami Beach Historical Archives at:
http ://m ia m i beacha rch ives. com/
The Wolfsonian Museum, (under the direction of Dr. Frank Luca and Derek Merleaux, Digital Project
Consultant) has submitted an amendment to the proposal in the amount not to exceed $78,543.22 to
complete the digitization and cataloguing of the remaining historical materialsfrom the Cityof MiamiBeach
Archives and upload these materials online in a user-friendly interface. FIU is also proposing to move the
hosting of the website, from Sobeck Digital to FIU Libraries. The cost of the migration is included in the
budget and no additional annual cost is associated with the maintenance of the website. This website will
be linked from the Miami Beach Archives website.
Financial lnformation:
Source of
,fi:::: o Amount Account
1 $78,543.22 Resort Tax Contingency - FY 2014115.
Total $78.543.22 Funded from Contingency; paid from Professional
Services (1 60-4300-00031 2)
Financial lmpact Summary:
Office of the City Clerk
nEn c7 H
oor, /0'lt{-liMIAMIBTACH280
MIAMIBEACH
City of Miami Beach, 1700 Convention Center
www.miamibeachfl.gov
Drive, Miami Beach, Florida 33139,
COMMISSION MEMORANDUM
missionTO: Mayor Philip Levine and Members the City
FROM:Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
October 14,2015DATE:
SUBJECT: A Resolution Authorizing The City Manager To Execute An Amendment To The
AgreementWith Florida lnternationa! University, ln An Amount Not To Exceed
$78,543.22, To Provide Archiva! Digitization And Cataloging Services Of
Historical Documents.
RECOMMENDATION
Adopt the Resolution.
FUNDING
$78,543.22 is available in the Resort Tax Contingency -FY 2014t15.
BACKGROUND
On June 11,2014, the City Commission adopted Resolution No. 2014-28640 authorizing the City
Manager to enter into an Agreement with Florida lnternational University in the amount of $t SS,OOO
to provide archival digitization and cataloging services of historical documents and material for the
City's Centennial Anniversary.
Thefirst phase of the Project began in lateAugust 2015, setting up an installation of scanning
equipment for three catalogers, ordering and installing the equipment and working on a cataloging
methodology. ln February 2Q14, the archivaldatabase acquired a Miami Beach domain, wnich ii
publicly available. Cataloguing and digitization of images continued, and as of August of 2015, there
were 22,272 images and documents scanned. The remainder of the archives includes oversized
ledger books and fragile newspapers, which will require careful handling, including transportation to
the Wolfsonian for scanning properly; conversion of slides and negatives to digital and the
preservation of original artifacts. See below for details:
201 4-2015 accomplishments:r lnstallation of scanning equipment for three catalogers.. Scanned and upload 693 folders, which contain over 22,272 pages or images, mosfly consisting
of photographs, brochures and pamphlets, and postcardso Cataloging of approximately 22,272 pages.
281
City Commission Meeting
FIU - Centennial Archival Digitization
October 14, 2015
Page 2 of 4
. Creation of metadata tags and description of images and pages content that help users search
easily for their interests.
o Organization of items in archivalstorage media for long-term preservation of historical archives.. Support and creation of historical exhibits at the City of Miami Beach and the Wolfsonian.o Launched the website containing the Miami Beach Historical Archives at:
http ://miam i beacharchives. com/
The Wolfsonian Museum, (underthe direction of Dr. Frank Luca and Derek Merleaux, Digital Project
Consultant) has submitted an amendment to the proposal in the amount not to exceed $78,543.22
to complete the digitization and cataloguing of the remaining historical materials from the City of
Miami Beach Archives and upload these materials online in a user-friendly interface. FIU is also
proposing to move the hosting of the website, from Sobeck Digital to FIU Libraries. The cost of the
migration is included in the budget and no additional annual cost is associated with the maintenance
of the website. This website will be linked from the Miami Beach Archives website.
Proposed Scope of Work - Miami Beach Digitalization Project Phase ll.
This Project will continue the work done in the first year. FIU will organize and make available an
additional 10,000 historical documents from the Office of the City Clerk. These will be uploaded
online in a user-friendly interface. They will be permanently hosted on a website. FIU intends,
pending approval of the City, to move the hosting of the website from current vendor, Sobeck Digital,
to FIU Libraries, where it will be maintained. The cost of migration is included in the budget. There
will be no additional annual costs associated with maintenance of the website.
lncluded in the process will be creating descriptive metadata, following the Library of Congress
Thesaurus for Graphic Materials (LOC-TGM) cataloging standards using the Metadata Object
Description Schema (MODS) record format, so that the uploaded materials can be searched by
users. The searchable digital archives will be publicly available.
Original materials from the Office of the City Clerk will be refiled and stored in archivally appropriate
storage media, and housed in space at the direction of the City.
Drs. Luca and Lipartito will supervise the chief research as well as FIU graduate students and
interns performing the digitizing work, cataloguing and storage. They will use digital equipment
purchased with funds from year one.
Derek Merleaux, a digital archive specialist, will provide expertise in website design, metadata
creation and uploading of archival materials and migration of website to FIU hosting.
Deliverables:
1. Research and selection of materials from City of Miami Beach Archives.
2. Digitizing of 10,000 items from City of Miami Beach Archives.
3. Cataloguing and creation of metadata tags for digitized items.
4. Migration of webhosting to FIU Libraries.
5. Uploading of digitized materials.
Schedule:
The digitizing, cataloging, researching and storage will take place on a continual basis from
November 1 through the duration of the project.
282
City Commission Meeting
FIU - Centennial Archival Digitization
October 14, 2015
Page 3 of 4
Migration of Website to FIU Libraries will be completed by end of calendar year 2015.
Budget:
Senior Personnel-
Salaries are for principal investigators Lipartito (20% summer), Luca and Merleaux, who will head
the project.
Luca and Merleaux will receive Extra State Compensation ($9,103.83) as this work falls outside the
scope of their assigned duties. lt will be performed outside of their regular working hours and
offsite.
Other Personnel-
Paula De La Cruz Fernandez will be chief researcher. The chief researcher will handle the dayto-
day work and be responsible for supervising the student assistant workers and interns. The chief
researcher will consult with the principal investigators as needed.
One funded MA student (9 months) will handle the scanning and uploading underthe supervision of
the chief researcher, assisted by FIU student interns when available and appropriate.
Two interns (one graduate, one undergraduate) will assist the MA student and chief researcher in
handling materials and scanning. lnterns will be paid stipends at end of their semester of internship.
Fringe Benefits -
FIU is currently using a fringe benefit rate of 27.76% for full time employees (faculty and
administrative), 39.17% for staff employees,3.29o/o for Other OPS and Temporary Faculty (except
students), 5.82o/o for Graduate Student assistants, and 0.53% for Student OPS. This rate is
proposed at proposal submission and is an estimate for budgeting purposes only. The projectwill be
charged the actual cost of the fringe benefits.
Domestic Travel-
Transportation is for mileage/bus fare for students and chief researcher from FIU to Miami Beach
work site. As with Year 1, Miami Beach will provide parking.
Other Direct Costs -1. Material costs are for archiving boxes and sleeves to store originals in stable, archival
appropriate containers.
2. Maintenance and repairs are included to reflect the usage and depreciation of the scanning and
computer equipment over two years. The equipment purchased in Year 1 belongs to the City of
Miami Beach, but given heavy use of it over two years, we should build in some funds for
repairs. This amount can be removed from the grant if the City agrees to handle repairs and
replacement of worn equipment.
3. FIU Libraries will charge $4,000 to transfer digital archives to FIU Libraries server from current
vendor, Sobeck Digital Hosting. This will be a one-time charge and FtU Libraries will maintain
site and store, backup and provide disaster recovery plan for data on an ongoing basis for no
additional cost.
FIU will provide a tuition waiver as needed for the funded MA student.
283
City Comm ission Meeti ng
FIU - Centennial Archival Digitization
October 14, 2015
Page 4 of 4
lndirect Costs
lndirect costs, 5o/o, ata overhead
university by grants.
Budget:
Salaries:
Fringe Benefits:
Domestic Travel
Other Materials & Supplies
Transfer of Digital Archive to FIU Libraries
Repairs & Maintenance
lndirect Costs (5%)
Total Direct and lndirect Costs
on grants charged by FIU for general costs imposed on the
$59,775.28
$3,440.79
$2,700.00
$3,887.00
$4,000.00
$1,000.00
$3,740.15
$78,543.22
CONCLUSION
The Administration recommends adopting the attached resolution authorizing the City Manager to
enter into an agreement with Florida lnternational University in an amount not to $78,543.22 to
complete the archival digitization and cataloging services of historical documents and materials.
T:\AGENDA\201S\OctobeAoffice of the City Clerk\Reso Approving Agreement wtih FtU MEMO.doc
284
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY GOMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE CITY MANAGER TO
EXECUTE, IN A FORM TO BE APPROVED BY THE CITY ATTORNEY,
AN AMENDMENT TO THE AGREEMENT, DATED AUGUST 15, 2014,
BETWEEN THE CITY AND FLORIDA INTERNATIONAL UNIVERSITY,
!N AN AMOUNT NOT TO EXCEED $78,543.22. TO COMPLETE THE
MIAMI BEACH ARCHIVAL DIGITALIZATION PROJECT.
WHEREAS, the City of Miami Beach celebrated its Centennial on March 26,2015; and
WHEREAS, the City Administration has identified a need to document, digitize, and
catalog the City's historical documents and other materials, which are currently archived by the
Office of the City Clerk; and
WHEREAS, on June 11, 2014, the Mayor and City Commission adopted Resolution No.
2014-28640, authorizing the City Manager to enter into an agreement with Florida lnternational
University in an amount not to exceed $135,000, to provide archival digitalization and cataloging
services of historical documents and material for the City's Centennial anniversary (the
"Project"); and
WHEREAS, Phase One of the Project began in late August 2015, when the City and FIU
installed scanning equipment and developed a cataloging methodology for the City's archives;
and
WHEREAS, in February 2014, the archival database became accessible to the public
via the City of Miami Beach's website; and
WHEREAS, as of August 2015, and as part of the Project, 22,272 images and
documents have been scanned and archived; and
WHEREAS, the remainder of the documents to be archived include oversized ledger
books and fragile newspapers, which require careful handling, including transportation to the
Wolfsonian Museum for proper scanning; conversion of slides and negatives to digital format;
and the preservation of original artifacts; and
WHEREAS, the Wolfsonian Museum, (under the direction of Dr. Frank Luca and Derek
Merleaux, Digital Project Consultant) has proposed to complete the digitalization and cataloging
of the remaining historical materials in the City's archives, and upload these materials online,
with a user-friendly interface, at an additional cost not to exceed $78,543.22 ("Phase Two"); and
WHEREAS, during Phase Two of the Project, FIU will digitally archive, organize, and
make available online an additional 10,000 historical documents currently archived by the Office
of the City Clerk; and
285
WHEREAS, pending approval of the City, FIU intends to move the hosting of the City's
digital archives from the current vendor, Sobeck Digital, to FIU Libraries, where the digital
archives will be maintained at no additional annual cost for maintenance of the website; and
WHEREAS, in order to preserve these historic original materials, FIU will refile and store
these materials on archival storage media, which media will be housed at a location and in a
manner to be determined by the City.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby authorize the City Manager
to execute, in a form to be approved by the City Attorney, an Amendment to the Agreement,
dated August 15, 2014, with Florida lnternational University, in an amount not to exceed
$78,543.22, to complete the Miami Beach Archival Digitalization Project.
PASSED and ADOPTED this 14th day of October 2015.
Mayor Philip Levine
ATTEST:
Rafael E. Granado
City Clerk
APPROVED AS TO
rONIV & LANGUAGE
& FOR EXECUTIONn&0.-.F t6-(,- \,
--riiltto,nen NK
o'"
T:\AGENDA\201S\Oclober\Office of the City C|erk\RESOLUTION FIU DIGITALIZATION OF ARCHIVAL MATERIALS reg.docx
286
AMENDMENT NO. 1 TO THE AGREEMENT, DATED AUGUST 15,2014, BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND
THE FLORTDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES
FOR WORK RELATED TO THE MIAMT BEACH ARGHIVES DIGITALIZATION PROJEGT
(THE "AGREEMENT")
This Amendment No. 1 ("Amendment") to the Agreement is entered into this
-
day of
, 2015 ("Effective Date"), by and between the City of Miami Beach, Florida, a
municipat corporation organized and existing under the laws of the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139
('Cityt;, and the Florida lnternational University Board of Trustees, having its principal place of
business at 11200 SW 8th Street, Miami, FL 33199 ("FlU'), for work related to the Miami Beach
Archives Digitalization Project.
RECITALS
WHEREAS, the City of Miami Beach celebrated its Centennial on March 26, 2015; and
WHEREAS, on June 11, 2014, the Mayor and City Commission adopted Resolution No.
2014-28640, authorizing the City Manager to enter into an agreement with Florida lnternational
University in an amount not to exceed $135,000, to provide archival digitalization and cataloging
services of historical documents and material for the City's Centennial anniversary (the
"Project"); and
WHEREAS, as of August 2015, and as part of the Project, 22,272 images and
documents have been scanned and archived; and
WHEREAS, the remainder of the documents to be archived includes oversized ledger
books and fragile newspapers, which require careful handling, including transportation to the
Wolfsonian Museum for scanning properly; conversion of slides and negatives to digital format;
and the preservation of original artifacts; and
WHEREAS, the Wolfsonian Museum has proposed to complete the digitization and
cataloguing of the remaining historical materials in the City's archives, and upload these
materiils online, with a user-friendly interface, at an additional cost not to exceed $78,543.22
("Phase Two"); and
WHEREAS, this Amendment is necessary to complete the archiving and digitalization of
the City's archives.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Tyler hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
287
2. MODIFICATIONS.
This Amendment hereby amends the Agreement as follows.
a. Project Period
The Project Period, as set forth in Section I of the Agreement, is hereby extended
to December 31, 2016.
b. Statement of Work
The Statement of Work referenced in Section lV of the Agreement and set forth
in Appendix A to the Agreement is hereby amended to include the Statement of
Work attached hereto and incorporated herein as Appendix B.
c. Compensation
The total compensation payable by the City to FlU, as set forth in Section V of
the Agreement, is hereby increased by $78,543 .22, for a total of $21 1,441.98.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. ln the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment
shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
288
lN WTTNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR. G!TY:
ATTEST:
By:
Rafael E. Granado
City Clerk
Jimmy L. Morales
City Manager
Date
FOR FIU:
ATTEST:
Date
By:
Robert Gutierrez
Director, Pre-Award
Division of Research
Print Name/Title
Date Date
APPROVED AS TO
riinM & LANGUAGE
& FOR EXECUTION
lS- L-r9
Dote
NK
City AttorneY
289
Appendix B
STATEMENT OF WORK AND BUDGET
Scope of Work: Miami Beach Digitalization Project Year ll (Two).
This Project will continue the work done in Year I (One). We will organize and make available
an additional 10,000 from the Office of the City Clerk. These will be uploaded online in a user-
friendly interface. They will be permanently hosted on a website. FIU intends, pending
approval of the City, to move the hostlng of the website from current vendor, Sobeck Digital, to
FIU Libraries, where it will be maintained. The cost of migration is included in the budget.
There will be no additional annual costs associated with maintenance of the website.
lncluded in the process will be creating descriptive metadata, following the Library of Congress
Thesaurus for Graphic Materials (LOC-TGM) cataloging standards using the Metadata Object
Description Schema (MODS) record format, so that the uploaded materials can be searched by
users. The searchable digital archives can be made publicly available as per City of Miami
Beach determination.
Original materials from the Office of the City Clerk will be refiled and stored in archivally
appropriate storage media, and housed in space at the direction of the City.
Drs. Luca and Lipartito will supervise the chief research as well as FIU graduate students and
interns performing the digitizing work, cataloguing and storage. They will use digital equipment
purchased with funds from Year 1 (One).
Derek Merleaux, a digital archive specialist, will provide expertise in website design, metadata
creation and uploading of archival materials and migration of website to FIU hosting.
Deliverables
1. Research and selection of materials from City of Miami Beach Archives
2. Digitizing of 10,000 items from City of Miami Beach Archives
3. Cataloguing and creation of metadata tags for digitized items
4. Migration of webhosting to FIU Libraries
5. Uploading of digitized materials
Schedule
tfre algltizing, cataloging, researching and storage will take place on a continual basis
from November 1 through the duration of the proiect.
Migration of Website to FIU Libraries will be completed by end of calendar year 2015.
Budget
Senior Personnel
Salaries are for principal investigators Lipartito (20% summer), Luca and Merleaux, who will
head the project.
290
Luca and Merleaux will receive Extra State Compensation ($9,103.83) as this work falls outside
the scope of their assigned duties. lt will be performed outside of their regular working hours
and offsite.
Other Personnel
Paula De La Cruz Fernandez will be chief researcher. The chief researcher will handle the day-
to-day work and be responsible for supervising the student assistant workers and interns. The
chief researcher will consult with the principal investigators as needed. Accordingly, we have
reduced the compensation for the Pls and increased the compensation for the chief researcher,
who willtake on additionalduties.
One funded MA student (9 months) will handle the scanning and uploading under the
supervision of the chief researcher, assisted by FIU student interns when available and
appropriate.
Two interns (one graduate, one undergraduate) will assist the MA student and chief researcher
in handling materials and scanning. lnterns will be paid stipends at end of their semester of
internship.
Frinoe Benefits:
FIU is currently using a fringe benefit rate of 27.760/o for full time employees (faculty and
administrative), 39.17o/o for staff employees, 3.29o/o for Other OPS and Temporary Faculty
(except students), 5-82o/o for Graduate Student assistants, and 0.53% for Student OPS. This
rate is proposed at proposal submission and is an estimate for budgeting purposes only. The
project will be charged the actual cost of the fringe benefits.
Domestic Travel
Transportation is for mileage/bus fare for students and chief researcher from FIU to Miami
Beach work site. As with Year l, Miami Beach will provide parking.
Other Direct Costs:
1. Material costs are for archiving boxes and sleeves to store originals in stable, archival
appropriate containers.
2. Maintenance and repalrs are included to reflect the usage and depreciation of the
scanning and computer equipment over two years. The equipment purchased in Year 1
belongs to the City of Miami Beach, but given heavy use of it over two years, we should
build in some funds for repairs. This amount can be removed from the grant if the City
agrees to handle repairs and replacement of worn equipment.
3. FIU Libraries will charge $4,000 to transfer digital archives to FIU Libraries server from
current vendor, Sobeck Digital Hosting. This will be a onetime charge and FIU Libraries
will maintain site and store, backup and provide disaster recovery plan for data on an
ongoing basis for no additional cost.
FIU will provide a tuition waiver as needed for the funded MA student.
lndirect Costs
lndirect costs, 5o/o, aira overhead on grants charged by FIU for general costs imposed on the
university by grants.
291
Budget:
Salaries:
Fringe Benefits:
Domestic Travel
Other Materials & Supplies
Transfer of DigitalArchive to FIU Libraries
Repairs & Maintenance
lndirect Costs (5%)
Total Direct and lndirect Costs
$59,775.28
$3,440.79
$2,700.00
$3,887.00
$4,000.00
$1,000.00
$3,740.15
$78,543.22
292
THIS PAGE INTENTIONALLY LEFT BLANK
293
r^L ^e.or--.
---I--
r9r5.20r5
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION
OF THE FINANGE AND CITYWIDE PROJECTS GOMMITTEE TO CONTRACTA FIRM WITH EXPERIENCE IN THE PLANNING, BUILDING AND
OPERATION OF PUBLIC COMPETITIVE POOLS TO COMPLETE AN IN.
DEPTH FEASIBILITY AND COST STUDY.
BACKGROUND
At the June 10,2015 Commission meeting, a referral was made to the Finance and Citywide
Projects Committee to discuss a request from Parks and Recreational Facilities Committee for a
competition swimming pool.
At the July 1 , 2015 meeting, the committee recommended moving this item to the full
Commission to contract a firm with experience in the planning, building and operation of public
competitive pools to complete and in-depth feasibility and cost study. The study will assist the
City in taking a thorough look at site locations, amenities, cost of construction, ongoing
operational costs and a 10 year renewal and replacement plan. The recommended study may
also include management scenarios such as partnerships and contracted services as well as
potential funding sources.
The committee passed a motion for $50,000.00 to be allocated for the study. The funds have
been allocated to expend from the General Fund-Contingencies (Budget Code 011-9322-000312)
to fund the in-depth feasibility and cost study from the FY15/16 budget.
CONCULSION
The Administration recommends the City Commission to accept the recommendation of the
Finance and Citywide Projects Committee at its July 1,2015 meeting to contract a firm with
experience in the planning, building and operation of public competitive pools to complete and in-
depth feasibility and cost study.
JLM/d3/'dLL!- N
Attachmeilr{
Agenda ttem C 7I
oate /07(l{294
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACGEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJEGTS COMMITTEE TO ENTER INTO A
CONTRACT, IN AN AMOUNT NOT TO EXCEED $5O,OOO, WITH A FIRM WITH
EXPERIENCE IN THE PLANNING, BUILDING, AND OPERATION OF PUBLIC
COMPETITIVE POOLS TO PREPARE AN IN.DEPTH FEASIBILITY AND GOST
STUDY.
WHEREAS, at the June 10, 2015 Commission meeting, a referral was made to the
Finance and Citywide Projects Committee (FCWPC) to discuss a request from the Parks and
Recreational Facilities Committee for a competition swimming pool; and
WHEREAS, at the July 1 , 2015 meeting, the FCWPC passed a motion recommending
moving this item to the full Commission to consider contracting a firm with experience in the
planning, building, and operation of public competitive pools to prepare an in-depth feasibility
and cost study; and
WHEREAS, the FCWPC also passed a motion recommending that an amount, not to
exceed $50,000, be allocated for the study. The funds have been allocated from the General
Fund-Contingencies (Budget Code 011-9322-000312) to fund the in-depth feasibility and cost
study from the FY15/16 budget; and
WHEREAS, the study will assist the City in taking a thorough look at site locations,
amenities, costs of construction, ongoing operational costs, and a 10 year renewal and
replacement plan; the recommended study may also include management scenarios such as
partnerships and contracted services, as well as potential funding sources.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to enter into a contract, in an amount not to exceed $50,000, with a firm with
experience in the planning, building, and operation of public competitive pools to prepare an in-
depth feasibility and cost study.
PASSED and ADOPTED this 14th day of October,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXTUTIoNM*|sT-ffi;;il;)E-
T:\AGENDA\201S\October\Parks and Recreation\Resolution - Resolution Accepting FCWPC Recommendation Pool
Study.doc
295
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City
Manager and City Clerk to execute a voluntary cooperation and operational mutual aid agreementwith the
City of Miami Gardens.
Maintain crime rates at or below nationaltrends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked No. 1 by residents a as
of the changes that will make Miami Beach a better place; safety across the City was one of the
important areas affecting the quality of life; and 78o/o of residents rated quality of services
lssue:
Should the Administration adopt the Resolution?
Item Summarv/Recommendation :
The City of Miami Beach and the City of Miami Gardens, Florida because of the existing and continuing
possibility of the occurrence of law enforcement problems and other natural and man-made conditions
which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police
Department or the City of Miami Gardens Police Department believe that it is beneficial for each to
participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statues. The Mutual Aid
Agreement will allow for the sharing of law enforcement resources and the rendering of assistance both
during routine and intensive law enforcement situations. These Agreements will take effect when it is
signed and will expire on January 1, 2020.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Department Director Assistant City Manager City Manager
Chief DanielJ. Oates */)71 fv\
\
MIAMIBEACH AGENDA fiEn c7 T
D^18 /0'/ (- | f296
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of flne City Com
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
GLERK TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AlD AGREEMENT WITH THE CITY OF MIAMI
GARDENS, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and the City of Miami Gardens, Florida because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
man-made conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the City of Miami Gardens Police
Department believe that it is beneficial for each to participate in a MutualAid Agreement as
authorized by Chapter 23, Florida Statues.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1,2020.
CONCLUS!ON
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement
resources.
fio
JLM:DJO:LH:tr
297
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF
THE CIry OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER, AND THE CITY CLERK TO EXECUTE A
VOLUNTARY COOPERATION AND OPERATIONAL
ASSTSTANCE MUTUAL AID AGREEMENT WITH THE CITY OF
MIAMI GARDENS, FLORIDA, FOR THE PURPOSE OF
COORD!NATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA AND THE CITY OF MIAMI
GARDENS, FLORIDA.
WHEREAS, it is the responsibility of the respective governments of the City of
Miami Beach and the City of Miami Gardens, Florida to ensure the public safety of their
citizens by providing adequate levels of police service to address any foreseeable
routine or emergency situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions
which are, or are likely to be, beyond the control of services, personnel, equipment, or
facilities of the City of Miami Beach Police Department and the City of Miami Gardens
Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will
have adequate resources to address any and all of these conditions, to protect the public
peace and safety, and to preserve the lives and property of the people of the City of
Miami Beach and the City of Miami Gardens, Florida; and
WHEREAS, the City of Miami Beach and the City of Miami Gardens, Florida
have the authority under Chapter 23 of the Florida Statutes, known as the "Florida
Mutual Aid Act," to enter into the attached Voluntary Cooperation and Operational
Assistance Mutual Aid Agreement.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager and the City Clerk to execute a Voluntary Cooperation and Operational
Assistance Mutual Aid Agreement with the City of Miami Gardens, Florida, for the
purpose of coordinating law enforcement planning, operations, and mutual aid benefit
between the City of Miami Beach, Florida and the City of Miami Gardens, Florida.
PASSED and ADOPTED this =-day of
ATTEST:
2015.
MAYOR PHILIP LEVINE
APPROVED AS TO
FORM & I.ANGUAGE
&FONEXECUIrcf,T
LC*l (o-s - 6
E D-
RAFAEL GRANADO, CITY CLERK
298
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
THE CITY OF MIAMI GARDENS, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this _ day of , 2015
(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida
33139, and the CITY OF MIAMI GARDENS, FLORIDA, having its principal otfice at 18605 NW
27th Avenue, Miami Gardens FL 33056, state as follows:
RECITALS
WHEREAS, it is the responsibility of the governments of the City of Miami Beach,
Florida, and the City of Miami Gardens, Florida, to ensure the public safety of their respective
citizens by providing adequate levels of police services to address any foreseeable routine or
emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment, or facilities of the City of Miami
Beach Police Department or the City of Miami Gardens Police Department; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies will
be adequate to address any and all of these conditions, to protect the public peace and safety,
and to preserve the lives and property of the people of the City of Miami Beach, Florida, and the
City of Miami Gardens, Florida; and
WHEREAS, it is to the advantage of each law enforcement agency to receive and
extend mutual aid in the form of law enforcement services and resources to adequately respond
to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) lntensive situations including, but not limited to, emergencies as defined under
Section 252.34 of the Florida Statutes, or requests for certain law enforcement
services specified herein and as defined under Section 23.1225 of the Florida
Statutes; and
WHEREAS, the City of Miami Beach and the City of Miami Gardens have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12 - 23.127
of the Florida Statutes, to enter into this Voluntary Cooperation and Operational Assistance
MutualAid Agreement ("Cooperation Agreement") for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under Section 23.1225, ot
the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34 of the Florida Statutes.
299
NOW THEREFORE, BE lT KNOWN that the City of Miami Beach, Florida, and the City
of Miami Gardens, Florida, in consideration for mutual promises to render valuable aid in times
of necessity, do hereby agree to fully and faithfully abide by and be bound by the following
terms and conditions:
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
Cooperation Agreement whereby each of the agencies may request and render law
enforcement assistance to the other in dealing with any violations of Florida Statutes to include,
but not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries,
burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893 of
the Florida Statutes, backup services during patrol activities, and interagency task forces and/or
joint investigation as set forth pursuant to, and under the authority of Chapter 23 of the Florida
Statutes.
SECTION !I. PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this Cooperation
Agreement whereby each of the agencies may request and render law enforcement assistance
to the other to include, but not necessarily be limited to dealing with, the following:
Joint multi-jurisdictional criminal investigations.
Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
Any natural disaster.
lncidents which require rescue operations and crowd and tratfic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping disasters,
fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
Terrorist activities including, but not limited to, acts of sabotage.
Escapes from, or disturbances within, prisoner processing facilities.
Hostage and barricaded subject situations, and aircraft piracy.
Control of major crime scenes, area searches, perimeter control, back-ups to emergency
and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.9., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
13. lncidents requiring utilization of specialized units; e.9., undenruater recovery, aircraft,
canine, motorcycle, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Joint training in areas of mutual need.
1 6. Joint multi-jurisd ictional marine i nterd iction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police, or his/her
designee.
1.
2.
3.
4.
5.
b.
7.
8.
300
Specific reporting instructions for personnel rendering mutual aid will be included in the
request for mutual aid. ln the absence of such instructions, personnel will report to the
ranking on-duty supervisor on the scene.
Communications instructions will be included in each request for mutual aid and each
agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
lncidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures of the
requesting agency, or directors involved.
SECTION I!I. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS OF
ASSISTANCE
ln the event that a party to this Cooperation Agreement is in need of assistance as set
forth above, the Chief of Police or his/her designee, shall notify the Chief of Police or his/her
designee from whom such assistance is requested. The Chief of Police or authorized agency
representative whose assistance is sought shall evaluate the situation and the agency's
available resources, consult with his/her supervisors, if necessary, and will respond in a manner
he/she deems appropriate.
The Chief of Police in whose jurisdiction assistance is being rendered may determine
who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is
authorized, and for what purpose such authority is granted. This authority may be granted either
verbally or in writing as the particular situation dictates.
Should a law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the area on routine business, attending a
meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of
said party, representing his/her respective agency, HE/SHE SHALL ONLY BE EMPOWERED
TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANGE WITH FLORIDA
LAW. Should enforcement assistance be taken, said party shall notify the agency having
normal jurisdiction, and upon the latter's arrival, turn the situation over to them and offer any
assistance requested, including but not limited to, a follow-up written report documenting the
event and the actions taken. This provision, so prescribed in this paragraph, shall not grant
general authority to conduct investigations, serve warrants, and/or subpoenas or to respond
without request to emergencies already being addressed by the agency of normal jurisdiction,
but is intended to address critical, life-threatening or public safety situations, prevent bodily
injury to citizens, or secure apprehension of criminals whom the law enforcement officer may
encounter and such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a
means to deal with disasters, emergencies, and other major law enforcement problems. This
Cooperation Agreement shall not extend police powers beyond the specific additional authority
granted by the Legislature in Chapter 23 of the Florida Statutes, which intent was to assure the
continued functioning of law enforcement in times of emergencies or in areas where major law
enforcement efforts were being thwarted by jurisdictional barriers, and the respective parties,
police officers and authority are limited to those instances where the subject matter of the
investigation originates inside the municipal city limits.
2,
3.
4.
301
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall be under
the immediate command of a supervising officer designated by the assisting Agency. Such
supervising officer shall be under the direct supervision and command of the Chief of Police or
his/her designee of the agency requesting assistance.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation Agreement, the
officer shall abide by and be subject to the rules and regulations, personnel policies, general
orders, and standard operating procedures of his/her own employer. lf any such rule, regulation,
personnel policy general order or standard operating procedure is contradicted, contravened or
otherwise in conflict with a direct order of a superior otficer of the requesting agency, then such
rule, regulation, policy, general order or procedure shall control and shall supersede the direct
order.
SECTION VI. HANDLING COMPLAINTS
Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this Cooperation Agreement, the Chief of Police or his/her
designee of the requesting agency shall be responsible for the documentation of said complaint
to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard as to agency affiliation.
lf it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing of the
complaint, shall be forwarded without delay to the agency for administrative review. The
requesting agency may conduct a review of the complaint to determine if any factual basis for
the complaint exists and/or whether any of the employees of the requesting agency violated any
of their agency's policies or procedures.
SECTION VII. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Cooperation Agreement, agrees to assume full and final responsibility for the acts, omissions or
conduct of such party's own employees while engaged in rendering such aid pursuant to this
Cooperation Agreement, subject to the provisions of Section 768.28 of the Florida Statutes,
where applicable.
4
302
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of Miami Beach and the City of Miami Gardens, when
actually engaging in mutual cooperation and assistance outside of their normal jurisdictional
limits but inside this State, under the terms of this Agreement, shall pursuant to the provisions of
Section 23.127(1) of the Florida Statutes (as amended), have the same powers, duties, rights,
privileges and immunities as if the employee was performing duties inside the employee's
political subdivision in which normally employed.
(b) Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this Cooperation Agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Cooperation Agreement must
bear the cost of loss or damage to that equipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered and shall defray the
actual travel and maintenance expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance,
relief, disability, worker's compensation, salary, death and other benefits that apply to the
activity of an employee of an agency when performing the employee's duties within the territorial
limits of the employee's agency apply to the employee to the same degree, manner, and extent
while engaged in the performance of the employee's duties extraterritorially under the provisions
of this Cooperation Agreement. The provisions of this section shall apply to paid, volunteer, and
reserve employees.
(0 Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder.
(g) Should the City of Miami Beach receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami
Gardens shall be eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs and expenses
are authorized by the third party for reimbursement purposes.
(h) Should the City of Miami Gardens receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami
Beach shall be eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs and expenses
are authorized by the third party for reimbursement purposes.
303
(i) The parties acknowledge that the City of Miami Beach and the City of Miami
Gardens are authorized to pursue property seized pursuant to the Florida Contraband Forfeiture
Act. Each party shall have exclusive authority to initiate forfeiture proceedings originating in its
respective jurisdiction under the Florida Contraband Forfeiture Act for any matters which arise
from a mutual aid event that is covered by this Cooperation Agreement. Each respective party,
upon successfully prosecuting a forfeiture action, shall equitably share in those proceeds
seized, as acceptable by the Chief of Police of the City of Miami Beach and Chief of Police of
the City of Miami Gardens.
SECTION IX. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(16)(a) of the Florida Statutes (2010), in an amountwhich is,
in the judgment of the governing body of that party, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any party be
canceled or undergo material change, that party shall notify all parties to this agreement of such
change within ten (10) days of receipt of notice or actual knowledge of such change.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties and shall
continue in full force and effect until December 31 , 2019. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon delivery of
written notice to the other party.
ln witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this _ day of 2015.
CITY OF MIAMI BEACH, FLORIDA CITY OF MIAMI GARDENS, FLORIDA
DANIEL J. OATES
CHIEF OF POLICE
Date:
ANTONIO BROOKLEN
INTERIM CHIEF OF POLICE
Date:
6
304
JIMMY MORALES
CITY MANAGER
Date:
CAMERON D. BENSON
CITY MANAGER
Date:
MAYOR OLIVER G. GILBERT III
Date:
MAYOR PHILIP LEVINE
Date:
RAUL AGUILA, CITY ATTORNEY SONIA K. DICKENS, CITY ATTORNEY
Date: Date:
ATTEST:
RAFAEL E. GRANADO, CITY CLERK RONETTA TAYLOR, CITY CLERK
Date:Date:
305
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Sole Proposal Received, Pursuant To Request
For Proposals (RFP) No. 2015-177-JR, For Electric Vehicle Charging Stations For The Cig's Parking
Facilities And Surface Lots.
COMMISSION ITEM SUMMARY
Advisorv Board Recommendation:
Financia! lnformation :
Source of
Funds:
Amount Account
I N/A
2
OBPI
3
Total
Financial lmpact Summary: N/A - Revenue Generatinq
Build and Maintain I nfrastructure with Full Accountabil
Data (Surveys, EnvironmentalScan, etc: N/A
Item Summary/Recommendation :
The City of Miami Beach Parking Department is dedicated to providing environmentally friendly service
programs, including hybrid vehicle parking incentives, bicycle sharing, and car sharing, and it intends to
increase the number of electric vehicle charging stations at municipal parking facilities to implement a
citywide program.
The City's goals and objectives are to promote a vision that makes electric vehicles a part of daily life for
Miami Beach residents and visitors. This program is to be accessible to the maximum number of people in
the most cost-efficient manner to promote electric vehicle use and, conversely, decrease local motor vehicle
use.
On July 8,2015, the City Commission approved the issuance of the RFP to seek proposals for a subsequent
agreement and a continuing of services, which was issued on July 16,2015, with an opening date of August
28, 2015. A pre-proposal conference was held on July 29, 2015, and a site visit was held on August 10,
2015. The City received one (1) proposal.
On September 8, 2015, the City Manager appointed an Evaluation Committee (the "Committee"), which
convened on September 30, 2015, to consider proposals received. The Committee was instructed to score
and rank the sole proposal received pursuant to the evaluation criteria established in the RFP. The results of
the evaluation committee process were presented to the City Manager for his recommendation to the City
Commission.
After reviewing the submission and the Evaluation Committee's rankings of the sole proposal received, the
City Manager recommends that the Mayor and the City Commission, pursuant to Request for Proposal
(RFP) No.2015-177-JR, for ElectricVehicle Charging Stations ForThe City's Parking Facilities, Parking
Garages And Surface Lots, authorize the Administration to enter into negotiations with the sole proposer
(who has been deemed by the Committee to be qualified), Blink Network LLC. The City Manager also
recommends that any agreement reached by the City include a provision of non-exclusivity with regard to the
services being provided. This will allow the City flexibility in the future when new garages come online or
newer/alternative technologies become available. Finally, the City Manager further recommends that the
Mayor and City Clerk be authorized to execute an Agreement upon conclusion of successful negotiations by
the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Charging Stations Garages and -Summary.doc
AGENDA lfEM c7 KE MIAMIBTACH
Parking Facilities,
oAfG /0'll- li306
E MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS MEMORANDUM
TO:Mayor Philip Levine and Members ff the City
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF THE SOLE PROPOSAL
RECE|VED, PURSUANT TO REQUEST FOR PROPOSAL NO. 2015-177-JR (THE
RFP), FOR ELECTRTC VEHTCLE CHARGTNG STATIONS FOR THE CITY',S
PARKING FACILITIES, PARKING GARAGES AND SURFACE LOTS; AND
FURTHER AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMM EN DATION
Adopt the Resolution.
FUNDING
Not applicable, revenue generating.
BACKGROUND
The City of Miami Beach Parking Department is dedicated to providing environmentally
friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, and car
sharing, and it intends to increase the number of electric vehicle charging stations at municipal
parking facilities to implement a citywide program.
The City's goals and objectives are to promote a vision that makes electric vehicles a part of
daily life for Miami Beach residents and visitors. This program is to be accessible to the
maximum number of people in the most cost-efficient manner to promote electric vehicle use
and, conversely, decrease local motor vehicle use.
RFP PROCESS
On July 8,2015, the City Commission approved the issuance of the RFP, which was issued on
July 16,2015, with an opening date of August 28,2015. A pre-proposal conference was held
on July 29,2015. A site visit was held on August 10,2015. The City received one (1)
proposalfrom Blink Network LLC.
On September 7, 2015, the City Manager appointed an Evaluation Committee (the
"Committee") consisting of the following individuals:
. Monica Beltran, Assistant Director, Parking Department, City of Miami Beach. Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach. Flavia Tonioli, Sustainability Specialist, Building Department, Environment &
Sustainability Division, City of Miami Beach
307
Commission Memorandum
RFP 2015-177-JR Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages
and Surface Lots
October 14,2015
Page2
Alternates:
. Jeffrey Oris, Division Director, Economic Development Division, Tourism, Culture &
Economic Development, City of Miami Beach. Margarita Wells, Environmental Resource Manager, Environment & Sustainability
Division, City of Miami Beach
The Committee convened on September 30, 2015 to consider the sole proposal received. The
Committee was provided an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Government Sunshine Law. The Committee was also provided
general information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
RFP 2015.177.LR ELECTRIC
VEHIGLE CHARGING STATIONS
Monica
Beltran Roqelio Madan Flavia Tonioli
Blink Network LLC 95 100 96
Blink Network LLC has been in the business since 2009, and is a pioneer in nationwide public
electric vehicle charging services, enabling electric vehicle drivers to easily recharge at
locations throughout the United States and Canada. They are headquartered in Miami Beach
and have partnerships with numerous municipalities, retailers, commercial real estate firms,
parking management firms, etc., and own and operate thousands of charging stations
throughout North America. The firm has been operating an electric vehicle charging station
within a City parking garage since 2012.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing the submission and the Evaluation Committee's rankings of the sole proposal
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Proposal (RFP) No. 2015-177-JR, for Electric Vehicle Charging Stations For The
City's Parking Facilities, Parking Garages And Surface Lots, authorize the Administration to
enter into negotiations with the sole proposer (who has been deemed by the Committee to be
qualified), Blink Network LLC. The City Manager also recommends that any agreement
reached by the City include a provision of non-exclusivity with regard to the services being
provided. This will allow the City flexibility in the future when new garages come online or
newer/alternative technologies become available. Finally, the City Manager further
recommends that the Mayor and City Clerk be authorized to execute an Agreement upon
conclusion of successful negotiations by the Administration.
308
Commission Memorandum
RFP 2015-177-JR Electric Vehicle Charging Stations for the City's Parking Facilities, Parking Garages
and Surface Lots
October 14,2015
Page 3
Blink Network LLC (Blink) proposes a comprehensive turnkey installation of Level 2 and Direct
Current Fast Charging Stations to the City of Miami Beach. Blink shall pay all cost of
installation related to the equipment, including all permitting, licensing, labor and inspection
expenses. Blink agrees to supply, install, maintain, service and operate electric vehicle
charging stations at the City's selected locations, at Blink's expense. lt shall also maintain and
replace equipment, as necessary, to keep equipment in good condition and proper working
order. The City will have the right to brand the equipment and shall have the right to review
and approve all signage.
is proposing an initial seven (7) year term and it will remit to the City fifteen percent (15%) of
the net profits generated by the equipment, which shall include, but may not be limited to, all
revenue generated by fees and advertising, minus any and all taxes, 8% credit card
transaction fees, and $18.00 per month, per electric vehicle charging station, in
networUconnectivity fees related to the operation of the equipment. They have proposed a
seven (7) year automatic renewal term and it will remit twenty percent (20Yo) of the net profits.
However, should the City elect to terminate the contract prior to the expiration of the initial
term, and Blink Network LLC is not in default of this contract for any reason, the City of Miami
Beach shall pay all unamortized additional equipment costs as of the date of termination.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, approve the
resolution accepting the recommendation of the City Manager, pursuant to Request for
Proposal (RFP) No. 2015-177-JR, for Electric Vehicle Charging Stations for the City's Parking
Facilities, Parking Garages and Surface Lots.
JLM/KBG IMT I SF/EW/AD/LR
T:\AGENDA\2O'1S\Oc{ober 14\Procurement\RFP 2015-177-LR ElectricVehicle Charging Stations - Memo.doc
309
RESOLUTION TO BE SUBMITTED
310
THIS PAGE INTENTIONALLY LEFT BLANK
311
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Accepting
The Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 2015-
163-LR For Website Desiqn,t and lm tion.
lntended Outcome Su
Enhance External and lnternal Communication From and Within the City.
Data (Surveys, Environmental Scan, etc: N/A
Item Summarv/Recommendation:
The Administration issued RFP 2015-163-LR to seek the proposals from qualified firms to update
the City's website with a new design that represents the prestige of our vibrant City and to replace
the existing proprietary website Content Management System (CMS) with a non-proprietary open
source CMS. The sites that need to be redesigned and implemented include:
www.miamibeachfl.qov, and www.mbculture.com. The RFP was approved for issuance by the
City Commission on April 15, 2A15. The RFP was released on April 17, 2015. A pre-proposal
conference to provide information to the proposers submitting a response was held on April 24,
2015. On June 1 ,2015, the City received proposals from: Ameex Technologies Corporation, Civic
Resource Group lnternational lncorporated, lnfinite Computer Systems, Just Program LLC
dba/Solodev, and XomaTech Enterprises LLC.
On July 8,2015, the Evaluation Committee appointed by the City Manager convened to consider
the responsive proposals received. The Committee was instructed to score and rank the proposals
received pursuant to the evaluation criteria established in the RFP. The results of the evaluation
committee process were presented to the City Manager for his recommendation to the City
Commission.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the
City Manager notes that Solodev received the greatest numberof first place votes of all Proposers.
Additionally, Ameex scored well under the qualifications section and also had a lower cost than
Solodev. Therefore, the City Manager recommends that the Mayor and the City Commission,
pursuant to RFP No. 2015-163-LR, for Website Design, Development and lmplementation,
authorize the Administration to enter into negotiations with the two firms tied as top ranked
proposers, Ameex Technologies Corporation and Just Program LLC dba/Solodev; and, further
authorize the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of
successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Ad Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1 TBD 550-0640-000312 (FY 1 5/1 6)
OBPI
2
Total TBD
Financial lmpact Summarv:
Glerk's Office
Alex Denis, Extension 6641
R Website Design, Development and
AGEr{oA fir* C7 L# MIAAAIBTACH nma /0-/%l{312
g MIAMIBEACH
City of Miomi Beoch, 'l ZO0 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
TO:Mayor Philip Levine and Members flf the City Q
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER PERTAINING TO THE RANKING OF THE PROPOSALS RECEIVED,
PURSUANT TO REQUEST FOR PROPOSAL NO. 2015-163-LR (THE RFp), FOR
WEBSITE DESIGN, DEVELOPMENT AND IMPLEMENTATION; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
UPON CONGLUSION OF SUCCESSFUL NEGOTTATIONS BY THE
ADMINISTRATION.
ADMI NISTRATION RECOMM EN DATION
Adopt the Resolution.
FUNDING
Account Number FY 15116: 550-0640-000312
Amount: $200,000
BACKGROUND
The Administration issued RFP 2015-163-LR to seek the proposals from qualified firms to
update the City's website with a new design that represents the prestige of our vibrant City
and to replace the existing proprietary website Content Management System (CMS) with a
non-proprietary open source CMS. The sites that need to be redesigned and implemented
include: www. miam ibeachfl.qov, and www. m bculture. com.
RFP PROCESS
The RFP was approved for issuance by the City Commission on April 15,2015. The RFP was
released on April 17,2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on April 24,2015. On June 1,2015, the City received
proposals from: Ameex Technologies Corporation, Civic Resource Group lnternational
lncorporated, lnfinite Computer Systems, Just Program LLC dba/Solodev, and XomaTech
Enterprises LLC.
On May 28,2015, the City Manager appointed an Evaluation Committee (the "Committee")
consisting of the following individuals:
. Leah Einwalter, Web & Social Media Specialist, City of Sunny lsles Beach. Lisa Merced, E-Government Administrator, lnformation Technology Department, City of
Miami Beacho Amanda Carballo, Public lnformation Specialist, Communications Department, City of
Miami Beach. Jose Suarez, Division Director, lnformation Technology Department, City of Miami
Beach
313
Commission Memorandum - RFP 2015-163-LR for Website Design, Development and lmplementation
October 14,2015
Page 2
Alternates:
. Francisco Quintana, System Support Manager, lnformation Technology Department,
City of Miami Beach. Sergio Morales Rodriguez, E-Government Administrator, lnformation Technology
Department, City of Miami Beach
The Committee convened on July 8, 2015 to consider the proposals received. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee was also provided general
information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
Based on the rankings above a tie resulted between Ameex Technologies Corporation and
Just Program LLC dba/Solodev. A brief summary of the firms and their proposal is provided
below for informational purposes.
Ameex Technologies Gorporation ("Ameex") was established eight years ago and is
headquartered in the State of lllinois. They have experience in developing websites for both
public and private sector clients using content management systems like Drupal, Joomla,
WordPress, Ektron, SharePoint and Magento. Ameex has proposed using Drupal as the open
source content management system for this project. Ameex has a D&B rating of three (3) for
low risk. Ameex submitted a price of $94,920 for the required scope of work.
RFP 201 5-1 63-LR Website
Design, Development and
lmplementation
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43 5 56 5 53 4 33 5 19 5
Just Program LLC
dba/Solodev 79 2 86 1 89 2 79 1 6 1
XomaTech Enterorises LLC
67 4 68 4 52 5 52 4 17 4
314
Commission Memorandum - RFP 2015-163-LR for Website Design, Development and lmplementation
October 14,2015
Page 3
Just Program LLC dba/Solodev ("Solodev") an internet software and website development
company in Florida has been in business for nine years. lt has implemented content
management systems for both the public and private sector clients. Solodev has proposed
Wordpress as the open source content management system for this prolect. Solodev has a
D&B rating of three (3) for low risk. Solodeve submitted a price of $200,000 for the required
scope of work.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing the submission and the Evaluation Committee's rankings of proposals
received, the City Manager notes that Solodev received the greatest number of first place
votes of all Proposers. Additionally, Ameex scored well under the qualifications section and
also had a lower cost than Solodev. Therefore, the City Manager recommends that the Mayor
and the City Commission, pursuant to RFP No. 2015-163-LR, for Website Design,
Development and lmplementation, authorize the Administration to enter into negotiations with
the two firms tied as top ranked proposers, Ameex Technologies Corporation and Just
Program LLC dba/Solodev; and, further authorize the Mayor and City Clerk be authorized to
execute an Agreement upon conclusion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, approve the
resolution accepting the recommendation of the City Manager, pursuant to Request for
Proposal (RFP) No. 2015-163-LR, for Website Design, Development and lmplementation.
JLM/MT/ASiAD
T:\AGENDA\201S\October 14\Procurement\RFP 201 5-163-LR Website Design, Development and lmplementation - Memo.doc
315
RESOLUTION TO BE SUBMITTED
316
THIS PAGE INTENTIONALLY LEFT BLANK
317
COMMISSION ITEM SUMMARY
On July 8,2015, the City Commission approved the issuance of the subject Request for Proposal.
The RFP was released on July 10,2015. A pre-proposalconference to provide information to the
proposers submitting a response was held on July 23,2015. On August 25, 2015, the City
received three (3) proposals from Blissberry, LLC., Boucher Brothers MiamiBeach 21 &46 Street,
LLC. and M&M Beach Concessions, lnc.
On September 1, 2015, the City Managerappointed, via letterto Commission (LTC) No. 342-2015,
an Evaluation Committee which convened on September 28, 2015, to consider the proposals
received. The Committee was instructed to score and rank the proposal pursuant to the evaluation
criteria established in the RFP. The results of the evaluation committee process were presented to
the City Manager for his recommendation to the City Commission.
After reviewing the submissions and the Evaluation Committee's ranking of the proposals received,
the City Manager exercised his due diligence and is recommending that the Mayor and the City
Commission authorize the Administration to enter into negotiations with Boucher Brothers Miami
Beach 21st and 46th Street, LLC. The RFP is revenue generating and should not create any
operational costs forthe City. Boucher Brothers Miami Beach 2lstand 46th Street, LLC., has
proposed an annual minimum guarantee of $122,000.04 be provided to the City.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
Financial lmpact Summary: This RFP is intended to be revenue generating and should not
create anv ooerational costs for the Citv.
Clerk's Office Leqislative Trackin
Alex Denis, Extension 6641
n-Offs:
Dfpartmenlpirector Atsistant Gity Manager Gity M,lagerWKB ffi7 MT_JLM I tr_
S\October\PROCUREMENT\RFP 2015-205-WG Concessions 21st & 46th - Summary.doc
c-7M
T:\AGENDA\201
AGE}IDA ITEfi'
Gondensed Title:
A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEI\CH,
FLORIDA, ACCEPTING THE RECOMMENDATTON OF THE CITY MANAGER PERTAINING TO
THE RANKTNG OF FIRMS, pURSUANT TO REQUEST FOR PROPOSAL (RFP) NO.2015-205-
WG FOR THE MANAGEMENT AND OPERATION OF CONCESSION STANDS AND
BEAGHFRONT CONCESSIONS, LOCATED EAST OF COLLINS AVENUE, NEAR BOTH 21St
STREET AND 46th STREET.
lntended Outcome S
Item Summary/Recommendation :
lmprove Alliance with Key Business Sectors, Namely Hospitality, Arts & lnternational Business
With A Focus On Enhanced Culture, Entertainment & Tourism.
Data Environmental Scan, etc: N/A
Board Recommendation:
t$ MIAMIMTACH ;;;-lbt,/-T{318
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
TO Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND Clw COMMTSSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 1 (AMENDMENT) TO THE CONTRAGT EXECUTED
PURSUANT TO REQUEST FOR PROPOSALS (RFP) 39-05/06, BETWEEN THE GITY AND
TIM WILCOX, INC., WHTCH PERFORMS BEACHFRONT CONCESSION SERVICES FOR 21't
AND 46th STREETS, WITH THE CURRENT TERM ENDING ON OCTOBER 31, 2015; SAID
AMENDMENT EXTENDING SAID CONTRACT, ON A MONTH-TO-MONTH BASIS, UNTIL
SUCH TIME AS THE RFP PROCESS FOR THE MANAGEMENT AND OPERATION OF
CONCESSION STANDS AND BEACHFRONT CONCESSIONS, LOCATED EAST OF
COLLINS AVENUE NEAR BOTH 21"t AND 46th STREETS, MAY BE COMPLETED AND A
NEW CONTRACT EXECUTED, AND PROVIDING THE CITY WITH THE RIGHT TO
TERMINATE THE CONTRACT FOR CONVENIENCE AND WITHOUT CAUSE; AND
FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING
TO THE RANKTNG OF FTRMS, PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO.
2015.205.WG FOR THE MANAGEMENT AND OPERATION OF CONCESSION STANDS
AND BEACHFRONT CONCESSIONS, LOCATED EAST OF COLLINS AVENUE, NEAR
BOTH 21st STREET AND 46th STREET, AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH BOUCHER BROTHERS MIAMI BEACH 21 &46 STREET, LLC.,
AS THE HIGHEST RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BOUCHER BROTHERS MIAMI
BEACH 2'I & 46 STREET, LLC., UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS
BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
lmprove Alliance with Key Business Sectors, Namely Hospitality, Arts & lnternational Business With A
Focus On Enhanced Culture, Entertainment & Tourism.
FUNDING
This RFP is intended to be revenue generating and should not create any operational costs for the
City.
BACKGROUND
On November 22,2010, pursuant to Request for Proposals (RFP) No. 39-05/06, the Mayor and City
Commission passed Resolution No. 2010-27391, authorizing the Administration to negotiate a contract
with Tim Wilcox, lnc., the top ranked proposer; and further authorized the Mayor and City Clerk to
execute an agreement upon successful negotiations by the Administration.
The City entered into a contract (Contract) with Tim Wilcox, lnc., set forth in the attached Exhibit "A",
under Contract No.39-05/06, having an initial term of two years with three (3) one (1) year renewals,
commencing on November 1,2010. The Mayor and City Commission approved and authorized the
Administration to exercise all renewal terms, extending the Contract until October 31,2015.
319
Commission Memorandum - RFP 2015-205-WG Management and Operation of Concession Stands
and Beachfront Concessions, Located East of Collins Avenue, Near Both 21"t Street and 46th Street
October 14,2015
Page2
Pending completion of the RFP process and execution of a new Contract, the Administration
recommends that the Mayor and City Commission authorize the execution of Amendment No. 1,
extending the existing Contract on a month-to-month basis for Beachfront Concession Services for 21't
and 46th Streets; said Amendment providing that the Contract, under said extension, will be terminable
by the City for convenience and without cause.
RFP PROCESS
On July 8,2015, the City Commission approved the issuance of the subject Request for Proposal. The
RFP was released on July 10,2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on July 23, 2015. On August 25, 2015, the City received three (3)
proposals from Blissberry, LLC., Boucher Brothers Miami Beach 21 & 46 Street, LLC. and M&M Beach
Concessions, lnc.
On September 1,2015, the City Manager appointed, via letter to Commission (LTC) No. 342-20'15, an
Evaluation Committee (the Committee), consisting of the following individuals:. Dan Kipnis -Waterfront Protection Committee, Resident. Tom Morgan - Region Manager, Coastal Park & Marinas Enterprise Miami-Dade County Parks,
Recreation and Open Spaceso John Ripple - Beach Maintenance Director, Parks and Recreation Department, City of Miami
Beach
. Susan Simpson - Director, Cultural and Community Services Department, Sunny lsles Beacho Elizabeth Wheaton - Assistant Director, Building Department, City of Miami Beach
The following individuals were listed as alternates:. Jeff Feldman - Resident. Elizabeth Valera - Deputy Director, Parks and Recreation Department, City of Miami Beach
The Committee convened on September 28, 2015, to consider the proposals received. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence Ordinance
and the Government in the Sunshine Law. The Committee was also provided general information on the
scope of services, and a copy of each proposal. The Committee was instructed to score and rank the
proposal pursuant to the evaluation criteria established in the RFP.
The RFP also stipulated that additional points would be applied, if applicable pursuant to the City's
Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's
preference.
The Committee discussed the proposer's qualifications, experience, and competence, and further
scored the proposals accordingly. The final ranking is as follows:
Proposer Experience and Qualifications, including Financial Capability
Approach and Methodology
Scope of Services
30
20
20
320
Commission Memorandum - RFP 2015-205-WG Management and Operation of Concession Stands
and Beachfront Concessions, Located East of Collins Avenue, Near Both 21't Street and 46th Street
October 14,2015
Page 3
ln determining responsiveness and responsibility of the firm, the Procurement Department verified
compliance with the minimum requirements established in the RFP, financial capacity as contained in
the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references
submitted by each proposer.
MANAGER'S DUE DILIGENCE
After reviewing the submissions and the Evaluation Committee's ranking of the proposals received, the
City Manager exercised his due diligence and is recommending that the Mayor and the Clty
Commission authorize the Administration to enter into negotiations with Boucher Brothers Miami Beach
21't and 46th Street, LLC. The RFP is revenue generating and should not create any operational costs
for the City. Boucher Brothers Miami Beach 21't and 46th Street, LLC., has proposed an annual
minimum guarantee of $122,000.04 be provided to the City.
CONCLUSION
That the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the
Mayor and City Clerk to execute Amendment No. 1 (Amendment) to the contract executed pursuant to
Request for Proposals (RFP) 39-05/06, between the City and Tim Wilcox, lnc., which performs
beachfront concession services for 21"t and 46th Streets, with the current term ending on October 31,
2015; extending said contract, on a month to month basis, until such time as the RFP process for the
Management and Operation of Concession Stands and Beachfront Concessions, East of Collins
Avenue, Near Both 21't and 46th Street, may be completed and a new contract executed, and providing
the City with the right to terminate the contract for convenience and without cause; and further approve
the resolution accepting the recommendation of the City Manager, pursuant to Request for Proposal
(RFP) No.2015-205-WG, for Management and Operation of Concession Stands and Beachfront
Concessions, Located East of Collins Avenue, Near Both 21't Street and 46th Street, authorizing the
Administration to enter into negotiations with Boucher Brothers Miami Beach 21"i and 46th Street, LLC.;
and further authorizing the Mayor and City Clerk to execute an agreement with Boucher Brothers Miami
Beach 21"1and 46th Sireet, LLC., upon completion of successful negotiations by the Administration.
JLM / KB/ MT / MS/ AD
RFP#2015-205-WG
Management and
Operation of Concession
Stands and Beachfront
Gu,
o
=EoF Rankinq
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G
-c
olt
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.N
tr Rankinq
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E6
Go
=o Rankino
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AGGRE
Concessions Located
East of Collins Near Both
11-t C+,^^a -^i ,a.h
GATE
TOTAL
s
Blissberrv, LLC.50 3 42 3 40 3 50 12
Boucher Brothers 97 1 s8 1 90 1 91 1 4 1
M&MBeachConcessions,
lnc.72 2 85 2 75 2 70 2 8
llllinimum Guarantee (MG)
Proooser Total Cost
Maximum
Allowable
Points
Total Points
Awarded*
Blissberry, LLC $ 60.000.00 30 15
Boucher Brothers Miami
Beach $ 122.000.04 30 30
M&MBeachConcessions $ 80.004.00 30 20
T:\AGENDA\201 S\OctobeAPROCU REMENT\RFP 201 5-205-WG Concessions Memo.doc
321
flolro ?oto - a7 s ?/
21't & 46th Streets
Tim Wilcox, lnc.
Concession
Agreement
for
322
INDEX
TITLESECTION
1.
2.
2.1
2.2
2.6
3.
3.1
3.2
'l 'l
3.5
3.6
3.7
3.8
4.
4.1
4.2
4.3
4.4
5.
6.
7.
7.2
8
o
10.
10.1
10.2
10.3
10.4
'10 5
10.6
10.7
10.8
11.
12.
12.4
12.5
12.6
12.7
13.
13.1
13.2
'13.3
't3.4
13.6
13.7
PAGE
..15
323
SECTION
14.
15.
16.
16.2
16.4
17.
18.
19.
20.
20.1
20.3
20.4
21.
21.1
21.2
21.3
2'1.4
215
21.6
21.7
218
21.9
21.1021.11 l
21.12
21.14
21.15
21.16
22.
lJ.
TITLE PAGE
324
CONCESSION AGREEMENT BETWEEN
CITY OF IVIIAMI BEACH, FLORIDA AND
TtM W|LCOX, tNC.. FOR MANAGEMENT AND OPERATION OF CONCESSIONS
AT 21.t AND 46th STREETS
PURSUANT TO REQUEST FOR PROPOSALS NO. 39-05'06
THIS AGREEMENT made on/loyatfur2Z,2010, between the CITJ OF MtAMt BEACH, a
municipal corporation of the State of Florida (hereinafter called "City"), having its principal
address at 1700 Convention Center Drive, Miami Beach, Florida,33139, and TIM
WILCOX, lNC., a Florida corporation, with offices at4299 Collins Avenue, Miami, Florida,
33140 (hereinafter called "Concessionaire").
WITNESSETH
'
WHEREAS, on October 14,2009, the City Commission authorized the issuance of a
Request for Proposals (RFP) to solicit proposals for the management and operation of
concession stands and beachfront concessions, located east of Collins Avenue al21"t
Street and 46th Street, respectively; and
WHEREAS, RFPNo.05-09-l0wasissuedonOctober20,l0l0,andproposalsweresent
or provided to over eighty-five (85) firms and concessionaires; and
'WHEREAS, on May 12,2010, the City Commission adopted Resolution No. 2010-27391,
accepting the recommendation of the City Manager pertaining to the ranking of firms;
authorized the Administration to enter into negotiations with the top-ranked firm of Tim
Wilcox, lnc.; and further authorized the Mayor and City Clerk to executq an agreement
upon completion of successful negotiations by the Administration; and
WHEREAS, accordingly, the City and Concessionaire have negotiated the followin
Agreement for the management and operation of concessions at 21'r Street and 46
Street, respectively.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained and other good and valuable consideration, the receipt and
adequacy of which are hereby conclusively acknowledged, it is agreed by the parties
hereto as follows:
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the exclusive right to operate the following described concession within the
Concession Areas, as defined below, in conformance with the purposes and for the period
stated herein, and subject to all the terms and conditions herein contained and fairly
implied by the terms hereinafter set forth.
325
SECTION 1. TERM.
1.1 This Agreement shall be for an initialterm of two (2) years, commencing on November
1..2010 (the 'lCommencement Datel'), and ending on October: 31 , 2012. For purposes
of this Agreement, a "contract year" shall be defined as that certain one (1) year period
commencing on the Novembdi 1"r, and e;rding on the October 31't.
1.2 Provided that the Concessionaire is not in default underthis Agreement, and,
further, at the City's sole discretion, commencing upon written hotice from
Concessionaire to the City, which notice shall be given in the second contract
year of the initial term, and then no later than ninety (90) days prior to
expiration of said term, (or prior to the expiration of any renewal term, as the
case may be) the City may extend the term of this Agreement, upon the
same terms and conditions, for three (3) individual one (1) year terms.
1.3 Any such renewal may be conditioned upon a requirement that
Conceisionaire purchase new equipment (subject to the prior written
approval of the City) for the renewal term. Concessionaire shall deliver to the
City Manager, at least ninety (90) days prior to the expiration of the initial
term or a renewal term, as the case may be: (i) a schedule of any equipment
which was replaced during the term; and (ii) an itemized list of proposed
. replacementequipment.
SECTION 2. CONCESSION AREA(S).
The City hereby grants to Concessionaire the right, during the Term of this Agreement, to
operate a concession as described herein in the following area(s) (hereinafter referred to
individually as a "Concession Area" or collectively as the "Concession Areas"):
2.1 21't Street Concession Area.
a.. Concession Building:
further delineated in Exhibit 2.1 (a).
b. Beachfront Concession Area:
This Concession Area is located on the beach in the area generally
bounded on the south by a line beginning at the intersection of the
easterly extension of the northernmost line of the 21't Street right-of-
way (ROW) and the Erosion Control Line (ECL) thence extending
easterly to the shore and perpendicular to the ECL; bounded on the
north by a line beginning at the intersection of the extension of the
southernmost line of the 22no Street ROW thence extending easterly
to the shore and perpendicular to the ECL; bounded on the west by a
line running along the trash receptacles, as placed by Miami Dade' County or fifty (50) feet east from the easternmost edge of the Dune,
whichever is furthest east; and bounded on the east either by a line
sixty (60) feet west of the Mean High Water Line (MHWL) or by a line
parallel to the shoreline and five (5) feet west of the westernmost
326
2.1.1
2.1,2
2.1.3
lifeguard stand, but never within the lifeguard's line of site of the
shoreline, in this Concession Area, whichever is further east; all as
further delineated in Exhibit 2.1 (b).
Lifeguard Facility Zone'.
Concessionaire shall not use or deploy any equipment and/or facilities
on or within those portions of the beach where lifeguard
facilitiesistands are currently located, or may be located in the future,
including the area extending from the easternmost foot of the Dune to
the shoreline and bounded by a line twenty five (25) feet north of the
lifeguard stand(s) and bounded by a line twenty five (25) feet to the
south of such stand(s).
With regard to the area bounded to the north by a line twenty five (25)
feet north of the southern boundary of the Beachfront Cohcession
Area (in Subsection 2.1 (b)), to the south by the southern boundary of
this Goncession Area, and bounded to the east and west by the
easterninost and westernmost boundaries of this Concession Area,
respectively, Concessionaire shall not deploy any equipment, unfess
specifically requested by a handicapped patron.
Northern Handicap Zone.
2.2
With regard to the area bounded to the south by a line seventy three
(73) feet south of the northern boundary of the Beachfront' Concession Area (in Subsection 2.1 (b)), to the north by the northern
' boundary of this Concession Area, and bounded to the east and west
by the easternmost and westernrnost boundaries of this Concession
Area, respectively, Concessionaire shall not deploy any equipment,
unless specifically requested by a handicapped patron.
46th Street Concession Area.
. a. Concession Building:
This Concession Area is limited to the concession stand building
located east of the easternmost line of the public right-of-way, as
further delineated in Exhibit 2.2 (a).
b. Beachfront Concession Area:
This Concession Area is located on the beach in the area generally
bounded on the south by a line beginning at the interseqtion of the
easterly extension of the northernmost line of Lot 6, as recorded in
Miami Dade County plat book 8, page 61., and the ECL thence
bxtending easterly to the shoreline and perpendicular to the ECL;. bounded on the north by a line beginning at the intersection of the
easterly extension of the northernmost line of Lot 12, as recorded in
Miami Dade County plat book B, page 61, and the ECL thence
extending easterly to the shoreline and perpendicular to the ECL;
327
2.2.',|
2.2.2
2.2.3
bounded on the west by a line running along the trash receptacles, as
placed by Miami Dade County or fifty (50) feet east from the
easternmost edge of the Dune, whichever is furthest east; and
bounded on the east either by a line sixty (60) feet west of the Mean
High Water Line (MHWL) or by a line parallelto the shoreline and five
(5) feet west of the westernmost lifeguard stand, but never within the
lifeguard's line of site of the shoreline, in this Concession Area,
whichever is further east; all as further delineated in Exhibit 2.2 (b).
Lifeguard Facility Zone:
Concessionaire shall not use or deploy any equipment and/or facilities
on or within those portions of the beach where lifeguard
facilities/stands are currently located, or may be located in the future,
including the area extending from the easternmost foot of the Dune to
the shoreline and bounded by a line twenty five (25) feet north of the
lifeguard stand(s) and bounded by a line twenty five (25) feet to the
south of such stand(s).
Southern Handicap Zone:
With regard to the area bounded to the north by a line twenty five (25)
feet north of the southern boundary of the Beachfront Concession
Area (in Subsection 2.2 (b)), to the south by the southern boundary of
this Concession Area, and bounded to the east and west by the
easternmost and westernmost boundaries of this Concession Area,
respectively, Concessionaire shall not deploy any equipment, unless
specifically requested by a handicapped patron.
Northern Handicap Zone:
With regard to the area bounded to the south by a line seventy three
(733) feet south of the northern boundary of the Beachfront
Concession Area (in Subsection 2.2 (b)), to the north by the northern
boundary of this Concession Area, and bounded to the east and west
by the easternmost and westernmost boundaries of this Concession
Area, respectively, Concessionaire shall not deploy any equipment,
unless specifically requested by a handicapped patron.
I ntentionally Omitted.
Notwithstanding 'the Concession Area(s) granted to Concessionaire,
Concessionaire hereby understands, agrees, and acknowledges that said
aforestated Concession Area(s), along with any and all other public
beachfront area(s) and/or public facilities not specifically identified herein, are
public and, as such, must remain available for the use and enjoyment of the
general public, whether or not the public chooses to use any of
Concessionaire's equipment, purchase its products, or engage in any of the
services it provides. ln the event that a member of the public is within a
particular Concession Area, as set forth herein, Concessionaire agrees to
allow for his/her continued peaceful enjoyment of said Area. Notwithstanding
the preceding, Concessionaire may designate areas within Concession Area
2.3
2.4
328
buildings for food and beverage service and/or storage which shall not be
open to and/or accessible to the generalpublic (e.9. such as kitchen areas,
pantries, storage closets, etc.).
Concessionaire shall at alltimes use reasonable efforts to strive to maintain
an equitable ("equitable" to be determined by the City, in its reasonable
judgment and discretion) amount of beach frontage'within the beachfront
Concession Areas free and clear of Concessionaire facilities and beach
equipment, so that such portion of the beach may remaih free and clear for
. the public's use and enjoyment.
2.5 City and Concessionaire acknowledge that the buffer zones around the
lifeguard stands/facilities referenced above shall not apply to other areas of
the beach (i.e. non-Concession Areas) in which the upland owner is a private
entity, unless the City's Rules and Regulations for Beachfront Concessions
(as same may be amended from tirne to time), explicitly so provide.
Notwithstanding the preceding sentence, the provisions of this subsection
shall in no way be deemed or otherwise construed as a waiver on the part of
the City of its Rules and Regulations for Beachfront Concessibns.
2.6 Buffer Zones:
City and Concessionaire acknowledge that there are certain areas within the
21't Street & 46th Street Concession Areas, respectively, that either lie
outside of the respective Concession Areas, or in which Concessionaire's
use is limited and/or restricted, including Lifeguard Facility Zones (defined in
Sections 2.1 I aiA 2.2.1), Handicap Zones (defined in Sections 2.1 .2,2.1.3,
2.2.2 and 2.2.3), and other zones which were designed to facilitate public
access to the beach, ocean and shoreline, and create buffer zones between
Concession Areas and lifeguard facilities.
SECTION 3. USE(S).
The Concessionaire is hereby authorized to conduct the following kind(s) of businesses
and provide the following kind(s) of services within the Concession Area(s), as provided
below, allat its sole cost and expense:
3.1 . Beachfront Concession Area(s) / Rental of Beach Eouipment.
This shall gener:ally include the rental of chairs, pads, umbrellas and sun
canopies. The City hereby approves the rentalof the aforestated types(s) of
beach equipment and the prices for same, all as more speqifically set forth in
Exhibit 3.1 . Any amendments to Exhibit 3.1 , whether as to type(s) of beach
equipment to be rented or as to changes in prices for same, must be' approved in writing by the City Manager or his/her designee prior to such. changes being implemerited within the Concession Area(s); and, in that
event, a new updated Exhibit 3.1 will be incorporated into this Agreement.
329
3"1:1
3.1.2
3,1.3
3.1.4
The design, type, material, and color of any and all beach equipment,
as defined above, shall also be approved in writing by the City's
Planning Department prior to the Commencement Date of this
Agreement. A photo or photo(s) of such City-approved beach
equipment is incorporated herein as Exhibit 3.1.1.. Thereafter,
Concessionaire shall not change, alter, or modify the design, type,
material and color of any such City-approved beach equipment
without further obtaining the prior written consent of the City Manager
or his/her designee and, if so approved, an updated Exhibit 3.1 .1 will
be made a part of and incorporated into this Agreement.
With regard to an individual Beachfront'Concession Area, all
respective beach equipment within that Area shall be placed
substantially in accordance with the attached City-approved site
plan(s), as set forth, by designated Area, in Exhibit(s) 3.1.2, attached
hereto and incorporated herein. Concessionaire shall not deviate from
or alter the approved site plan(s) without the prior written consent of
the City Manager or his/her designee.
The set up of beach equipment to be placed within a Beachfront
Concession Area, (substantially in accordance with the site plan(s)
approved pursuantio Exhibit(s) 3.1.2), shall be permitted daily before
10:00AM, or as soon thereafter in the event of inclement weather (i.e.
as soon as weather permits) (the ;'Set Up Period"); during which time
Concessionaiie shall be permitted to set up to the maximum number
of beach equipment allowable foi that particular area, as enumerated
in the approved site plans. tn addition to conformance with the
approved site plan(s), daily placement of beach equipment forthe Set
Up Period shall be in accordance with and shall not exceed the
maximum numbers, per Area.
The parties hereby acknowledge that Concessionaire's patrons may
themselves relocate chairs and other beach equipment within a
Concession Area and/or to an immediately adjacent "Buffer Zone""
Such relocation shall be permitted; provided that, in the aggregate,
Concessionaire does not materially alter, or allow to be materially
altered, the configuration of a particular Concession Area, as set forth
in the approved site plan(s) pursuant to Exhibit$) 3.1.2, and/or an
adjacent "Buffer Zone". ln the event of this occurrence,
Concessionaire shall immediately correct any material alteration
within a Concession Area to bring same back into substantial
conformance with the approved site plan(s).
NotwithstanOing ahytning in this Subsection 3.1.4, the City's Beach
Patrol shall at all times have the absolute discretion to require
Concessiona ire, and/or Concessionaire's patrons, to relocate chairs
and other beach equipment in the event that such chairs and/or beach
equipment in any way impede and/or obstruct'sightlines, or have any
other effect whatsoever which would directly or indirectly impede the
330
3.1.5
3.1.6
3.1.7
performance of Beach Patrol activities. Concessionaire will cooperate
with Beach Patrolto ensure such compliance.
The City and Concessionaire hereby agree and acknowledge that the
public's use of the beach is a prime consideration and must be
balanced accordingly with the services to be provided to the public
(and the respective financial remunerations to City and
Concessionaire), pursuant to this Agreement. Accordingly,
notwithstanding the site plan(s) and maximum numbers (as provided
for in Exhibit(s) 3.1 .2), Concessionaire further agrees 'that,
notwithstanding its right to set up its maximum numbers during the
Set Up Period, Concessionaire shall endeavor to remove from the
particular area any number of vacant beach equipment not being
rented that equates to the difference between such percentage of
vacant equipment and twenty-five percent (25%) of such equipment
as described above.
.t
The condition and quality of Concessionaire's concession equipment
shall at all times be maintained in a manner that is consistent with the
condition and quality of beach equipment found in first class
concessions located on public beaches in world class beach reso(s
comparable to the City of Miami Beach. lt is the City's intent, and
Concessionaire hereby agrees and acknowledges sarne, to develop
and promote world class public beach concession facilities and
operations that would be comparable to those found at other public
beach concession facilities in world class resorts comparable to Miami
Beach. Accordingly, Concessionaire shall not only, at a minimum,
maintain all beach equipment placed within the Concession Areas in
usable condition, but shall adhere, as indicated in this subsection, to
the highest ongoing maintenance standards for same.
Following the Commencement Date of this Agreement, the City may,
at its option, request that Concessionaire provide it with a full
inventory of all beachfront concession equipment contemplated for
use herein, including types and numbers (per item); dates of lease
and/or purchase; and initial condition, established as of the date of
inventory. Thereafter, City and Concessionaire shalljointly prepare a
plan and schedule for the ongoing replacement and/or updating of
beachfront concession equipment throughout the Term of this
Agreement.
City and Concessionaire hereby acknowledge that the buffer zones
around the lifeguard stands/facilities and the Handicap Zones,
referenced herein, shall not apply to other areas of the beach (i.e.
non-Concession Areas) in which the upland owner is a private entity,
unless the City's Rules and Regulations for Beachfront Concessions
(as same may be amended from time to time,) explicitly so provide.
Notwithstanding the preceding, the provisions of this subsection shall
10
331
3.2
in no way be deemed or construed as a waiver on the part of the City
of its Rules and Regulations for Beachfront Concessions.
Food and Beveraoe Service.
Concessionaire shall prepare, or cause to be prepared, for sale within
and from the Concession Buildings located at 21't Street and 46th
Street, respectively, and as delineated in Exhibits 2.1 (a) and2.2 (a)
herein, cooked, prepared, and/or pre-packaged foods and non-
alcoholic beverages, as set forth in Exhibit 3.2.1. The City hereby
approves the types of food and beverages, and prices for same, as
set forth in Exhibit 3.2.1. Any amendments to Exhibit 3.2.1, whether
as to type of food and beverages to be sold, or as to changes in
prices for same, must be approved in writing by the City Manager or
his/her designee prior to such changes being implemented within the
Concession Area(s); and a new updated Exhibit 3.2 1 will be
incorporated into this Agreement.
I ntentionally Omitted.
AII food and beverages sold within the Concession Areas will be
prepared using only the equipment and/or methodolcgy approved by
the City and shall. further, be prcperly prepareo ancj served in
compliance with all appiicable health anci sanitary standarcls, laws and
regulations.
The quality of food beverages, ano food and beverage s€[V,ce
offered will be first-rate and comparable to that available at public
beach concessions at world class beach resorts on par with the City
r:f Miami Beach and, at a mininrum, comparable to the quality of food,
beverages, and service provided by concessicnaires behind privately
owned hotels within the City of Miami Beach.
ln addition to Concessionaire's general rnaintenance ohligations for
the Concession Areas, as set forth in Section 10 hereof, the
Concession buildings, any beachfront dispensing/storage facilities,
and the immediately surrounding twenty five (25) foo! adjacent areas,' shall at all times be maintained in a clean and sanitary rnanner" At
ieast one f i,1 supervrsory emptoyee nrusl possess a Foocj Service
Managemerit Certification issued by a County Public Health
Department in Florida. ln addition, each Concession buildtrrg (and, if
deemed required, each dispensing facility) must be licensed by the
Florida Department of Business Regulation, Division of Hotels and
Restaurants; and/or the Department of Agriculture; and/or as may
further be required by State law or by corresponding agencies.
Food and beverage services shall be offered daily to patrons at all
times during the Concession Area(s) hours of operation, as set forth
in Section t herein; provided that if Concessionaire can show, to the
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
11
332
3.3
City Manager, or his/her designeels, reasonable satisfaction, that if
either an increase or decrease in demand for such service exists in
one or all of the Concession Areas then, in that event, following
Concessionaire's obtaining the City Manager, or his/her designee's,
prior written consent, Concessionaire shall be allowed to increase or
decrease its hours of operation accordingly.
Sale of Beach Related Sundries.' This shall generally include the sale of those sundry items identified in
Exhibit 3.3, substantially in accordance with the price ranges set forth
therein. Any amendments to Exhibit 3.3, whether as to changes and/or.
additions of items to be offered for sale, or in the respective price ranges for
same, must be approved in writing by the City Manager or his/her designee,
prior to such changes and/or additions being implemented within the
Concession Area(s); and , in event of such approved, a new updated Exhibit
3.3 will be incorporated into this Agreement.
lntentionally Omitted
Storaqe of Concession Facilities/Equipment.
3.5.1 The design, materials, color, signage, etc. of any structure oriacility'
to dispense services from the Concession Areas, and/orfor storage of
beachfront concession equipment, other than the existing Concession
Buildings identified in Sections 2.1 and 2.2, must obtain City Design
Review approval prior to Commencement of operations. Such. approved facilities shall be incorporated herein as Exhibit 3.5.1. The
location of same must be approved by the City Manager or his/her
designee, and shall be designated within Concessionaire's proposed
site plan(s), (as referenced in Exhibil3.1.2). Concessionaire shall not
deviate from or change the type, design and/or location of its
proposed beachf ront concession d ispensi n g/storage facilities without
the prior written consent of the City Manager or his/her designee.
3.5.2 Priorto the Commencement Date of this Agreement, Concessionaire
shall provide the City Manager or his/her designee with a written plan
for storage and removal of Concessionaire's Concession equipment
and dispensing facilities, for the Manager or hislher deslgnee's
approval. This shall include the use of any dispensing and/or storage
facilities contemplated in Subsectibn 3.5.1 above. The aforestated
shall comply with the City's Rules and Regulations for Beachfront
Concession Operations, as well as any subsequent amendment(s)
thereto.
Hurricane Evacuation Plan.
Concessionaire agrees that all' its beachfront concession storage and
dispensing facilities, beach equipment, and any and all other equipment or
other items used in the concession operations, will be removed from the. Concession Areas immediately within eight (8) hours of the issuance of a
3.4
3.5
3.6
12
333
3.7
Hurricane Warning by the Miami-Dade County Office of Emergency
Management, and stored at an approved, private, off-site location. Prior to
the Commencement Date of this Agreement, Concessionaire shall provide
the City Manager or his/her designee with a hurricane
preparedness/evacuation plan, which shall include the location and proof of
ownership and/or control by Concessionaire (either through a deed, lease or
other document satisfactory to the City Manager and/or his/her designee) of
a proposed hurricane storage facility; both of which shall be referenced in
Exhibit 3.6 to this Agreement.
Sea Turtles.
Concessionaire agrees and understands that the State of Florida has
advised that, in order to place facilities and/or equipment on the beach;
surveys for marine turtle nesting activity must be ongoing, and have been
conducted daily for sixty five (65) days prior to the initial date of operation, or
beginning May'1'', of each year. The Concession Area(s) are currently
surveyed by the Beach Maintenance Division of the Miami-Dade County
Parks and Recreation Department.
a. lt is the responsibility of the Concessionaire to abide by any order
issued by the State of Florida and/or cooperate with Miami-Dade
County to ensure that nesting surveys are conducted in accordance
with the conditions set forth by the State.
b. ln the event an unmarked marine turtle nest is exposed, or a dead,
injured, or sick marine turtle is discovered, the Florida Marine Patrol
(1-800-DIAL-FMP) shall be notified immediately such that appropriate
conservation measures may be taken.
c. No temporary lighting associated with the concession willbe permitted
at any time during the marine turtle nesting season and no permanent
lighting is authorized.
d. The placement and removalof facilities and equipment on the beach
seaward ol 230 feet from the high water line shall be conducted
during daylight hours and shall not occur in any location prior to
completion of the necessary marine turtle protection measures.
e. l-he beach area seaward of the 230-foot setback trom the high water
line should be cleared of all furniture and equipment, except lifeguard: equipment, at nights during the turtle-nesting season.
f. Disturbing the existing beach, and dune topography and vegetation is
prohibited
Citv Business Tax Receipts.
Concessionaire shallobtain, at its sole cost and expense, any City required
business tax receipts (formerly referred to as occupational licenses), as
necessary, for the proposed uses contemplated in Section 3 of the
3.8
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Agreement. To the extent required by City law, a business tax receipt shall
be obtained for each proposed use within a particular Concession Area (e.9.
For example, for the 21't Street Concession Area, Concessionaire would be
required to obtain three (3) business tax receipts for: (i) Rental of Beach
:. Equipment; (ii) Food and Beverage Service; (iii) Sale of Beach-related
Sundries).
SECTION 4. CONCESSION FEES.
4.1 Minimum Guarantee (MG).
ln consideration of the City's granting of the rights provided in this
Agreement, the Concessionaire shall pay to the City a Minimum
Guaranteed Annual Concession Fee (MG) of Forty Eight Thousand
($48,000.00) Dollars" The MG shall be payable in twelve (12) equal monthly
installments gf $4,000 each, with the first such installment due upon
execution of the Agreement and each of the remaining monthly installments
due on the first day of every month thereafter during the Term of the
Agreement.
A.Z Percentaqe of Gross (PG) vs. MG:
. For each contract year, the Concessionaire shall pay the City, on an annual
basis, and within thirty (30) calendar days from the end of each contact year
during the Term herein, Percentage Rent (PG) of Concessionaire's total
gross receipts as follows:
Gross Receipts PG
$250,000 260/o
$300,000 27%
$350,000 28%
$400.000 29%
$450,000 30%
ln the event that the annual PG is less than the amount provided in
Subsection 4.3 below, then the Concessionaire shall also pay to the City, on
an annual basis, the difference between the PG amount and the amount
provided in Subsection 4.3 below, no later than thirty (30) days after the
expiration of the initial term, or of any renewal term of this Agreement (as the
case may be).
The term "gross receipts" is understood to mean all income collected or
accrued, derived by the Concessionaire under the privileges granted by this
Agreement, excluding amounts of any Federal, State, or City sales tax, or
other tax, governmental imposition, assessment, charge or expense of any
kind, collected by the Concessionaire from customers and required by lawto
be remitted to the taxing or other governmental authority.
ffissionaireisrequiredtomaketoCitywhichisnot
paid on or before the respective date provided for in this Agreement shall be
4.3
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335
I' subject to interest at the rate of twelve (12%) percent per annum, or the
highest allowable'percentage rate under Florida law, whichever is greater;
from the due date of payment until such time aS payment is actually received
by the City.
4.4 Sales and Use Tax.
It is also understood that the required Florida State Sales and Use Tax shall
be added to Concessionaire's payments and forwarded to the City as part of
said payments. lt is the City's intent that it is to receive all payments due from
Concessionaire as net of such Florida State Sales and Use Tax.
-SeCrtON
S. funtrurrNRruCe nUO eXRrrAtruRttON Or RECOROS.
Concessionaire shall maintain current, accurate, and complete financial records, on an
accrual bbsis, of accounting related to its operations pursuant to this Agreement. Systems
and procedures used to maintain these records shall include a system of internal controls
and all accounting records shall be maintained in accordance with generally accepted
accounting principles and shall be open to inspection and audit, by the City Manager or his
designee, upon reasonable prior request and during normal business hours. Such records
and accounts shall include a breakdown of gross receipts, expenses, and profit and loss
statements. Concessionaire shall maintain accurate receipt-printing cash registers or a like
alternative in all Concession Areas which will reco'rd and show the payment for every sale
made or service provided in such Areas; and such other records shall be maintained as
would be required by an independent CPA in order to audit a statement of annual gross
receipts and profit and loss statement pursuant to generally accepted accounting
principles.
'A monthly report of gross receipts must be submittbd to the City's Finance Department's
Revenue Supervisor, and must be received no later than thirty (30) days after the close of
each month.
SECTION 6. INSPECTION AND AUDIT.
Concessionaire shall maintain its financial records pertaining to its operations for a period
of three (3) years after the conclusion of any contract year and such records shall be open
and available to'the City Manager or his/her designee, as deemed necessary by them.
Concessionaire shall rnaintain all such records at its principal office, currently located at
4299 Collins Avenue, Miami, Florida, 33140, or, if moved to another location, all such
records shall be relocated, at Concessionaire's expense, to a location in Miami Beach,
within ten (10) days'written notice from the City.
The City Manager or his/her designee shall be entitled to audit Concessionaire's records
pertaining to its operations as often as the City deems reasonably necessary throughout
the Term of this Agreement, and three (3) times within the three (3) year period following
termination of the Agreement, (regardless of whether such termination results from the
natural expiration of the term or for any other reason). The City shall be responsible for
paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five
(5%) percent or more in Concessionaire's statement of gross receipts for any year or years
audited, in which case Concessionaire shall pay to the City, within thirty (30) days of the
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audit being deemed final (as specified below), the cost of the audit and a sum equalto the
amount of the deficiency revealed by the audit, plus interest. The audit shall not be
deemed final until Concessionaire has received the audit and has had a reasonable
opportunity to review the audit and discuss the audit with the.City. These audits are in
addition to periodic audits by the City of Resort Tax collections and paymbnts, which are
performed separately. Nothing contained within this Section shall preclude the City's audit
rights for Resort Tax collection purposes.
Concessionaire shall submit at the end of each contract year, an annual statement of gross
receipts, in a form consistent with generally accepted accounting principles. Additionally,
such statement shall be accompanied by a report from an independent CPA firm which
shall perform certain agreed upon procedures, as described in the attached Exhibit 6.
it is Con""ssionaire's intent to stay informed of comments and suggestions by the City
regarding Concessionaire's performance under the Agreement. Within thirty (30) days after
the end of each contract year, Concessionaire and the City Manager or his/her designee
may meet to review Concessionaire's performance under the Agreement for the previous
contract year. At the meeting, Concessionaire and City may discuss quality, operational,
maintenance and any other issues regarding Concessionaire's performance under the
Agreement.
SECTION 7. TAXES. ASSESSMENTS, AND UTILITIES.
7.1 Concessionaire agr"e" to, and shall pay before delinquency, all taxes
(including but not limited to resort taxes) and assessments of any kind
assessed or levied upon Concessionaire by reason of this Agreement or by
reason of the business or other activities of Concessionaire upon or in
connection with the Concession Area(s). Concessionaire will have the right,
at its own expense, to contest the amount or validity, in whole or in part, of' any tax and/or assessment by appropriate proceedings diligently conducted
in good faith. Concessionaire may refrain from paying a tax or assessment to
the extent it is contesting the assessment or imposition of same in a manner
that is in accordance with law; provided, however, if, as a result of such
contest, additional delinquency charges become due, Concessionaire shall
be responsible for such delinquency charges, in addition to payment of the
contested tax and/or assessment if so ordered.
Concessionaire shall also pay for any fees imposed by law for licenses or
permits for any business or activities of Concessionaire upon the Concession
Area(s).
Concessionaire shall be solely responsible for, and shall promptly pay when
due, all charges for gas, electricity, water, sewer, cable, telephone, trash
collection, and any other utility service provided to the Concession Area(s),
including, without limitation, all hook-up fees and impact fees.
Notwithstanding the' preceding sentence, the City shall charge
Concessionaire a flat fee for: 1) electricity, in the amount of Two Hundred
Forty ($240.00) Dollars ($120.00 for each Concession Building) per month;
and 2) water usage, in the amount of Eighty One and 60/100 ($81.60)
337
Dollars ($40.80 for each Concession Building) per month. The City reserves
the right, at its sole discretion, to adjust the flat monthly fees charged to
Concessionaire for electric and water use, at any time during the term of this. Agreement, upon thidy (30) days prior written notice.to Concessionaire. ln
addition to other rights and remedies hereinafter reserved to the City, upon
the failure of Concessionaire to pay for such utility services when due, City
may elect to pay same whereby Concessionaire agrees to promptly' reimburse the City upon demand. ln no event, however, shall the City be
liable, whether to Concessionaire or to third parties, for an interruption or
failure in the supply of any utilities or services to the Concession Area(s).
7.2 Procedure lf Ad Valorem Taxes Assessed.
Notwithstanding Subsection 7.1 above, the parties agree that the operations' contemplated herein are for public purposes and, therefore, no ad'valorem
taxes should be assessed by the Miami-Dade County Tax Appraiser. lf,
however, said taxes are assessed, Concessionaire shall be solely
responsible for prompt and timety payment of same.
SECTION B. EMPLOYEES AND INDEPENDENT CONTRACTORS.
8.1 ln connection with the performance of its responsibilities hereunder,
Concessionaire shall hire its own employees and/or independent contractors,
who will be employees and/or independent contractors of Concessionaire
and not of the City. Concessionarre shall select the number, function,
qualifications, compensation, including benefits (if any), and may, at its
discretion and at any time, adjust or revise the terms and conditions relating
to such employees and/or independent contractors.
8.2 Concessionaire and its employees and/or independent contractors shallwear
identification badges and uniforms, approved by the City, during all hours of
operation when such employee or independent contractor is acting within the
scope of such employment or such independent contractor relationship. All
employees and/or independent contractors shall observe all the graces of
personal grooming. The Concessionaire shall hire people to work in its
concession qperation who are neat, clean, wellgroomed, and who comport
themselves in a professional and courteous manner. The Concessionaire
and any persons hired by it, shall never have been convicted of a felony. The
Concessionaire shall have an experienced manager or managers overseeing
the concession operations at all times.
SECTION 9. HOURS OF OPERATION.
All Concession Areas and concession operations thereon shall be open every day of the
year, weather or events of forbe majeure permitting, and shall be open no earlier than one
(1) hour after sunrise (daily), and close no later than one (1) hour before sunset (daily).
Sunrise and sunset shall be established on a daily basis by the National Weather Service.
Any change in the hours of operation shall be at the City Manager's sqle option and
discretion, and any request by Concessionaire for an increase or decrease in same shall
be subject to the prior written approval of the City Manager or his/her designee.
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SECTION 10. IMPROVEMENTS, MAINTENANCE. REPAIR and OPERATION.
The Concessionaire accepts the use of all the Concession Area(s) (including, without
limitation, the concession buildings) provided in this Agreement in their "AS lS" "WHERE
lSi' condition- Concessionaire assumes sole responsibility and expense for maintenance of
the Concession Area(s) and all facilities and equipment thereon, and the Dune area
landward and adjacent thereto. This shall include daily removal of litter, garbage and debris
at the sole responsibility and expense of Concessionaire. Daily maintenance shall be
accomplished 365 days per year throughout the Term hereof, Concessionaire agrees, also
at its sole cost and expense, to pay for all garbage disposal generated by its operations.
10.1
10.1.1
lmprovements.
Concessionaire accepts the concession buildings, as defined in. Sections 2.1 (a) and 2.2 (a), in their present "AS IS" "WHERE IS"
condition and shall, at its sole cost and expense, construct or cause to
be constructed, all interior and ext6rior improvements and
maintenance lo the concession buildings, as reasonably necessary
for it to carry on its permitted use(s), as set forth in Section 3;
provided, however, that any plans for such improvements shall be
submitted to the City Manager or his/her designee for their prior
written approval. All p'ermanent (fixed) improvements to the
concession buildings shall remain the property of the City upon
termination and/or expiration of this Agreement. Upon termination
and/or expiration of this Agreement, all personal property and non-
permanent trade fixtures may be removed by the Concessionaire from
the concession buildings without damage to the concession buildings.
Concessionaire will permit no liens to attach to the concession
buildings arising from, connected with, or related to the design and
construction of any improvements. Moreover, any .permitted
construction shall be accomplished through the use of licensed,
reputable contractors who are acceptable to the City. Any and all
permits and or licenses required for thO installation of improvements
shall be the sole cost and responsibility of Coniessionaire.
Notwithstanding Subsection 10.1.1 above, upon termination and/or
expiration of this Agreement, and at City's sole option and discretion,
any and all alteratlons or additions made by Concessionaire to or in
the concession buildings shall, upon written request from the City
Manager or his/her designee, be promptly removed by
Concessionaire at its cost and expense, and Concessionaire further
hereby agrees, in such event; to restore the concession buildings to
their original condition prior to the Commencement Date of this
Agreement.
The above requirements for submission of plans and the use of
specific contractors shall not apply to improvements (which term, for
purposes of this Subsection 10.1 .3 only, shall also include
10.1.2
10.1 .3
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10.2
1 0.3
improvements necessary for Concessionaire's ongoing maintenance
and repair of the concession buildings) which do not exceed Five
Hundred ($500.00) Dollars; provided that the work is not structural,. and provided further that it is permitted by applicable law"
Garbaqe Receptacles.
With respect to litter, garbage and debris removal, the Concessionaire shall
provide, at its sole cost and expense, receptacles within the confines of the
Concession Area(s) and shall provide a sufficient number of these
receptacles for its own use and for the use of the public. Disposal of the
contents of said receptacles and removal of litter, garbage and debris within
the Concession Area(s), shall be done on a daily basis, and shall be the sole
responsibility of the Concessionaire. Any costs for removal of the contents of
said trash receptacles by the City, because of the Concessionaire's failure to
do the same, will be assessed to, and become the responsibility of, the
Concessionaire. The dumping or disposal of any refuse, discards, trash or
garbage, generated by, or as a result of the concession operations, into any
of the Miami-Dade County trash receptacles, by the Concessionaire
(including its staff and employees), shall be strictly prohibited. Determination
of the "number" of receptacles shall at all times be within the City Manager or
his/her designee's sole discretion, and Concessionaire shall agree to be
bound by same.
Maintenance/Repair.
The Concessionaire must maintain, at its own cost and expense, allfacilities
(including, without limitation, the concession buildings), equipment and
furnishings required to operate the concession. The Concessionaire shall
maintain said facilities, equipment, and furnishings during the Term of this
Agreement at its sole cost and expense. ln the event any of the aforesaid
items are lost, stolen, or damaged, they shall be replaced or repaired at the
sole cost and expense of the Concessionaire within fifteen (15) days of
written notice from the City.
10.3.1 Concessionaire shall be solely responsible for the day to day
operation, maintenance and repair of the concession buildings.
Concessionaire shall, at its sole cost and expense, maintain the
concession buildings, and allfixtures and appurtenances thereto, and
shall make all repairs thereto, as and when needed, to preserve them
in good working order and condition. Concessionaire shall be
responsible for all interior walls, and the interior and exterior of all
windows and doors, as well as immediate replacement of any and all
plate glass or other glass in the concession buildings which may
become broken, using glass of the same or better quality.
The City shall be responsible for the rnaintenance of the roof, the
structural exterior of the buildings, and the exterior structural electrical
and plumbing (not interior electrical and/or plumbing surrounding any
sink within the concession buildings).
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10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
All damage or injury of any kind to the concession bullding(s), and/or
to their respective fixtures, glass, appurtenances, and equipment,
except damage caused by the wrongful acts or negligence of the City,
shall be the'obligation-of Concessionaire, and shall be repaired,
restored or replaced promptly by Concessionaire, at its sole cost and
expense, to the satisfaction of the City.
All of the aforesaid repairs, restorations and replacements shall be in
quality and class equal to or better than the original work or
installations and shall be done in good and workmanlike manner.
lf Concessionaire fails to make such repairs, restorations and/or
replacements, the same may be made by the City, at the expense of
Concessionaire, and all sums spent and expenses incurred by the
City shall be collectable by the City and shall be paid by
Concessionaire within ten (10) days after rendition of a bill or
statement thereof.
It shall be Concessionaire's sole obligation to insure that any
renovations, repairs and/or improvements made by Concessionaire to
the concession buildings complywith allapplicable building codes and
life safety codes of governmental authorities having jurisdiction.
IN ALL OTHER RESPECTS, CONCESSIONAIRE ACCEPTS THE
CONCESSION BUILDINGS IN THEIR PRESENT "AS IS'' "WHERE
ls" coNDlTtoN.
Orderlv Operation.
The Concessionaire shall have a neat and orderly operation at all trmes and
shall be solely responsible for the necessary housekeeping services to
properly maintain the Concession Area(s) and all facilities incident thereto.
There shall be no living quarters nor shall anyone be permitted to live within
the facilities and/or Concession Area(s). The Concessionaire shall make
available all facilities within the Concession Area(s) under its control for
examination during hours of operation by the City Manager or his/her
authorized representative.
No Danqerous Materials.
The Concessionaire agrees not to use or permit in the Concession Area(s) or
facilities the storage and/or use of gasoline, fuel oils, diesel, illuminating oils,
oil lamps, combustible powered electricity producing generators, turpentine,
benzene, naphtha, propane, natural gas, or other similar substances,
combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of
Florida. Any such substances or materials found within the Concession
Area(s) shall be immediately removed. This subsection shall not apply to any
substances permitted by the City's Rules and Regulations for Beachfront
Concession Operations; provided such substances are used or stored in
connection with concession operations, and are not (at any time) otherwise
10.4
10.5
341
10.6
10.7
prohibited by County, State or Federal law.
Concessionaire shall indemnify and hold City harmless from any loss,
damage, cost, or expense of the .City, including, without limitation,
reasonable attorney's fees, incurred as a result of, arising from, or connected
with the placement by Concessionaire of any "hazardous substance" or
"petroleum products" on, under, in or upon the Concession Areas as those
terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder;
provided, however, Concessionaire shall have no liability in the event of the
willful misconduct or gross negligence of the City, its agents, servants or
employees. The provisions of this Subsection 10.5 shall survive the
termination or earlier expiration of this Agreement.
Securitv.
The Concessionaire shall be responsible for and provide reasonable security
measures which may be required to protect the Concession Area(s) and any
of the equipment, materials and facilities thereon. Under no circumstances
shall the City be responsible for any stolen or damaged equipment, materials
and facilities, nor shall City be responsible for any stolen or damaged
personal property of Concessionaire's patrons, guests, invitees, and/or other
third parties.
Vehicles on the Beach.
Concessionaire's vehicles shall include (i) any "on-road vehicle" and/or
trailers licensed in accordance with applicable County, State and Federal
law, to operate on public streets and roadways and shall also include any (ii)
non "on-road" vehicles such as golf carts and all terrain vehicles ("ATV"'s)
(both (i) and (ii) shall be referred collectively herein as "vehicles").
Concessionaire's vehicles shall only be allowed on the beachfront for
purposes of supplying the concession operations, and to remove equipment
at the close of operations each day, and must be removed from the
beachfront immediately thereafter. Anyone operating a vehicle for or on
behalf of Concessionaire must have a current valid Florida Driver's License.
Said supplying and removal operations shallonly be permitted during regular
hours of operation, and shall be completed safely and expeditiously. No
vehicular traffic will be permitted on the beach after sunset or prior to sunrise.
Access to the beach shatl only be permitted via specificallv designated dune
crossovers authorized for such use and nearest to the concession operation.
Vehicles operated on the beachfront shall not exceed 5 M.P.H. and shall only
operate in the immediate vicinity of the concession or to-and-from the
nearest predetermined and assigned access ramp. After transporting
equipment to a Concession Area, the vehicles shall be removed from the
beachfront area and parked in a legally authorized location. Driving on the
beachfront area shall be kept to a minimum. No vehicular traffic will be
permitted on the beach, at any time or for any purpose, other than as stated
herein. Driving from one Concession Area, concession facility and/or
concession location to another to service, supervise, or for any other reason,
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10.8
is prohibited. Concessionaire must exit to the street as provided above to
access other locations. All vehicles operated on the beach must have a tire-
to-ground pressure of ten pounds per square inch (10 p.s.i) or less.
Eighteen-inch (18") high cones, orange in color, shall be placed in frontof,
and at the rear of the vehicle when parked. Vehicle operator must inspect the
vehicles perimeter and surrounding area, prior to turning the vehicles ignition
switch, to assure a clear path of egress and only proceed with extreme
caution. Vehicles must always remain on the "hard-packed" sand area.
Driving or parking on any "soft-sand" area is prohibited.
All vehicles must have signage, on each side, with the name of the
concession operator in 4" high letters on a contrasting background.
A total of two (2) vehicles, (which may include such combination of the type
of vehicles specified in (i) and (ii) above as Concessionaire may deem
necessary but which total number of vehicles shall in no event exceed two
(2) are herein permitted, and shall be properly marked and identified as in
accordance with the applicable guidelines for vehicles provided above.
Provided, however, that in order to contain vehicular traffic on the beach to a
minimum, the City Manager or his/her designee, must approve any additional
"on-road" and/or non "on-road" vehicles to be used by Concessionaire prior
to such use.
lnsoection.
The Concessionaire agrees that the Concession Area(s) and all buildings,
facilities, equipment, and operations thereon, may be inspected at any time
during hours of operation by the City Manager or his/her designee, or by any
other Municipal, County, State officer, or other agency having responsibility
and/or jurisdiction for inspections of such operations. The Concessionaire
hereby waives all claims against the City for compensation for loss or
damage sustained by reason of any interference with the concession
operation by any public agency or official in enforcing their duties or any laws. or ordinances. Any such interference shall not relieve the Concessionaire
from any obligation hereunder.
SECTION 11.INSURANCE.
Concessionaire shall maintain. at its sole cost and expense, the following tvpes of
insurance coverage at all times throughout the Term of this Agreement:
Comprehensive General Liability, in the minimum amount of One Million
($1,000,000.00) Dollars per occurrence for bodily injury and property
damage. This policy must also contain coverage for premises operations,
products and contractual liability.
Workers Compensation lnsurance shall be required in accordance with the
laws of the State of Florida.
a.
b.
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Automobile lnsurance shall be provided covering all owned, leased, and
hired vehicles and non-ownership liability for not less than the following
limits:
Bodily lnjury $1,000,000 per person
Bodily lnjury $1,000,000 per accident
Property Damage $1,000,000 per accident
The policies of insurance referred to above shall not be subject to cancellation or
changing coverage except upon at teast thirty (30) days prior written notice to the
City, and then only subject to the prior written approval of the City Manager or
his/her designee. Prior to the Commencement Date of this Agreement,
Concessionaire shall provide City with a Certificate of lnsurance for each such
policy. ALL POLICIES SHALL NAME THE Clry OF MIAMI BEACH FLORIDA AS
AN ADDITIONAL NAMED INSURED. All such policies shall be obtained from
companies authorized to do business in the State of Florida with an A.M. Best's
lnsurance Guide (latest edition) rating acceptable to the City's Risk Manager, and
any replacement or substitute company shall also be subject to the approval of the
City's Risk Manager. Should Concessionaire fail to obtain, maintain or renew the
policies of insurance referred to above, in the required amounts, the City may, at its
sole discretion, obtain such insurance, and any sums expended by City in obtaining
said insurance, shall be repaid by Concessionaire to City, plus ten (10%) percent of
the amount of premiums paid to compensate City for its administrative costs. lf
Concessionaire fails to repay City's expenditures within fifteen (15) days of demand,
the total sum owed shall accrue interest at the rate of twelve (12%) percent until
paid, and such failure shall be deemed an event of default hereunder.
SECTION 12. INDEMNITY.
12.1 ln consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, Concessionaire shall indemnify, hold
harmless and defend the City, its agents, servants and employees from and
against any claim, demand or cause of action of whatsoever kind or naturd
arising out of error, omission, or negligent act of Concessionaird, its
subconcessionaire(s), agents, servants or employees in the performance of
services under this Agreement.
ln addition, in consideration of a separate and specific consideration of Ten
($10.00) Dollars and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, Concessionaire shall
indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or caqse of action of
whatever kind or nature arising out of any misconduct of Concessionaire not
included in the paragraph in the subsection above and for which the City, its
agents, servants'or employees-are alleged to be liable.
Subsections 12,1 and 12.2 shall survive the termination or expiration of this
Agreement. Subsection s 12.1 and 12.2 shall not apply, however, to any such
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12.3
344
12.4
12.5
12.6
12.7
liability, that arises as a result of the willful misconduct or gross negligence of
the City, its agents, servants or employees.
Subroqation.
The terms of insurance policies referred to in section 11 shall preclude
subrogation claims against concessionaire, the city and their respective
officers, employees and agents.
Force Maieure.
Neither party shall be obligated to perform hereunder and neither party shall
be deemed to be in default if performance is prevented by:
a. fire which renders at least thirty (30%) percent of the concessionaire's
cumulative facilities and equipment unusable and which is not caused
by negligence of Concessionaire;
b. earthquake; hurricane, flood; act of God; direct act of terrorism; or civil
commotion occurring on the Concession Area(s); or
c. any law, ordinance, rule, regulation or order of any public or military
authority stemming from the existence of economic or energy
controls, hostilities, or war.
The parties hereto acknowledge that concessionaire's obligations and
benefits hereunder may be negatively affected by an event of Force Majeure.
lf an event of Force Majeure occurs during a contract year, and provided
further that concessionaire's minimum guarantee payment(s) to the city for
that contract year is greater than the applicable percentage payment, then
the City Manager or his/her designee, in his/her sole discretion, may extend
the Term of this Agreement for a reasonable period of time; provided,
however, such extension shall take effect only if concessionaire agrees to
such extension.
Labor Dispute.
ln the event of a labor dispute which results in a strike, picket or boycott
affecting the concession Area(s) or operation described in this Agreement,
concessionaire shall not thereby be deemed to be in clefault or to have
breached any part of this Agreement, unless such dispute shall have been
caused by illegal labor practices or violations by concessionaire of applicable
collective bargaining agreements and there has been a finaldetermination of
such fact which is not cured by Concessionaire within thirty (30) days.
Waiver of Loss from Hazards.
The concessionaire hereby expressly waives all claims against the city for
loss or damage sustained by the Concessionaire'resulting from fire, water,
natural disasters/acts of God (e.9. hurricane, tornado, etc.), civil commotion,
riot, or any other Force Majeure contemplated in Subsection 12.5 and Labor
Dispute in Subsection 12.6 above, and the Concessionaire hereby expressly
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waives all rights, claims, and demands against the City and forever releases
and discharges the City of Miami Beach, Florida, from alldemands, claims,
actions and causes of action arising from any of the aforesaid causes.
SECTION 13. DEFAULT AND TERMINATION.
Subsections 13.1 through l3.3shallconstituteeventsof defaultunderthisAgreement. An
event of default by Concessionaire shall entltle City to exercise any and all remedies
described as City's remedies under this Agreement, including but not limited to those set
forth in Subsection 13.4 and Section 14. An event of default by City shall entitle
Concessionaire to exercise any and all remedies described as Concessionaire's remedies
under this Agreement, including but not limited to those set forth in Subsection 13.5.
13.1 Bankruptcv.
lf either the City or Concessionaire shall be adjudged bankrupt or insolvent,
or if any receiver or trustee of all or any part of the business property of
either party shall be appointed, or if any receiver of all or any part of the
business property shall be appointed and shall not be discharged within sixty
(60) days after appointment, or if either party shall make an assignment of its
property for the benefit of creditors, or shall file a voluntary petition in
bankruptcy, or insolvency, or shall apply for reorganization or arrangement
with its creditors under the bankruptcy or insolvency laws now in force or
hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be
filed against either party and shall not be dismissed within sixty,(60) days
after such filing, then the other party may immediately, or at any time
thereafter, and without further demand or notice, terminate this Agreement
without being prejudiced as to any remedies which may be available to it for
breach of contract.
Default in Pavment.
ln the event Concessionaire fails to submit any payment within five (5) days
of its due date, there shall be a late charge of Fifty ($50.00) Dollars per day
for such late payment, in addition to interest at the highest rate allowable by
law (currently 12% per annum). lf any payment and accumulated penalties
are not received within fifteen (15) days after the payment due date, and
such failure continues three (3) days afterwritten notice thereof, then the City
may, without further demand or notice, terminate this Concession Agreement
without being orejudiced as to anv remedies which may be available to it for
breach of contract; and may begin procedures to retain the Security Deposit
required in Section 14 herein.
Non-Monetary Default.
ln the event that Concessionaire or the City fails to perform or observe any of
the covenants, terms or provisions under this Agreement, and such failure
continues thirty (30) days after written notice thereof from the other party
hereto; such non-defaulting party may immediately or at any time thereafter,
and without further demand or notice, terminate this Agreement without
being prejudiced as to any remedies which may be available to it for breachi
of contract. ln the event that a default is not reasonably susceptible to being
13.2
13.3
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cured within such period, the defaulting party shall not be considered in
default if it shall, within such period, commence with due diligence and
dispatch to cure such default and thereafter completes with dispatch and due' diligence the curing of such default, but in no event shall such extended cure
period exceed ninety (90) days from the date of written notice thereof. ln the
event Concessionaire cures any default pursuant to this subsection, it shall
promptly provide City with written notice of same.
13.4 Citu's Remedies for Concessionaire's Default.
lf any of the events of default, as set forth in this Section, shall occur, the
City may, after notice (if required) and the expiration of cure periods, as
provided above, at its sole option and discretion, institute such proceedings
as in its opinion are necessary to cure such defaults and to compensate City
for damages resulting from such defaults, including but not limited to the right' to give to Concessionaire a notice of termination of this Agreement. lf such
notice is given, the term of this Agreement shall terminate upon the date
specified in such notice from City to Concessionaire" On the date so
specified, Concessionaire shall then quit and surrender the Concession
Area(s) to City pursuant to the provisions of Subsection 13.7. Upon the
termination of this Agreement, all rights and interest of Concessionaire in and
to the Concession Area(s) and to this Agreement, and every part thereof,
shall cease and terminate and City may, in addition to any other rights and
remedies it may have, retain all sums paid to it by Concessionaire under this
Agreement, including but not limited to, beginning procedures to retain the
Security Deposit in Section 14 herein. ln addition to the rights set forth
above, City shall have the rights to pursue any and all of the following:
a. the right to injunction or other similar relief available to it under Florida
law against Concessionaire; and or
13.5
13.6
13.6
b. the right to maintain any and all actions at law or suits in equity or
other proper proceedings to obtain damages resulting from
Concessionaire's default.
lf an event of default, as set forth in this Section, by the City shall occur, the
Concessionaire may, after notice (if required) and the expiration of the cure
periods, as provided above, at its sole option and discretion, terminate this
Agreement upon written notice to the City and/or sue for damages. Said
termination shall become effective upon receipt of a written notice of
termination by the City, but in no event shall Concessionaire specify a
termination date that is less than sixty (60) days from the date of the written
termination notice. On the date specified in the notice, Concessionaire shall
quit and surrender the Concession Area(s) to City pursuant to the provisions
of Subsection 13.7.
Termination for Convenience/Partial Termination.
Concessionaire acknowledges that the City may develop a schedule
of capital improvements and/or beach renourishment projects in or
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around the 2l "tStreet and/or46th Street Concession Areas which may
entail a closure of all or a portion of the Concession Area(s), to be
determined atthe City Manager's sole discretron. ln the eventthatthe
City closes down a Concession Area(s) for the pur:pose of undertaking
a capital improvement and/or renourishment project(s) thereon, then
the parties agree that that portion of the Agreement referencing the
closed Concession Area(s) shall be partially terminated for
convenience, without cause and without penalty to either pafty. Such
a termination shall become effective upon sixty (60) days prior written
notice to Concessionaire
13.6.2 ln the event of termination or partial termination by City of the
Agreement pursuant to this subsection, Concessionaire hereby
acknowledges and agrees that it shall not have any claim, demand, or
cause of action of whatsoever kind or nature, against the City, its
agents, servants and employees (including, but not limited to, claims
for interference in business or damages for interruption of services or
interference in its concession operations). Additionally, in the events
of a partial termination, the parties agree and acknowledge that the
Agreement shall remain in full force and effect as to the remainder of
the open Concession Area(s).
13.7 Surrender of Concession Areas.
At the expiration of this Agreement, or earlier termination in accordance with
the terms of this Agreement, Concessionaire shall surrender the Concession
Area(s) in the same condition as the Concession Area(s) were prior to the
commencement of this Agreement, reasonable wear and tear excepted
(including any beach erosion not directly caused by Concessionaire and/or
its operation). Concessionaire shall remove all its facilities, equipment,
personal property, etc. upon forty-eight (48) hours written notice from the City
Manager or his/her designee unless a longer tirne period is agreed to by the
City. Concessionaire's obligation to observe or perform this covenant shall
survive the expiration or other termination of this Agreement. Continued
occupancy of the Concession Area(s) after termination of the Agreement
shall constitute trespass by the Concessionaire, and may be prosecuted as
such. ln addition, the Concessionaire shall pay to the City One Thbusand
($1,000.00) Dollars per day as liquidated damages for such trespass and
holding over.
SECTION 14. SECURITY DEPOSIT.
Concessionaire shall, on or before the Commencement Date of this Agreement, furnish to
the City Manager or his/her designee a cash security deposit, in the amount of Twelve
Thousand ($12,000.00f Dollars, forthe payment of which Concessionaire shall bind forthe
faithful performance and terms and conditions of the Agreement. All interest that accrues
in connection with any financial instrument or sum of money referenced above shall be the
property of Concessionaire, except in an event of default, in which case the City shall be
entitled to all interest that accrues after the date of default.
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SECTION 15. ASSIGNMENT,
Except as otherwise provided in this subsection, Concessionaire shall not assign,
sublease; grant any concession or license; permit the use of by any other person other
than Concessionaire; or otherwise transfer all or any portion of this Agreement and/or of
the Concession Area(s) (all of the forgoing are herein after referred to collectively as
"transfers"), without the prior written consent of 'the City, which consent shall not be
unreasonably withheld.
lf there is a change in control of Concessionaire, then any such change in control shall
constitute a "transfer" for purposes of this Agreement and shall be approved by the City
Commission prior to consummation of such change in control. "Change in control", for
purposes hereof, shall mean a change of the ownership, directly or indirectly, of greater
than thirty-three and four tenths (33.4%) percent of the voting or ownership interest or right
to profits in such Concessionaire, by means of one or more transfers, sales, mergers,
consolidations, dissolutions or otherwise. Any change of the ownership, directly or
indirectly, of thirtythree and four tenths (33.4%) percent or less of the voting or ownership
interest or right to profits in such Concessionaire (a "Minor Change"), by means of one or
more transfers, sales, mergers, consolidations, dissolutions or otherwise, shall be subject
to the approval of the City Manager or his/her designee.
Concessionaire shall notify the City of any proposed transfer, and shall notify the City
Manager or his/her designee of any proposed Minor Change, prior to consummation of
same and the City or the City Manager or his/her designee, as applicable, shall respond
within thirty (30) days. ln the event that any such transfer or Minor Change is approved, the
transferee shall agree to be bound by all the covenants of this Agreement required of the
transferor hereunder. Any transfer or Minor Change made without complying with this
Section shall be null, void, and of no effect and shall constitute an act of default under this
Agreement. Notwithstanding any such consent, or any permitted transfer or Minor Change
under any provision of this Section, unless expressly released by the City, Concessionaire
shall remain jointly and severally liable (along with each approved transferee, who shall
automatically become liable for all obligations of the transferor hereunder with respect to
that portion of the Agreement so transferred), and the City shall be permitted to enforce the
provisions of this Agreement directly against Concessionaire or any transferee of the
Concessionaire without proceeding in any way against any other person.
SECTION 16. SPECIAL EVENTS / SPONSORSHIPS.
16.1 Concessionaire's proposed uses, as defined in Section 3 herein, do not
contemplate the production, promotion or sponsorship by the Concessionaire
of special events in any of the Concession Areas. ln the event
Concessionaire does produce, promote or sponsor a special event in the
City, it shall abide by the City's Special Events Permit Requirements and
Guidelines, as same may be amended from time to time. For any use, other
than those provided for in this Agreement, a special events permit may be
required and shallbe obtained through the City's Office of Arts, Culture and
Entertainment. The City Manager's authorization must be obtained for any
such special event.
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16.2
16.3
The City shallevaluate requests for specialevents permits on a case by case
basls, in accordance with the City's Special Event Permit Requirements and
Guidelines, as same may be amended from time to time. ln the event that a
special event and/or film permit.is requested by an entity, other than the
Concessionaire, and the proposed special event and/or film is scheduled to
occur within the Concession Area(s) and would cause the operations within
that particular Area(s) to cease, wholly or partly, and provided
Concessionaire is not in default under the Agreement at the time of the
request, the Concessionaire agrees to cooperate with the City and the
special event permit applicant to allow use of the Concession Area(s) during
the period of the special event, including set-up and break-down time" City
agrees that, to the extent the special event permittee provides food and
beverage service at the special event and does hot utilize the
Concessionaire for said service, the special event permittee will be required
to remit twenty percent (20%) of the gross revenues generated at the event
to the City. The City agrees to remit thirty percent (30%) of said remittance to
the Concessionaire as a use fee in consideration of the special event
permittee's use of the Concession Area(s)
Citv Special Events.
Notwithstanding Subsection '16.'l above, and in the event that the City, at its
sole discretion, deems that it would be in the best interest of the City, the City
reserves the right to displace the Concessionaire for City produced and/or
sponsored special events and/or City produced and/or sponsored
productions, including without limitation 1)Art Basel and2) The Polo World
Cup. Additionally, any such events may also require additionaltime for load-
in and load-out of the event. ln such cases, the City may request that the
Concessionaire cease and desist operations during the term of, and in the
area of, the special event and/or production, and the Concessionaire shall
cease and desist during said term. lf the Concessionaire is not required to
close, or the City Manager or his/her designee determines that
Concessionaire may remain open in such a manner as prescribed by the
City, that will not interfere with the special event and/or production,
Concessionaire shall use its best efforts, in either case, in cooperating with
the City. lf the Concessionaire is allowed to remain open during special
events and/or productions, the Concessionaire may be allowed to have in
operation its normal daily complement of equipment and staff . "Normal" shall
be defined as equipment and staff, approved by the City, that the
Concessionaire has available for the public on a normal day, 365 days per
year. Such equipment or staff shall not be increased or altered during special
events and/or productions without the prior written permission of the City
Manager or his/her designee. To the extent that the normal daily complement
of equipment and staff is displaced by the special event and/or production,
the Concessionaire may reallocate such displaced equipment and staff on a
pro-rata basis within the Concession Area(s) not being utilized by the special
event.
Notwithstanding anything to the contrary, if a special event occurs in all or
any portion of any Concession Area(s), Concessionaire shall not be liable for
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16.4
any charge, fee or other expense, governmental or otherwise, in connection
with such special event. To the extent the preceding sentence conflicts with
the City's Rules and Regulations for Beachfront Concession Operations or
conflrcts with any other Gity rule, law, regulation, charter or code provision,
this Agreement governs.
Sponsorships.
The City reserves unto itself all present and future rights to negotiate all
forms of endorsement and/or sponsorship agreements based on the
marketing value of any City trademark, property, brand, logo and/or
reputation. Any and all benefits derived from an endorsement and/or
sponsorship agreement based on the marketing value of a City trademark
property, brand, logo and/or reputation, shall belong exclusively to the City.
Concessionaire shall be 'specifically prohibited from entering into, or
otherwise creating any, sponsorships and/or endorsements with third parties
which are based solely or in any part on the marketing value of a City
trademark, property, brand, logo and/or reputation.
SECTION 17. NO IMPROPER USE.
The Concessionaire will not use, nor suffer or permit any person to use in any manner
whatsoever, the Concession Area(s) or facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any Federal, State, County, or Municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. The Concessionaire will protect, indemnify, and forever
save and keep harmless the City, its agents, employees and contractors from and against
damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or
incurred for any violation, or breach of any law, ordinance, rule, order or regulation
occasioned by any act, neglect or omission of the Concessionaire, Subconcessionaire, or
any employee or agent regarding the Concession. ln the event of any violation by the
Concessionaire or if the City or its authorized representative shall deem any conduct on the
part of the Concessionaire to be objectionable or improper, the City shall have the right to
suspend the operation of the concession should the Concessionaire fail to correct any such
violation, conduct, or practice to the sdtisfaction of the City within twenty-four (24) hours
after receiving written notice of the nature and extent of such violatron, conduct, or practice,
such suspension to continue untll the violation is cured. The Concessionaire further agrees
not to commence operation during the suspension until the violation has been corrected to
the satisfaction of the City.
SECTION 18. PRICE SCHEDULES.
Concessionaire agrees that prices charged for beach equipment rentals, sale of food and
beverage service, and/or sale of beach related sundries, will be consistent with the price
schedule(s) herein submitted by the Concessionaire and approved by the City and
incorporated herein as exhibits to this Agreement. All subsequent price approvals and
changes must be approved in writing by the City Manager or his/her designee. Prices shall
be reasonably consistent with those charged for similar items and services in the general
vicinity. The City shall have the final right of approval for all such prices and changes, but
said right shall not be arbitrarily or unreasonably exercised. The Concessionaire agrees to
351
refrain from the sale or rental of any item identified as prohibited by the City and to sell or
rent only those items approved by the City. The Concessionaire agrees to maintain an
adequate supply necessary to accommodate beach patrons.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 19. NOTICES.
All notices from the City to the Concessionaire shall be deemed duly served upon receipt, if
mailed by. registered or certified mail with a. return receipt to the Concessionaire at the
following address:
Tim Wilcox, lnc.
4299 Collins Ave
Miami Beach, FL 33140
Attn:Tim Wilcox
All notices from the Concessionaire to the City shall be deemed duly served upon receipt, if
mailed by registered or certified mail return receipt requested to the City of Miami Beach at
the following addresses:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With copy to:
Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
The Concessionaire and the City may change the above mailing address at any time upon
giving the other party written notification. All notices under this Concession Agreement
must be in writing.
SECTION 20. LAWS
20.1 Cqmpliarrge
Concessionaire shall comply with all applicable City, County, State, and
Federal ordinances, statutes, rules and regulations, including but not limited
to all applicable environmental City, County, State, and Federal ordinances,
statutes, rules and regulations.
20.2 lntentionally Omitted.
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20.3
20.4
21.3
21.4
Equal Emplovment Opoortunitv.
Neither Concessionaire nor any affiliate' of Concessionaire performing
services hereunder, or pursuant hereto, will discriminate against any
ernployee or applicant for employment.because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability marital or familial
status or age.
No Discrimination.
The Concessionaire agrees that there shall be no discrimination as to race,
color, national origin, religion, sex, gender identity, sexual orientation,
disability marital or familial status or age in its employment practice or in the
operations referred to by this Concession Agreement, and further, there shall
be no discrimination regarding any use, service, maintenance, or operation
within the Concession Area(s). All services offered on the beach shall be
made available to the public, subject to the right of the Concessionaire and
the City to establish and enforce rules and regulations to provide for the
safety, orderly operation and security of the facilities.
20.4.1 Pursuant to the Cit of Miami Beach Human Rights Ordinance, as
identified in Chapter 62, of the Miami Beach City Code
Concessionaire, by executing this Agreement, certifies that it does not
discrlminate in its membership or policies based on race, color,
national origin, religion, sex, gender identity, sexual orientation,
disability marital or famillal status or age.
SECTION 21. MISCELLANEOUS.
21.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be or
create a partnership or joint venture between the City and Concessionaire.
Modifications.
This Agreement cannot be changed or modified except by agreement in
writing executed by all parties hereto. Concessionaire acknowledges that no
modification to this Agreement may be agreed to by the City unless approved
by the Mayor and City Commission except where such authority has been
expressly provided herein to the City Manager or his/her designee.
Complete Aqreement.
This Agreement, together with all exhibits incorporated hereto, constitutes all
the understandings and agreements of whatsoever nature or kind existing
between the parties with respect to Concessionaire's operations, as
contemplated herein.
Headinqs.
The section, subsection and paragraph headings contained herein are for
convenience of reference only and are not intended to define, limit, or
describe the scope or intent of any provision of this Agreement.
21.2
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21.5
21.6
21.7.
21.8
21.9
21.10
21.11
Bindino Effect.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall
not affect the validity of the remainder of the Agreement, and the Agreement
shall remain in full force and effect as if such illegal or invalid term or clause
were not contained herein unless the elimination of such provision
detrimentally reduces the consideration that either party is to receive under
this Agreement or materially affects the continuing operation of this
Agreement.
Severabilitv.
lf any provision of this Agreement or any portion of such provision or the
application thereof to any person or circumstance shall be held to be invalid
or unenforceable, or shall become a violation of any local, State, or Federal
laws, then the same as so applied shall no longer be a part of this
Agreement but the remainder of the Agreement, such provisions and the
application thereof to other persons or circumstances, shall not be affected
thereby and this Agreement as so modified shall.
Riqht of Entrv.
The City, at the direction of the City Manager, shall at all times during hours
of operation, have the right to enter into and upon any and all parts of the
Concession Area(s) for the purposes of examining the same for any reason
relating to the obligations of parties to this Agreement.
Not a Lease.
It is expressly understood and agreed that no part, parcel, building, facility,
equipment or space is leased to the Concessionaire, that it is a
concessionaire and not a lessee; that the Concessionaire's right to operate
the concession shall continue only so long as this Agreement remains in
effect.
Siqnaqe.
Concessionaire shall provide, at its sole cost and expense, any required
signs at its concessions. All advertising, signage and postings shall be
approved by the City, and shall be in accordance with all applicable
Municipal, County, State and Federal laws and regulations. Any signage
posted by Concessionaire on its facilities and equipment shall be subject to
the prior approval of the City as to size, shape and placement of same"
Use of Beach.
The beach is for the use and enjoyment of the public, for recreation and
other public purposes and the public's right to such use shall not be infringed
upon by any activity of the Concessionaire. Upon execution of this
Agreement, Concessionaire acknowledges that all of the beaches are public
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21.12
21.13
21.14
21.15
21.16
and as such concession operations must not restrict, or appear to restrict,
access to the general public, or in any way limit the public nature or
ambiance of the beachfront. The Concessionaire will conduct its operations
so as to maintain a reasonably Ouiet and tranquil environment for the
adjacent area, and make no public disturbances.
Conflict of lnterest.
Concessionaiie shall perform its services under this Agreement and conduct
the concession operations contemplated herein, in a manner so as to show
no preference for other concession operations/facilities (e.9. particularly
concession operations behind private property along the City's beachfront)
which may now, or in the future (during the Term hereof), be owned,
operated, managed, or otherwise controlled by Concessionaire, with regard
to its responsibilities pursuant to this Concession Agreement.
lntentionally Omitted
Procedure for Approvals and/or Consents.
ln each instance in which the approval or consent of the City Manager or
his/her designee is allowed or required in this Agreement, it is acknowledged
that such authority has been expressly provided herein to the City Manager
or hisiher designee by the Mayor and City Commission of the City. ln each
instance in which the approval or consent of the City Manager or his/her
designee is allowed or required in this Agreement, Concessionaire shall send
to the City Manager a written request for approval or consent (the "Approval
Request"). The City Manager or his/her: designee shall use reasonable
efforts to provide written notice to Concessionaire approving of, consenting
to or disapproving of.the request within sixty (60) days from receipt of the
approved request. Notwithstanding, the proceeding, however, the City
Manager or his/her designee's failure to consider such request within this
time provided shall not be deemed a waiver of the City's rights, nor shall
Concessionaire assume that the request is automatically approved and
consented to. The subsection shall not apply to approvals required herein by
the Mayor and City Commission
No Waiver.
No waiver of any covenant or condition of this Agreement by either party
shall be deemed to imply or constitute a waiver in the future of the same
covenant or condition or of any other covenant or condition of this
Agreement
No Third Partv Beneficiarv.
Nothing in this Agreement shall confer upon any person or entity, including,
but not limited to subconcessionaires, other than the parties hereto and their
respective successors and permitted assigns, any rights or remedies by
reason of this Agreement.
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SECTION 22. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the operation and managementof the
Concession Area(s) in.the hands of a private managernent entity only if so Ooing the City
can place a limit on its liability for any cause of action for breach of tf,is Agreement, so thai
its liability for any such breach never exceeds the sum of Fifty Thousind ($50,000.00)
Dollars. Concessionaire hereby expresses its willingness to enter into this Agreement witha Fifty Thousand ($50,000.00) Dollar limitation on recovery for any action for breach of
contract. Accordingly, and in consideration of the separate consideration of Fifty Thousand
($50,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be
liable to Concessionaire for damages to Concessionaire in an imount in excess of Fifty
Thousand ($50,000.00) Dollars, for any action for breach of contract arising out of theperformance or non-performance of any obligations imposed upon the City Oy tnis'Agreement. Nothing contained in this paragraph or elsewhere in this Agreemeni is in anyway intended to be a waiver of limitation placed upon the City's liability as set forth in
Florida Statutes, Section 768.28.
SECTION 23. VENUE.
This Agreement'shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement shall be
enforceable in Miami-Dade County, Florida, and if legal action is necessiry by either party
with respect to the enforcement of any and all the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida. ClTy AND
CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHTTO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY AND
CONCESSIONATRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENToR THE CONCESSTON AREA(S).
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicatinglheir
ggreeryent
Attest:, f,tTy oF MtaM! FltraeH trl r)plna
Attest:
F:\RHCD'$ALL\ECON\$ALL\ASSET\Beach Concession RFp\TW Agreement Drai' 08-13-1
CITY OF MIAM! BEACH, FLORIDA
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EXHIBIT 2.1 (al
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358
EXH|B|T 2.1 (b)
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359
.i.
BtT 2.2 (al
t.l
, 4ilj , I, ;jl .,..'i
I
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360
EXH!BtT 2.2 (b)
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361
EXHIBIT 3.1
(Section 1 ot 2l
Approved Beach Rental Equipment & Pricing
21"t Street Concession
Beach Rentals
Chaise lounge $5.00
Chaise lounge w/ pad and towel $10.00Umbrella $12.00
Sun canopy $10.00
Suntan lotion and oils $25.00
V|P-Section luxury set (to be developed) $10,$15,$15"Cabana $50.00
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362
EXHIBIT 3.1
(Section 2 ot 2l
Approved Beach Rental Equipment & Pricing
46"t Street Concession
Beach Rentals
Chaise lounge
Chaise lounge wi pad and towel
Umbrella
Sun canopy
Suntan lotion and oils
VIP-Section luxury set (to be developed)*Cabana
$5.00
$10,00
$12.00
$1q.oo.
$25.00
$10,$15,$15
$s0.00
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363
ExHlBlT 3.1.(a)
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EXHIBIT 3.1
(Section 2 ot 2l' Approved Beach Rental Equipment & pricing
46"1Streei Concession
Beach Rentals
Chaise lounge $S.00
Chaise lounge w/ pad and towel $10.00Umbrella 912.00
Sun canopy $10.00
Suntan lotion and oils $25.00
VlP-Section luxury set (to be developed) 91O,$15,g1S"Cabana $50.00
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Menu for 2Ltr
Concession Stand
Garden Salad
Fresh Greens, Cheeses, Veggies, Egg, and Crisp
Bacon ' : '
Beach,BBQ
Baby gack Ribs:...,5 10:oo
.._. .. i .. ti.
The Beach Caesar
Chicken Breast Strips, Romaine Lettuce,
Parmesan Cheese_ & Caesarl Dressing wrapped in
a Z-qsty Herb Tortilla '
':
The Fried Beach Chicken
Southem,Fried Chicken, Mixed Greens, Jack &
Cheddar Cheese,.Tomatoes, Bacon,& Onion
Wiapped in a White Tortilla ' . :
Smoked & Pulled BBQ Chicken Drizzled with Our
"Sweet Georgia lirown" sauce wrapped in a :
White Tortilla.
The Veggie Beach
Assorted Fresh Veggies. Mixed Greens,
Tomatoei, Jack & Cheddar: Cheesq Wr:a'pped.in a
Z-esty Herb Tortilla
.. souttiern riiea cnicrcn Salad
'.,,i. Fried Chicken, Jack & cneddir cheese, Mixed
Gieens, Veggiis, Bacgn and Onion
: - -:' - : . ', '
. -' I
Fresh Greens Topped yvith chopped;$$p eork,
Cheeses, Egg Veggies, aacon & leii$ri-itns
' 11' -1.'
% Rack of Lean and Tender Ribs.. :rMeat.Falls gff
The Bone!" Your Choite of Our Original "Award
Winning' BBQ Saute or our "sweet Georgia
r ;. 1
Backyard BBQ Chicken..... 58.00
Iender HalfChicken thbt has been seared over'
a smoldering wood fir:il'and basted with our
Original t'Sweet PBQI' Sauce
.Smokedpulledpork..,.:S8.00: j ', "'
:! ' :
Pulled Porkllowly Smoked Until Tender topped
Beef Hotdogs.,:.i;S4.00, : . .
The Beach Dog' . 'i , ."" -'
, ,'. I
All Beef Hotdog servdd in a bun with your
choiceoftoppings ;, I ..:.'.';- i . .,
':" i:ll', ,, : ,.
' i't- ''
Fruit Smoothiei;....55;00 :
Ocean Drive Breeize
' ' l
Strawberries, Pineapples, Oianges & Mango
.t
_': I - .
Paradise Passion
Strawberries, Biinanas, & Pineapples
t'',;
Sunselfrdagic '' .::.,,,
Oranges"Strawberries; &Banaribs' :
South Beach Berrv
Strawberries & NonjFat yogurt
; r.' :'.i'
Biown" Sauce
Sunrise Passion
, -, tt ii;{i.l
Pineapples, Orange, & Non-Fat Yogurt
367
20" Beach Bill I - . .-.. if f .oo
. . Bazooka Watel Gun :.: ,g1g25
. i (ing1udes-ouSltet casUe mold'watering ca[;9!ro.vgl "no o*"'
,ra*' Beach Bag & lnflitable : ' .-'
,.-'69"ch bag.that converts to a floate4
$10.25
Beach Bucket with two sand shovelsffi#;-;;;'il";;;"i'*r*' $26'75
: .. '. L:--r--. ^L^.,61 traa and mofe..l:(includeq,toys, wqtering can, bucte( slroyeJ, bag and more")
$10.75. Leaf Rake (PVG freb) $2.25: !-tt" Vest (for kids) SlB.25River'Tube ; r $7.45
' {ingludes "-i"ilr=, ' otrair' a ring and an hammgikttnfl'obh)$at
+s
ScoPg&Snol'kel ' . S.A:S-,
.-Swimse!yvith{ns1.'..,r,,i., , : , iZl.r'
' - .Truckwith5beachacc-iP.sgfep
..'...,(rnciudesapail,{shove|sand2sandmolds)
Water Wings r '
,grn61qsk{g+spF ,.., ., 8.oz $12'99
sunblock3o+sPF .,..., *,,,, ,8oz ' $12'99
sunbrock 45t sPF , , ' : ,9 o"z $13'99
I l""lo"iiT"i-tin-!i,"nEsPF I '.'''8'oz $11'es
, . 'corirenTanninsti*liitils'ti '': ' i ri'8oz' ' .: '$11'99, ,ffi'ff#t'J$i':'-':.', ,'' '',o;l4ozi'' . --.,'.:.1::.isriiiiiE-;.i-or' ' ': ' ',' .$5'50:to$1q25
EXHltslT 3;3
* all prices include 7% sales tax:)
368
EXHIBIT 3.5.1
Equipment Storage and Removal Plans
AII umbrellas and chaise pads will be stored at each location in a storage box made
of an approved plan from the planning department it will be 8 feet by 4 feet and 39
inches high. The Chaise lounges will be stored in stacks of ten high by 5 rows at
each location. At the 2lstreet location their will be two sections so there will be two
areas when stacks that each will have five, rows with ten chaise lounges. If business
call for it and more lounges are need on a busy weekend or in the summer all
additional lounge will be remoyed with my trailer and truck at the end of each
business day.
369
EXHIBIT 3.6
Hurricane Bvacuation Plan
At 46th Street and at 21't both of the beaches will have their equipment removed
when the city give us the notice that there is a hurricane or tropical storm
approaching. Upon receiving notice all lounges, storage sheds and Gazebo will be
loaded on to a flatbed truck and be driven to my storage facility at249 NEllth
street in Miami. When the city give us permission all the equipment will be
returned in the same manner as it was removed.
370
2.
EXHIBIT 6
(page 1 of 3)
CITY OF MIAMIBEAGH
TtM WILCOX,INC.
AGREED.UPON PROCEDURES
lnquire of management and obtain and review documentation on the nature of the company's
business and the factors that affect sales. lnquire about and document any major changes made
during the period.
a Review procedures for recording sales for all sources of concession income.
b. Obtain the operating policies and procedures from the Concessionaire.
c. lnterview key company representatives to determine procedures used.
d- Observe the utilization and effectiveness of the procedures through quarterly site visits to
concession locations.
Test to determine that the Concessionaire maintained proper internal controls and documentation to
support the reported gross receipts figure for each open and closed Concession Area.
a. Document the procedures, if any, for determining how Concession Areas are recorded as
open and closed
b. For_ months, test manual Open and Closed Concession Area sheets lo Daily Revenue
sheets for _ days to determine if for Concession Areas opened revenues are recorded
and that for closed Concession Areas, proper supervisory approval is evidenced. Agree
earned revenues to entries on master Consolidated Sa/es schedule.
c. Determine that all Daily Revenue sheets have been accounted for.
d. Verify the notations of "inclement weather'' or "special events" for days in which the revenues
are unusually low.
e. Document the findings.
Obtain a Consolidated Reyenue schedule for the year ended prepared in
conformity with the Concession Agreement between the City of Miami Beach and Tim Wilcox, lnc.
dated Recalculate concession fees for the period based on sales per the
schedule and the terms of the Concession Agreement.
Review the Concession Agreement and inquire ahout major changes, if any, in the detinition of which
sales are included and excluded from the Consolidated Revenue schedule.
Perform an analytical test of sales by obtaining a schedule summarizing sales by revenue type (i.e.
food and beverage, beach equipment, sundries, etc.). Analyze this schedule and critically evaluate
explanations for significant variations that are unusual in amount or nature.
Obtain or prepare a reconciliation of total sales recorded in the general ledger for the period to the
Consolidated Revenue schedule provided to the City of Miami Beach. Also, Obtain or prepare an
analysis of sales summarized by revenue type. Perform ihe following procedures:
6.
49
371
7.
8
EXHIBIT 6
(page 2 of 3)
Test the analysis by selecting a few categories, ahd compare the amounts shown with those
recorded in the sales schedule. Document the items selected for testing. Agree the sales
schedule balances to the general ledger.
Review the analysis, and identify any unusual trends or variations within the period or the
prior period.
Obtain sound business reasons for large or unusual variations in the amounts included in the
analysis.
Scan the accounting records for large and unusual transa.ctions, review evidence and document any
findings,
Perform a test of sales completeness by applying the following procedures:
a. Using sales documentation or daily cash register recaps, select 1 (one) day per month
throughout he year, including weekdays and weekends. Document the items selected for
testing. The sales documentation or daily cash register recaps should include original sales
documents (including cash sales and credit card sales), credit memos, etc.
b Agree the summary information on the daily cash register recap or daily collection sheet to
tle supporting documents (which may be sales tickets, cash register tape, etc.). Determine
that details are appropriately reflected on the summary and that all collection sheets have
been accounted for.
c. Agree the amounts on the daily cash register recaps to proper recording in the sales' schedule and general ledger, as appropriate.
d. Determine that proper accounting treatment has been applied to these sales transactions.
e. Agree deposits per the daily register recap to the daily collection sheets and ultimately to the
bank statement.
f. Agree revenues from equipment rentals to Daily Sheets. Check for proper sign-off approval
by attendant and supervisor.
S Agree _ daily deposits to daily revenue sheets and bank statements.
h. Foot and cross foot selected
-
months of Consolidated Revenue schedute and other
linked spreadsheets to verify their accuracy
i. Compare total sales for selected months to sales tax returns filed with the applicable taxing
jurisdictions.
Veriff that the Concessionails',s payments were remitted.timely in adherence to the dates designated
by the City.
Review the products and prices charged by the Concessionaire to determine if the City Manager or
his/her designee has approved them.
a. Obtain pricing from site visits to beach locations.
b. Compare prices to Concession Agreement terms. Recalculate any increase to determine if it
falls with the limits of the Concession Agreement.
c. Determine if the City has authorized any price increases and verify if the Concessionaire has
the authorization in its files.
10
50
372
EXHIBIT 6
(page 3 of 3)
11. Verify the status of operations at both 21s Street and 46th Street.
a. Conduct site visit to determine the level of operations.
b. Review provided documents to determine the period of activity.
c. Discuss and document any variances with Tim Wilcox, lnc. for explanbtion. \
12. Verify that the Concessionaire has timely paid all resort taxes to the City's Finance Department and
ensure the correct calculation of resort tax dub.
13. Review the records maintalned of all secret shoppers and determine.
i +[,Ti3::::s:ffi:: ;:ffii.Tfl:'":",'":::ffi1,?Jil:i;::I,"Jl;;d ca y covered by
seiret shoppers
c. The frequency and timing of the shoppers on a quarterly basis.
I
;: . d. That all revenues were recorded in the Conso/ldated Revenue schedule.
I'14. . Determine and document hciw management verifies which Concession Areas were open on a
particular day.
a. Agree food and beverage sales to reports. Agree amounts sold to daily inventory sheets.' b. Using sales documentation or daily cash register recaps, select one day per month/
[:",,:31?['::131;"1,?i11]t1]f:ii:fi::S#ff[i:lt$:'ii:llJ?.""i1"J:'ffH:t1,?Jc x3::x-#:l'[*:'J?#,,'J;ffi'"iifl""l,:1li?xi$1iiil? I"'Jl5[X],,"j3irection sheet to
the supporting documents (which may be sales tickets, cash register tape, etc.). Determine
that details are appropriately reflected on the summary and that all collection sheets have
been accounted for.
d. Agree the amounts on the daily cash register recaps to proper recording in the sales
schedule and.general ledger, as appropriate.
: e. Verify the notations of "inclement weather" or: "special events" for days in which the revenues: are unusually low.i f. Select
-
days and ensure that both the attendant and a supervisor sign-off on the
applicable daily inventory sheet attesting to the accuracy of the beginning and ending
inventory counts as well as any other inventory'changes for the day.
S. I-or the days selected above, ensure that the ending inventory agrees to the next days
. opening inventory. Document any discrepancies.'
h. Review management's periodic reconciliations of the food and beverage revenues performed
by analyzing the inventory reports and. cash register tapes. Document any discrepancies andf .r management's follow-up.'l
51
373
RESOLUTION TO BE SUBMITTED
374
375
COMMISSION ITEM SUMMARY
Condensed Title:
nmentalScan,etc.):The2014CommunitySatisfactionSurveyreportedtwooutof
three residents (67%) believed the City offered the right amount of cultural activities, while2T% said there were too few. ln
2OOS,34% of residenis thought there were too few cultural activities, and in 2009 the figure decreased to24o/o. Residents of
North Beach (30%) and South Pointe $1%) were more likely to say there were too few cultural activitieg
iiponsorshipsvaluedat$3,500giventotheCityfortheCity,s
Annual Veterans Dav Parade.
lntended Outcome Su
Item Summarv/Recommendation :
Advisorv Board Recommendation :
li
Financial lnformation :
AGENDA ITEfiil -:_I_I\/ -
willhosttheCity,sAnnualVeteransDayParade,which
celebrates the men and women that have served in the armed forces to defend and protect our country.
This event brings thousands of residents and tourists together to enjoy great food and music and to celebrate
the commitment of our veterans and our country's freedoms.
The Veterans Day Parade ends with a short ceremony and picnic. The picnic is open to the general public at no charge.
Marketing efforts for this event includes, but is not limited to PSAs, digital and printed ads. The media plans included news
and local programming coverage, including MB77, City of Miami Beach e-briefs, as well as television, and newspaper
calendars around South Florida.
The City secured the following sponsors for these events at varying levels of support:
o car2goo Peterson's Harley Davidson
o
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
These sponsors are providing a totat ot $3,500 in funding and in-kind contributions to offset the costs for City programs and
events.
Assistant City Manager
Day Sponsor\2015 Vets Day Sponsorship Acceptance
c7N# MIAMIBTACH BATE376
r -f. -f' (n)
r.-.-
1915.2015
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMIS ON MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
f the City
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY TO
ACCEPT DONATIONS AND SPONSORSHIPS FROM CAR2GO, PETERSON'S
HARLEY.DAVIDSON, AND SYSCO, IN THE TOTAL AMOUNT OF $3,500,
WHICH DONATIONS AND SPONSORSHIPS WERE MADE TO THE GITY FOR
THE CITY'S ANNUAL VETERANS DAY PARADE.
ADMINISTRATION RECOMM EN DATION
Adopt the resolution.
FUNDING
Donations (including Sponsorships) made to the City for the Annual Veterans Day Parade
event will be expended from the coordinating city expense account.
ANALYSIS
On November 1 1 ,2015, the City of Miami Beach will stage the City's Annual Veterans Day
Parade, which celebrates the men and women who have served in the U.S. Armed Forces
to defend and protect our country.
The Veterans Day Parade draws thousands of residents and tourists to the City to enjoy
great food and music and to celebrate the commitment and sacrifices of our veterans
The Veterans Day Parade ends with a short ceremony and picnic. The picnic is open to the
general public at no charge. Marketing efforts for this event includes, but is not limited to
PSAs, digital and printed ads. The media plans included news and local programming
coverage, including M877, the Miami Beach government channel, Cityt of Miami Beach e-
briefs, is well as television, and newspaper calendars around South Florida.
The City secured the following sponsors for these events at varying levels of support:
o car2go
o Peterson's Harley Davidson
o Sysco
377
October 14,2015
City Commission Meeting
Page 2 of 2
CONCLUSION
Staff worked diligently to identify funding sources to off-set the costs of producing this event.
The Administration recommends the adoption of the attached Resolution authorizing the
acceptance of these donations, their appropriation to cover costs of the Annual Veterans
Day Parade.
lrraxcana$gP
T:\AGENDAV01S\October\TCEDVets Day SponsoM0l5 vets day sponsorship acceptance reso.doc
378
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY TO ACCEPT DONATIONS AND
SPONSORSHIPS FROM CAR2GO, PETERSON'S HARLEY.
DAVIDSON, AND SYSCO, IN THE TOTAL AMOUNT OF $3,500,
WHICH DONATIONS AND SPONSORSHIPS WERE MADE TO
THE CITY FOR THE CITY'S ANNUAL VETERANS DAY
PARADE.
WHEREAS, on November 11 , 2015, the City of Miami Beach (the "City") will stage the
City's Annual Veterans Day Parade, which celebrates the men and women who have served in
the U.S. Armed Forces to defend and protect our country; and
WHEREAS, the Veterans Day Parade draws thousands of residents and tourists to the
City to enjoy great food and music and to celebrate the commitment and sacrifices of our
veterans; and
WHEREAS, City staff has worked diligently to identify funding sources to offset the costs
of producing the parade; and
WHEREAS, City staff secured partnerships through donations and sponsorships for the
Veterans Day Parade from car2go, Peterson's Harley-Davidson, and Sysco.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMTSSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City to accept donations and sponsorships from
car2go, Peterson's Harley-Davidson, and Sysco, in the total amount of $3,500, which donations
and sponsorships were made to the City for the City's Annual Veterans Day Parade.
PASSED and ADOPTED this 14th day of October,2015.
ATTEST:
Rafael E. Granado
City Clerk
Philip Levine
Mayor
APPHOVED AS TO
FORM & UT{GUAGE
&roRE(EcurloN
CtyAfrotnqMlgi["
F:\ATTO\KALN\RESOLUTIONS\2015 Veterans Day Sponsorship Acceptance Reso.doc
I$K
379
COMMISSION ITEM SUMMARY
Maximize The Miami Beach Brand as a World Class Destination
Condensed Title:
A Resolution authorizing the City Manager to execute a Letter Agreement with the Friends of the Bass
Museum in the amount of $651,000.
lntended Outcome
Data Environmental
fhe 2014 Community Satisfaction Survey shows six in ten residents(57%)claimed there were enough
museums in Miami Beach (compared to61%in2012),yet40% thoughtthereweretoofew. ln2012,only
34% of residents thought there were too few museums. Residents in North Beach (47o/o) were more likely to
think there were too few museums. Four in ten business owners in Miami Beach (40%) believed there were
too few museums; however, 57% of business owners thought Miami Beach had the right number of
museums.
Item Summary/Recommendation :
Board Recommendation:
The Bass Museum was established from its inception as a strong public/private partnership through a
contractual agreement entered into 51 years ago when the City accepted the gift of the art collection of John
and Johanna Bass. This agreement stipulates that the City will maintain the collection in perpetuity, keep it
open to the public, and provide basic funding for the maintenance and exhibition of the collection. The
agreement further stipulates that the Bass Museum, as an operating entity, should be overseen by a Board
of Trustees. ln addition to the City and the Board of Trustees, a third entity has existed to promote and
further the mission of the Bass Museum of Art: The Friends of the Bass Museum, lnc.
At the June 3, 2009, Ci$ Commission Meeting, Resolution No. 2009-27089 was approved, which authorized
the transfer of $137,000 to the Friends of the Bass Museum. Transferring the budget allocations for certain
line items began the process of transitioning much of the dayto-day administration and oversight of the
Museum to the Friends pending a larger re-vamp of the governing structure of the Museum. This concept
was also discussed at the May 5, 2009 Finance and Citywide Projects Committee. The Finance Committee
approved the transfer of those operating line item balances and recommended that the Administration come
back, as part of the City budget process, for any future allocations. Accordingly, at the September 24,2009
City Commission Meeting, Resolution No. 2009-27216 was approved, authorizing the allocation of $512,000
to the Friends of the Bass Museum, to fund certain operating expenses for Fiscal Year 2009-10. Similarly,
the City Commission approved similar resolutions in each fiscal year since then.
Similar to the September 2014 action, the Administration is seeking authorization to allocate $651 ,000 to the
Friends of the Bass for salary expenses related to the Museum's Assistant Director, curatorial services,
security guard, otfice associate lV and a building supervisor, as well as other operating expenses. ln an
effort to ease the future privatization of the Bass Museum, recently-vacated City positions have been filled as
employees of the Bass Museum (non-profit entity). As previously stated, the objective is to transition all Bass
Museum positions to the Bass over time, which will allow for significant savings to the City in salaries and
benefits. Of the eight (8) City funded Bass Museum positions, two (2) are currently City employees. The
remaining six (6) positions have been filled as employees of the Friends of the Bass Museum and the City
has transferred the fundinq for these positions to the Bass Museum
N/A
Financia! Information:
Financia! lmpact Summary:
FY 2O15116 General Fund
0'11.0930
Max Sklar, ext. 6116
Budget Summ 2015_
a
-
AGENDA 'TEM
C7 OMIAMIBEACHoo16 /o't?l{380
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
the City Co
SUBJECT A RESOLUTION OF THE MAYOR ATTID CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING trHE CITY MANAGER TO EXECUTE A LETTER
AGREEMENT !N THE AMOUNT OF S6ST,00O WITH THE FRIENDS OF THE BASS
MUSEUM, INC. MEMORIALIZING THE PARTIES' RESPECTTVE OBLIGATIONS WITH
REGARD TO CERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF
THE BASS MUSEUM THROUGH SEPTEMBER 30, 2016.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in the FY 15/16 General Fund, Bass Museum of Art Budget.
BACKGROUND
The Bass Museum was established from its inception as a strong public/private partnership through a
contractual agreement entered into 51 years ago when the City accepted the gift of the art collection of
John and Johanna Bass. This agreement stipulates that the City will "maintain the collection in
perpetuity...provide for the exhibition of the collection, keep it open and available to the public," and
provide basic funding for the maintenance and exhibition of the collection. The City fulfills this obligation
by funding the operational elements of the Museum, and maintaining the building, which is a City asset.
The agreement further stipulated that the Bass Museum, as an operating entity, should be overseen by a
Board of Trustees with responsibility for Museum policies and procedures, as well as day-to-day
management through the staff it employed. The Museum's Executive Director/Chief Curator, for example,
is a City employee with full benefits, but is hired by, and answers to, the Board of Trustees.
ln addition to the City and the Board of Trustees, a third entity has existed to promote and further the
mission of the Bass Museum of Art: The Friends of the Bass Museum, Inc. This private and separate
501(c)3 organization was established in 1978 as the membership and fundraising arm of the Museum.
The President of the Friends chairs the Board of Trustees. The Friends' Board of Directors served as
advisory to the Trustees, advocated and raised funds for the Museum, and sponsored Museum
programs, which included allspecialexhibitions and educationalprograms. The Museum's membership,
education, development and marketing efforts were realized by employees of the Friends of the Bass
Museum. Thus the current Museum staff consists of City employees (both classified and unclassified)
and Friends employees, with substantial differences in benefits and pay scales.
ANALYSIS
The Administration began working with the Museum's staff and Boards to streamline the current
governance model and to standardize employment practices. The need for a modification of the
Museum's governance structure was also identified through a Strategic Planning Process and Peer
Review. While the City remains fully committed to the Bass Museum and its success, both the
Administration and the Museum felt that the City can continue to fulfill its contractual obligations without
381
Bass Museum of Art
FY 2015/16 Budget Allocation
October 14, 2015
Page 2 of 3
having actual City employees working at the Museum, while funding for the Museum may be better
allocated if the Museum is able to function independent of certain City processes and contracts. To this
end, two recently-vacated City positions at the Bass, the Assistant Director and Curator, have been filled
as employees of the Friends. The objective is to transition all Bass Museum positions to the Friends of
the Bass over time, which will allow for significant savings to the City in salaries and benefits (especially
pension). Additional savings in certain operational line items have also been identified.
At the June 3, 2009, City Commission Meeting, Resolution No. 2009-27089 was approved, which
authorized the transfer of $137,000 to the Friends of the Bass Museum. ln addition to providing them with
direct oversight and management of these operational issues, this also allows the Friends to pursue
potential savings by using non-City contracts for services such as carpet cleaning or for the purchase of
office supplies, for example. This action also began the process of transitioning much of the dayto-day
administration and oversight to the Friends. This was an important step in moving towards increased
simplification of the Museum's governance structure, which has been considered essentialforthe future
well-being of the institution and was included in the Museum's own five-year strategic plan.
This concept was also discussed at the May 5, 2009 Finance and Citywide Projects Committee.
The Finance Committee approved the transfer of those operating line item balances and
recommended that the Administration come back, as part of the City budget process, for any future
allocations. Accordingly, atthe September 24,2009 City Commission Meeting, Resolution No. 2009-
27216 was approved, authorizing the allocation of $512,000 to the Friends of the Bass Museum, to
fund certain operating expenses for Fiscal Year 2009-10. Similarly, the City Commission approved
similar resolutions in each fiscal year since then.
Concurrent with the above, in August 2009, the Administration, the testamentary representative of
the Bass Family, and representatives of the Friends, commenced discussions to begin the process
of developing a new governance model for the Museum, which includes an overhaul of the existing
by-laws of the Friends, culminating in reconstituting that 501(C)3 nonprofit organization as the Bass
Museum of Art, lnc. (which entity will replace the Friends as the new governing entity for the
Museum).
On March 10,2010, the City Commission adopted Resolution No.2010-27349 amending the agreement
between the City and Dennis Alan Richard (as Successor in lnterest to John and Johanna Bass). This
new Agreement, among other things, replaced both the existing Bass Board of Trustees and the
Friends of the Bass Museum, lnc., with the Bass Museum of Art, lnc., a 501(c)3, composed of actual
stakeholders (as opposed to the then current Board of Trustees, who maintained their seats by
virtue of their contractually designated positions under the 1963 Agreement). The City Manager
retained membership on the new governing board, with voting power equivalent to 20o/o of the
membership of the Board, comparable to the City Manager's representation on the previous Board
of Trustees. The day{o-day responsibility to ensure the City's contractual obligations to maintain
the Collection would be handled by this new governing body through a separate management
agreement with the City.
Similarto the September 2009, 2010,2011,2012,2013, and 2014 actions, the Administration is seeking
authorization to allocate $651,000 to the Friends of the Bass for salary & operating expenses. Salary
expenses related to the Museum's Assistant Director, registrar, curatorial services, security guard, Office
Associate lV and a building supervisor. ln an effort to ease the future privatization of the Bass Museum,
recently-vacated City positions have been filled as employees of the Bass Museum (non-profitentity). As
previously stated, the objective is to transition all Bass Museum positions to the Bass over time, which will
allow for significant savings to the City in salaries and benefits. Of the eight (8) City funded Bass Museum
positions, two (2) are currently City employees. The remaining six (6) positions have been filled as
employees of the Friends of the Bass Museum, and the City has transferred the funding for these
positions to the Bass Museum.
382
Bass Museum of Art
FY 2015/16 Budget Allocation
October 14, 2015
Page 3 of 3
Additionally, the Administration recommends allocating funds for operating expenses. The allocation is
broken out as follows:
o Salaries and Benefits:. ProfessionalServices:. Electricity:. Telephone:o Sanitation:. RenUBuilding/Equipment (art storage):o ContractMaintenance:. Office Supplies:. Repairs and Maintenance:. Other Operating Expenses:. Dues:
TOTAL
$304,274
$ 93,343
$108,000
$ 2,000
$ 900
$1 1 3,1 84
$ 8,800
$ 7,000
$ 1,000
$ 10,000
$ 2,500
$651,000
Similar to the previous allocation, the Administration also recommends entering into a letter agreement
with the Friends delineating the responsibilities the Friends would be required to meet in exchange forthe
funding. These obligations would be very similar to functions currently carried out jointly between the City
and Friends.
CONCLUSION
The Administration recommends approving the transfer of currently-budgeted operating funds from the
City to the Friends of the Bass Museum, lnc.
JLM/KGB/MAS
T:\AGENDA\201 S\October\TCED\Bass Museum\Bass Budget Memo 201 5_1 6.doc
383
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33'l 39, www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
Tel: 305.673.70'l 0, Fax: 305.673.7782
October 14,2015
George Lindemann, President
Friends of the Bass Museum, lnc., and
The Bass Museum of Art, Chairperson
2121 ParkAvenue
Miami Beach, Florida 33139
Re: Agreement between the City of Miami Beach, Florida (City) and the Friends
of the Bass Museum, lnc. (Friends) for the Continued Management and
Operation of the Bass Museum of Art from October 1, 2015 to September
30, 2016.
Dear Mr. Lindemann:
The foregoing Letter Agreement shall confirm the understanding between the City and
the Friends, with regard to the Friends' continuing to provide certain management and
operational responsibilities at the Bass Museum of Art, located at 2121 Park Avenue,
Miami Beach, Florida (hereinafter the Bass Museum or the Museum), for a term
commencing on October 1, 2015 (Commencement Date), and terminating on
September 30, 2016 (the Term).
Throughout the Term, the Friends agree to provide the following services in support of
the ongoing management and operation of the Bass Museum (hereinafter, such
services are collectively referred to as the Services):
o Administer, operate, and maintain the John and Johanna Bass Collection (the
Collection), as contemplated pursuant to the terms and conditions of that certain
agreement between the City and John and Johanna Bass, dated July 8, 1963, as
amended and restated on March 10,2010, and approval pursuant to the July 8,
1963 agreement between the City and John and Johanna Bass, and the March
10,2010 amended and restated agreement between the City and Dennis Alan
Richard (as Successor in lnterest to John and Johanna Bass, as well as any
amendments thereto, is hereinafter referred to as the Bass Agreement)..
o Develop and implement exhibitions, programs, and activities which support and
promote the goals and priorities agreed upon by the City and the Friends
(including, without limitation, those which are consistent with and continue to
further the purposes set forth in the Bass Agreement).
384
. Provide certain day-to-day administrative services in support of the Collection, as
well as any and all other art work(s) in the Museum, and the aforestated
activities, to ensure that the Museum continues to be operated, managed, and
maintained in a first-class manner, consistent with similar world-class public
museums of comparable size and budget to the Bass Museum and including,
without limitation, acquisition of services, equipment, and supplies; day-to-day
housekeeping and maintenance; record-keeping; collections and billings; and
similar services.
The Friends represents to City that, prior to the commencement of the Term, its
authorized representatives have inspected the Bass Museum building; accordingly, the
Friends hereby accept the facility 'AS lS, WHERE lS, AND WITH ALL FAULTS"
existing as of the Commencement Date.
ln the event that any claim or controversy arises with respect to the Agreement, the
Friends and the City hereby knowingly and voluntarily waive their rights to assert any
argument or defense alleging inadequate or insufficient consideration.
Attached as Exhibit "A" hereto is the Museum's Operating Budget for the Term (the
Operating Budget or Budget), which the City and Friends have mutually reviewed and
approved. The City and Friends hereby agree and acknowledge that said Budget is
adequate for the provision of the Services. The Friends shall not exceed the Operating
Budget, which has been established at $ 651,000.
The Friends shall use best efforts to undertake, deliver and perform the Services, in
accordance with, and in the amount provided by, the Operating Budget. The Friends
agree to notify the City Manager within ten (10) days of any significant change or
variance in the bottom line numbers in the Operating Budget, and any material increase
in any identified cost(s) and/or expense(s) from thaUthose provided for in the Operating
Budget. Notwithstanding the preceding, or anything contained in this Agreement, the
Friends shall not exceed, commit, or contract to expend any sum in excess of the
aggregate amount allowed in the Operating Budget without first obtaining the prior
written consent of the City Manager, which consent, if granted at all, shall be in the
Manager's sole and reasonable judgment and discretion.
The Friends shall pay all items of expense related to the Services (and subject to the
amount indicated in the approved Operating Budget) from JP Morgan (General
Operating Account) #849186630. ln addition to payment of any operating expenses
related to the provision of the Services, any and all revenues generated by the Friends'
(pursuant to the duties set forth herein) shall also be deposited into this account.
Deposits and/or withdrawals must be prepared by the Assistant Director and confirmed
by the Executive Director. All checks exceeding five thousand dollars ($5,000) require
two signatures. Authorized signatories on the account are as follows:
o Executive Director;
385
. President of the Board;o Vice-President of the Board;. Secretary of the Board.
The Friends agree to keep and maintain an office in the Museum devoted exclusively to
its performance/provision of the Services. The Friends shall keep and maintain all
records related to, and in support of, the Services at such office. Any financial records
shall be maintained in accordance with generally accepted accounting principles. The
City Manager or his authorized designees shall have the right, at any time during the
Term, to audit and inspect any and all Friends' records, upon reasonable written or
verbal notice to the Friends, and during the Museum's normal hours of operation.
The City and the Friends shall each appoint a contract administrator who shall monitor
the parties' compliance with the terms of this Agreement and, in the case of the Friends,
who shall serve as the point person for the City with regard to the Services. Unless
othenruise notified, the contract administrators for each party are as follows:
For the City:
Gary Farmer, CulturalAffairs Program Manager
Tourism and Cultural Development Department
City of Miami Beach
1755 Meridian Avenue
Miami Beach, Florida 33139
305-673-7577
For the Friends:
Silvia Karman Cubina
Executive Director/Chief Curator
Friends of the Bass Museum
2100 Collins Avenue
Miami Beach, Florida 33139
305-673-7530
The Friends agree to defend, indemnify and hold harmless the City, and its officials,
directors, officers, employees, agents, contractors, servants, successors and assigns
against any claims, causes of actions, costs, expenses, (including reasonable attorney's
fees) liabilities, or damages arising out of or in connection with any negligent act or
omission, or intentional misconduct on the part of the Friends or any of its officials,
directors, officers, employees, agents, contractors, servants, successors and assigns, in
the performance of its obligations under this Agreement and/or from the Services.
Additionally, and notwithstanding the indemnification/hold harmless obligations in the
preceding paragraph, or any other term or condition of this Agreement, the Friends shall
defend, indemnify and hold harmless the City, its officials, directors, officers,
employees, agents, contractors, servants, successors and assigns, against any claims,
causes of actions, costs, expenses (including reasonable attorney's fees), liabilities, or
damages arising out of or in connection with any claim, controversy or cause of action
386
brought against the City of Miami Beach (and including its officers, employees, agents,
and contractors) alleging any breach by the City of the Bass Agreement as a result of
the execution of this letter agreement between the City and Friends.
The indemnification and hold harmless requirements in the two preceding paragraphs
shall survive the termination or expiration of this Agreement.
Notwithstanding this indemnification, and as a further condition, the Friends shall, at its
sole cost and expense, maintain in full force and effect throughout the Term of the
Ag reement following insurance:
Commercial General Liability lnsurance, on an occurrence form, in the amount of
Two Million ($2,000,000) Dollars, per occurrence, for bodily injury, death,
- property damage, and personal injury. This policy must name the City of Miami
Beach, Florida, as additional insured.
Workers' Compensation and Employers' Liability coverage, in accordance with
Florida statutory requirements.
All-Risks property and casualty insurance, written at a minimum of 80% of
replacement cost value and with replacement cost endorsement, covering all of
Friends' personal property in the Museum and all improvements installed in the
Museum by or on behalf of the Friends.
The Friends shall provide proof of the aforestated coverages to the City Manager, within
thirty (30) days of execution of this Letter Agreement. lt is understood and agreed that
any coverage provided by the Friends is primary to any insurance or self-insurance
program the City has for the Museum, and that there shall be no right of recovery or
subrogation against the City. All policies must be issued by companies authorized to do
business in the State of Florida and assigned a rating of B+Vl or better, per Best's Key
Rating Guide, latest edition.
This Letter Agreement may be terminated by the City Manager, for cause, in the event
of a breach by the Friends' of any term(s) and/or condition(s) set forth herein and the
Friends' failure to satisfactorily cure same within seven (7) days of written notice of such
breach by the City Manager or his designee; or by either party, for convenience (and
without cause), upon fifteen (15) days prior written notice to the other party.
All written notices and communications required or permitted hereunder may be
delivered personally to the representatives of the Friends and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an
address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
387
TO FRIENDS:
TO CIW:
Friends of the Bass Museum, lnc.
Attn: George Lindemann
President
2100 Collins Avenue
Miami Beach, Florida 33139
(305) 673-7530
City of Miami Beach
Attn: Max Sklar
CulturalArts & Tourism Dev. Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000, Ext. 6116
Notices hereunder shall be effective: lf delivered personally, on delivery; if mailed to an
address in the city of dispatch, on the day following the date mailed; and if mailed to an
address outside the city of dispatch on the seventh day following the date mailed.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CITY AND FRIENDS EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,
OR ARISING OUT OF, THIS AGREEMENT.
The Friends hereby represents, warrants and covenants to the City:
(i) that it has the full legal right, power and authority to enter into this
Agreement and to grant the rights and perform the obligations herein, and
that no third party consent or approval is required to grant such rights or
perform such obligations hereunder;
(ii) that this Agreement has been duly executed and delivered by the
President of the Friends, and attested to by the Secretary, and constitutes
a valid and binding obligation of the Friends, enforceable in accordance
with its terms; and
(iii) that the Friends will comply with all laws applicable to its management of
the Museum, as set forth in this Agreement; provided that the Friends will
not be required to undertake any compliance activity, or have any liability
under this Agreement, if such activity requires any capital expenditure
beyond the approved Operating Budget.
388
Neither party may assign this Agreement.
Neither this Agreement, nor any of its terms, may be changed, modified, waived, or
terminated except by an instrument in writing, signed by an authorized representative,
which shall be the City Manager (on behalf of the City), and the President of the Friends
(on behalf of the Friends).
The City and Friends acknowledge and agree that they are not joint venturers, partners,
or joint owners with respect of the Bass Museum and/or with respect to this Agreement
and/or the Services. Nothing contained in this Agreement shall be construed as creating
a partnership, joint venture or similar relationship between the City and the Friends.
Any employees at the Bass Museum who are City of Miami Beach employees shall
continue to remain City employees throughout the Term (unless othenryise terminated
by the City), and shall remain under the supervision, direction and control of the City.
Additionally, for purposes of this Agreement (or othenruise) no officer, director,
employee, agent, or contractor of the Friends shall be deemed to be an agent or
employee of the City, and shall not attain any rights or benefits under the Civil Service
or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees' or be deemed entitled to Florida Worker's Compensation
benefits as an employee of the City, or accumulation of sick or annual leave.
(THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK)
389
Attest:
CITY OF MIAMI BEACH, FLORIDA
Jimmy L. Morales, City Manager
Date
FRIENDS OF THE BASS MUSEUM, INC.
George Lindemann, President
Date
Secretary
390
RESOLUTION TO BE SUBMITTED
391
COMMISSION ITEM SUMMARY
Key lntended Outcome Supported: Ensure Comprehensive Mobility Addressing All Modes Throughout The
City/Enhance Pedestrian Safetv Universallv.
Gondensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Of Miami Beach To Accept A Donation From Rails To Trails Conservancy Of An
Automated Bicycle And Pedestrian Counter, Valued At Approximately $6,800, To Monitor The Volume Of
Bicyclists and Pedestrians Utilizing The Beachwalk Between 21't Street and 22nd Street; And Approving
And Authorizing The City Manager To Execute An Agreement With The Rails To Trails Conservancy To
lnstall The Automated And Pedestrian Counter.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 City of Miami Beach Community
Satisfaction Final Report, Half of residents claim that there were too few bike paths/lanes. South Pointe and South
Beach & Belle lsle residents (56%) were most likely to think there were too few bike paths/lanes. ln 2014 11o/o ol
residents icvclinq as their mode of tr
Item Summary/Recommendation :
The Railsto-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and Assessment Platform (T-
MAP) Study and has selected the City of Miami Beach is one of the selected urban areas around the United States
to evaluate as part of this effort. RTC created this national research program to build a platform of easy-to-use
models and tools based on decades of research by transportation, economics, and public health experts that will
help empower trail managers and communities to systematically plan and make the case for complete trail
systems. As part of its study, RTC is establishing non-motorized traffic monitoring stations on trails within 12 urban
areas selected including Miami-Dade County.
RTC is interested in furnishing and installing, at no cost to the City, a HI-TRAC CMU automated trail use counter
valued at approximately $6,800 for placement on the Beachwalk between 21"1 Street and 22nd Street. The
automated counter will provide both RTC and the City with valuable information regarding pedestrian and bicycle
use on the Beachwalk and the benefits to users and the built environment, data which the City can use to plan,
monitor, and evaluate existing and future segments of the Beachwalk, Baywalk, and other shared-use paths
throughout the City.
The data and information that would be obtained as a result of the City's participation in the RTC T-MAP study will
help staff more effectively plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk,
and other shared-use paths throughout the City. Additionally, the data will be useful in documenting the current use
of the Beachwalk and quantifying the benefits of non-motorized shared-use paths to users and the built
environment. Staff believes that participating in this national program will enhance the City's position to pursue
potential grant opportunities at the state and federal level to construct future segments of the Beachwalk, Baywalk,
and other non-motorized shared-use paths in the City.
THE ADMINISTRATION REGOMMENDS APPROVING THE RESOLUTION
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary:
Clerk's Office
Jose R. Gonzalez, Ext. 6768
Si
Dg;cartment Director AssistT6 City Manager Gity Manager
JRG \/(e-KGB Jfia 7 JLM
MIAMIBEACH AGENDA trEn CT P
DAre lo'/r-/{392
@ MIAMIBEACH
City of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of t
Jimmy L. Morales, City Manager
October 14,2015
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY OF MIAMI
BEACH TO ACCEPT A DONATION FROM RAILS TO TRAILS CONSERVANCY
OF AN AUTOMATED BICYGLE AND PEDESTIAN COUNTER, VALUED AT
APPROXIMATELY $5,800, TO MONITOR THE VOLUME OF BICYCLISTS AND
PEDESTRIANS UTILIZING THE BEACHWALK BETWEEN 21ST STREET AND 22ND
STREET; AND APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE RAILS TO TRAILS CONSERVANCY TO
INSTALL THE AUTOMATED BICYCLE AND PEDESTRIAN COUNTER.
BACKGROUND
The Rails{o-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and
Assessment Platform (T-MAP) Study. RTC created this national research program to build a
platform of easy-to-use models and tools based on decades of research by transportation,
economics, and public health experts that will help empower trail managers and communities to
systematically plan and make the case for complete trail systems.
RTC is interested in furnishing and installing, at no cost to the City, an HI-TRAC CMU automated
trail-use counter valued at approximately $6,800 for placement on the Beachwalk between 21"1
Street and 22nd Street. As part of its study, RTC is establishing non-motorized traffic modeling
stations on trails within 12 urban areas including Miami-Dade County. The automated counter
will provide both RTC and the City with valuable data regarding pedestrian and bicycle use on the
Beachwalk and the benefits to users and the built environment, data which the City can use to
plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk, and other
shared-use paths throughout the City.
ANALYS!S
The data and information that would be obtained as a result of the City's participation in the RTC
T-MAP study will help staff more effectively plan, monitor, and evaluate existing and future
segments of the Beachwalk, Baywalk, and other shared-use paths throughout the City.
Additionally, the data will be useful in documenting the current use of the Beachwalk and
quantifying the benefits of non-motorized shared-use paths to users and the built environment.
The Administration is aware of some community concerns regarding conflicts between
pedestrians and bicyclists along the City's multiuse pathways. ln August of this year, pedestrian
and bicycle counts were conducted at locations along the beachwalk with the purpose of
assessing the number of pedestrians and bicyclists that use the beachwalk and to determine if
designing a wider pathway to accommodate a separation between bicyclists and pedesrians
TO:
FROM:
DATE:
Com
393
Resolution Accepting Donation from Rails to Trails Conservancy of an Automated Bicycle and Pedestrian
Counter
October 14,2015
Page2 of 2
would be more suitable. Having this permanent counter station would assist with obtaining year-
round counts of bicyclists and pedestrians along the beachwalk.
Staff believes that participating in this national program will enhance the City's position to pursue
potential grant opportunities at the state and federal level to construct future segments of the
Beachwalk, Baywalk, and other non-motorized shared-use paths in the City. The Attachment
contains the terms and conditions of the agreement with the Rails-To-Trails Conservancy. JAMAR
Technologies will install the automated counter. JAMAR Technologies has also indicated that the
automated counter is maintenance-free.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution
authorizing the City of Miami Beach to accept a donation from Rails to Trails Conservancy of an
automated bicycle and pedestrian counter to be placed on the Beachwalk between 21't Street and
22nd Street; and authorizing the City Manager to execute an agreement with the Rails to Trails
Conservancy to install the automated bicycle and pedestrian counter.
Attachment : Agreement with Rails to Trails Conservancy
nWw
KGB/JRG/XRF
F:\TRAN\$ALLXavier\Rails to Trail\Rails To Trails MEMO.docx
394
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY OF MIAMI BEAGH TO AGCEPT A
DONATION FROM RAILS TO TRAILS CONSERVANCY
CORPORATION, OF AN AUTOMATED BIGYCLE AND
PEDESTRIAN COUNTER VALUED AT APPROXIMATELY
$6,800, TO MONITOR THE VOLUME OF BICYCLISTS AND
PEDESTRIANS TRAVELING ALONG THE CITY'S
BEACHWALK BETWEEN 21ST STREET AND 22ND STREET;
AND APPROVING AND AUTHORIZING THE CIry MANAGER
TO EXECUTE AN AGREEMENT WITH THE RAILS TO TRAILS
GONSERVANCY GORPORATION TO INSTALL THE
AUTOMATED BICYCLE AND PEDESTRIAN COUNTER AT NO
COST TO THE CITY.
WHEREAS, the City of Miami Beach (the "City") promotes the safe and convenient use of
its bicycle and pedestrian networks by creating, extending, and improving bicycle and
pedestrian facilities along im portant transportation corridors; and
WHEREAS, the City is currently developing an update to its Bicycle and Pedestrian
Master Plan, in order to enhance bicycle and pedestrian mobility within the City, and to facilitate
access for all modes of transportation; and
WHEREAS, accurate pedestrian and bicycle traffic data is necessary for the City to plan,
design, manage, and monitor the use of the City's transportation networks; and
WHEREAS, Rail to Trails Conservancy Corporation ("Rails-to-Trails") is a nonprofit
organization based in Washington, D.C. that advocates for the protection of walking, biking, and
trail networks, as well as the development of new networks; and
WHEREAS, Rails{o-Trails wishes to donate an automated bicycle and pedestrian
counter (the "Counter Device") to the City, so that the City may collect data on bicycle and
pedestrian traffic, and so that the City and Railsto-Trails may jointly use such data for research
and planning purposes; and
WHEREAS, Railsto-Trails will donate and install the Counter Device, at no cost to the
City, on the City's beachwalk between 21st Street and22nd Street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City to accept a donation from Rails to Trails
Conservancy Corporation, of an automated bicycle and pedestrian counter valued at
approximately $6,800, to monitor the volume of bicyclists and pedestrians traveling along the
City's beachwalk between 21st Street and 22nd Street; and approve and authorize the City
395
Manager to execute an agreement with the Rails to Trails Conservancy Corporation to install
the automated bicycle and pedestrian counter at no cost to the City.
PASSED and ADOPTED this day of ,2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
2-u Q*,? w(c 1ti
City AltorneY Dote
Nr-
F:\ATTO\KALN\RESOLUTIONS\Rails to Trails Bike Counter Reso.doc
396
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE C!ry OF MIAMI BEACH, FLORIDA
AND
RAILS TO TRAILS CONSERVANGY CORPORATION
FOR
THE INSTALLATION OF AN AUTOMATED BICYCLE AND PEDESTRIAN COUNTER ON
THE CITY'S BEACHWALK BETWEEN 21ST STREET AND 22ND STREET
This Professional Services Agreement ("Agreement") is entered into this day offfi .T;"nH:"l"ffi ,?:i',:'""i1*1,i"EtiF;'i,i;?[i?fu ?,#;l]:13:l
offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and RAILS TO
TRAILS CONSERVANCY CORPORATION, a District of Columbia not-for-profit corporation
whose address is2121Ward Court N.W., Washington, DC 20037 ("Contractot'').
Agreement:
City Manager:
Consultant:
Services:
Fee:
Risk Manager:
SECTION 1
DEFINITIONS
This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
The chief administrative officer of the City.
For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Amount paid to the Contractor as compensation for Services.
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 Contractor shall provide the work and services described as follows (the "Services"):
Contractor shall donate and install, at no cost to the City, a battery-powered automated bicycle
and pedestrian counter device (the "Counter Device") on the City's beachwalk between 21st
Street and 22nd Street, to collect data on the number of cyclists and pedestrians traveling along
the beachwalk. The Counter Device has three components: the inductive loop to be embedded
in the beachwalk surface; a 3-foot tall wooden post with a passive infrared sensor to be
mounted on a buried concrete base adjacent to the beachwalk, at the site of the inductive loop;
and a rainbird manhole containing the sensor machinery and battery which is to be buried
behind the post.
397
5.1
The Counter Device will digitally collect and record cyclist and pedestrian traffic data. The City
and Contractor shall have joint access to the data collected, for planning purposes and to
research bicycle and pedestrian traffic and travel behavior. Once Contractor installs the Counter
Device, the City will operate and maintain the Counter Device.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of one year.
SECTION 4
FEE
4.1 Contractor shall provide the Services free of charge, in consideration of Contractor's
right to collect and access data collected from the Counter Device, which shall be placed on the
City's beachwalk, and the City's agreement to maintain the device.
SECTION 5
TERMINATION
TERMINATION FOR GAUSE
lf the Contractor shall fail to fulfill in a timely manner, or otheruvise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause, the City shall notify the Contractor of
its violation of the particular term(s) of this Agreement, and shall grant Contractor seven
(7) days to cure such default. lf such default remains uncured after seven (7) days, the
City may terminate this Agreement without further notice to Contractor. Upon
termination, the City shall be fully discharged from any and all liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The
City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's right and
remedies against Contractor. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys' fees.
TERMINATION FOR CONVENIENCE OF THE CITY
THE CIry MAY ALSO, THROUGH ITS GITY MANAGER, AND FOR lTS
CONVENTENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO GONTRACTOR OF
sucH TERMINATTON, WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUGH NOTICE. IF THE
AGREEMENT !S TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR
5.2
398
5.3
SHALL BE PAID FOR ANY SERVIGES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION, FOLLOWING WHICH THE GITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. ln such event, the right and obligations for the parties shall be the
same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'fees and
costs, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property,
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other
person or entity acting under Contractor's control or supervision, in connection with, related to,
or as a result of the Contractor's performance of the Services pursuant to this Agreement. To
that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals.
The provisions of this Section 6.1 and of this indemnification shall survive termination or
expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of $1,000,000;
2. Contractor Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+" as
to management and not less than "Class Vl" as to strength by the latest edition of Best's
lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability and Professional Liability
399
shall include the City as an additional insured and shall contain a waiver of subrogation
endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SEGTION 7
LITIGATION J U RIS DICTION/VEN U E/J U RY TRIAL WAIVE R
This Agreement shall be construed In accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of this Agreement shall lie in Miami-Dade County, Florida.
By entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000.
Consultant hereby expresses its willingness to enter into this Agreement with Contractor's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of $1,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
400
SECTION 9
ITNTENTIONALLY DELETEDI
SECTION 1O
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor , and at any time during normal
business hours (i.e. 9:00 am - 5.00 pm, Monday through Friday, excluding nationally
recognized holidays), and as often as the City Manager may, in his/her reasonable discretion
and judgment, deem necessary, there shall be made available to the City Manager, and/or
such representatives as the City Manager may deem to act on the Gity's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Contractor shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 [NTENTIONALLYDELETETD]
10.3 ASSIGNMENT. TRANSFER OR SUBGONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3Xa) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
ln connection with the performance of the Services, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial
status, or age.
10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of lnterest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code, as may be amended from time to time; both of which are hereby
incorporated by reference as if fully set forth herein.
5
401
The Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Contractor further covenants that in the performance of this Agreement,
Contractor shall not knowingly employ any person having such interest. No member of or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR:
TO CITY:
WITH A COPY TO:
Ken Bryan
Rails to Trails Conservancy Corporation
PO Box 15227
Tallahassee, FL32317
(850) 264-3067
Jose Gonzalez
Transportation Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. ln the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would othenuise be
sent, unless other delivery instruction as speciflcally provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
6
402
SECTION 12
MISCELLAN EOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERAB!LITY
lf any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 ENT!REry OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
,12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of
"Contracto/'as defined in Section 119.0701(1Xa), the Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
(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; and
(d) Meet all requirements for retaining public records and transfer to the City, at no cost to
the City, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant shall
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 City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
403
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Contractor's failure to comply with the public records disclosure requirement set forth in Section
1 19.0701 of the Florida Statutes shall be a breach of this Agreement.
ln the event the Consultant does not comply with the public records disclosure requirement set
forth in Section 1 19.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail
itself of the remedies set forth under this Agreement and available at law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
404
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
By:
Rafael E. Granado
City Clerk
Jimmy L. Morales
City Manager
Date:
RAILS TO TRAILS CONSERVANCY
CORPORATION
Print Name and Title
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
FOR CONTRACTOR :
ATTEST:
Date:
Date:
By:
Print Name and Title
MJ|W
City Attorney Dote
UL
9
405
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City
DATE: October 14,2015
SUBJECT: A Resolution Authorizing The Manager And The City Clerk To Execute An
Dade Gounty For The Collection Of Emergency 911 System Service Fees.
BACKGROUND
Every ten years Miami Dade County requires the City of Miami Beach to execute the
interlocal cooperation agreement for the collection of the Emergency 911 System
Service Fees.
ANALYSIS
The Department of Emergency Management, Public Safety Communications Unit receives
emergency calls for service via the 911 Telephone Emergency Systems. These emergency
services are provided to anyone dialing 911 within the Jurisdiction of Miami Beach. This
agreement is required to allow Miami Dade County to disperse the collected fees by the State of
Florida from wireless, non-wireless, and prepaid phones to the City of Miami Beach.
CONCLUSION,W-:::::::::::
::::::: Md
Agenda 11"^ C7 d --"s-'.-- i^i" Wtf-6406
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEAGH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE GITY CLERK TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND MIAMI.DADE COUNW FOR THE COLLECTION OF
EMERGENCY 911 SYSTEM SERVICE FEES.
WHEREAS, Miami Beach Police Department personnel are responsible for responding to
emergencies and critical incidents in the City of Miami Beach, via the 911 Telephone
Emergency Response System. This involves receiving emergency calls for service and the
subsequent dispatching of police officers and fire personnel, and
WHEREAS, Miami-Dade County and the City of Miami Beach both desire to continue to
provide their citizens with a single, primary three-digit emergency telephone number as is
intended and outlined in the Florida Emergency Telephone Act (Section 365.171, Florida
Statutes) and the Wireless Emergency Communications Act (Section 365.172, Florida Statutes),
and
WHEREAS, local telephone exchange providers will bill their subscribers for the Emergency
911 fee, collect all Emergency 911 fees paid by subscribers and then transfer to Miami-Dade
County, less a 1% remuneration for administrative costs, the balance of the Emergency 911
fees, and
WHEREAS, wireless telephone service providers will bill their subscribers for Emergency
911 fees, collect all Emergency 911 fees paid by subscribers and then transfer to the Florida
State Wireless 91 1 Board, less a 1% remuneration for administrative costs, the balance of the
Emergency 911 fees, and the Florida State Wireless 911 Board will transfer a portion of these
funds to Miami-Dade County pursuant to Section 365.173, Florida Statutes.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, herein authorize the City Manager
and the City Clerk to execute an lnterlocal Cooperation Agreement between the City of Miami
Beach and Miami-Dade County for the collection of Emergency 911 System service fees.
PASSED and ADOPTED this day of October, 2015.
ATTEST BY:
MAYOR PHILIP LEVINE
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,nv\t5€m
RAFAEL E. GRANADO, CITY CLERK
407
INTERLOCAL COOPERATION AGREEMENT
BETWEEN MIAMI.DADE COUNW AND
THE CITY OF MIAMI BEACH
FOR EMERGENCY 911 SYSTEM FUND
THIS AGREEMENT, made and entered into this Ilo., or
FObr,*r, ,2015,by and between Miami-Dade County, a political subdivision
,/-
of the State of Florida, (hereinafter referred to as the COUNTY), and the City of Miami
Beach a municipal corporation organized and existing under the laws of the State of
Florida and located in Miami-Dade County, (hereinafter referred to as the CITY).
WHEREAS, the COUNTY and the CITY both desire to continue to provide their
citizens with a single, primary three-digit emergency phone number as is intended and
outlined in Florida Statutes, Chapter 365, Use of Telephones and Facsimile Machines,
more specifically sections relating to Florida's Emergency Communications Number
E91 1.
WHEREAS, local telephone exchange providers will bill their subscribers for the
Emergency 911 fee, collect all Emergency 91'1 fees paid by subscribers, and then
transfer such fees to the State of Florida, less a one (1) percent remuneration for
administrative costs, the balance of the Emergency 911 fees; and
WHEREAS, wireless telephone service providers will bill their subscribers for
Emergency 911 fees, collect all Emergency 911 fees paid by subscribers, and then
transfer these fees to the Florida State Wireless 911 Board, less a one (1) percent
remuneration for administrative costs, the balance of the Emergency 911 fees. Then
Page I
408
the Florida State Wireless 9'11 Board will transfer.a portion of these funds to the
COUNTY pursuant to Florida law; and
WHEREAS, the intent of this INTERLOCAL AGREEMENT is to ensure that the
COUNTY and the participating municipality operating an E911 system accurately
administer E911 fees in accordance with Florida law;
NOW, THEREFORE, BE lT KNOWN that Miami-Dade County and the
undersigned municipality, in consideration for mutual promises and covenants
contained herein, agree to fully and faithfully abide by and be bound by the following
terms and conditions:
ARTICLE I
RESPONSIBILITIES OF THE CITY
The CITY agrees to:
1. Establish a strict accounting that tracks the use of E911 fees and provides an
audit report to ensure that the E911 funds are received, dispersed and
managed in accordance with Florida law. For accounting purposes, the
Emergency 911 (E911) System Fund must be segregated into three (3)
separate accounts: the wireless category; non-wireless category; and the
prepaid wireless category.
2. Pay for reasonable COUNTY expenses that are related to any audit legally
required to be conducted by the COUNTY of the wireless, non-wireless, and
prepaid wireless E911 fees received by the CITY from the COUNTY, and any
reasonable costs for similar audits conducted by the State when the State can
legally impose such costs on either the COUNTY or the CITY.
Page 2
409
Submit to the COUNTY on or before June 15 of each year, a proposed
budget for the use of the wireless, non-wireless and prepaid wireless
categories in accordance with Florida law for the next fiscal year beginning on
October'lstof the same year and ending on September 30th of the following
calendar year.
Be solely responsible for surpluses or deficits in its own accounts, and accept
annual adjustments to the wireless, non-wireless and prepaid wireless E911
fees as may be required by the COUNW and/or the State in order to
eliminate surpluses or deficits in the COUNTY's and/or CITY's E911 System
fee accounts.
5. Submit to the COUNTY, on or before March 31 of each year, a completed
audit of expenses paid for by wireless, non-wireless and prepaid wireless
E911 fees for the prior fiscal year that ended on September 30th. The CITY
will bear the cost of such audit.
ARTICLE II
RESPONSIBILITIES OF THE COUNTY
The COUNTY agrees to:
1. Receive wireless, non-wireless and prepaid wireless E911 fees from local
telephone exchange providers and the Florida State Technology Office.
2. Transfer to the CITY, in a timely manner, the CITY's share of wireless, non-
wireless and prepaid wireless E911 fees that the COUNTY receives.
3.
4.
Page 3
410
ARTICLE III
PREVAILING STATE LAW
This Agreement shall be construed in accordance with the current State of Florida laws
governing Emergency Communications Number E911. Each party shall administer its
E911 system, including the management of E911 fees, in accordance with current
Florida law.
ARTICLE IV
MAINTENANCE AND AVAILABILIry OF RECORDS
Each party shall maintain all financial records and accounts in accordance with
Generally Accepted Accounting Principles (GAAP). Furthermore, each party will
maintain all records related to this AGREEMENT pursuant to law and state-established
records retention schedules. For example, record copies of documents consisting of
legal records, correspondence, reports, purchases of non-capital items and services,
etc., relating to this AGREEMENT must be maintained for five (5) fiscal years after
completion or termination of the AGREEMENT provided applicable audits have been
released and in compliance with the requirements documented in the most current
Florida Department of State, General Schedule For Local Government Agencies.
Records maintained by each party pursuant to this AGREEMENT will be made available
to the other party for audit purposes.
ARTICLE V
INDEMNIFICATION
Each party to this Agreement agrees to assume responsibility for the acts, omissions, or
conduct of such party's own employees while participating herein and pursuant to this
Agreement, subject to the provisions of Section 768.28, Florida Statutes, where
applicable. "Assume Responsibility" shall mean incurring any and all costs associated
Page 4
411
with any suit, action, or claim for damages arising from the performance of this
Agreement.
ARTICLE VI
ASSIGNMENT
The CITY shall not assign, transfer, pledge, contract, sub-contract, surrender, or
othenvise encumber or dispose of this AGREEMENT, or any interest in any portion of
same.
ARTICLE VII
EFFECTIVE DATE AND AMENDMENTS
This AGREEMENT shall be in effect from the date of signing and will expire on January 1,
2025. This Agreement may not be amended or modified except in writing, signed and
duly executed by the parties. Any amendments or modifications to this Agreement
require County Commission approval via the County's legislative process.
ARTICLE VIII
TERMINATION
This AGREEMENT can be terminated by either party, without or without cause, upon
providing thirty (30) days written notice to the other party.
Page 5
412
lN WITNESS WHEREOF, the parties have caused this AGREEMENT to be
executed by their respective and duly authorized officers on the day and year first above
written.
MIAMI.DADE GOUNTY
ATTEST:
Miami-Dade County, Florida
Patterson, Director
Miami-Dade Police Department
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
R. A. Cuevas, Jr., County
Miami-Dade County, Florida
Page 6
413
CITY OF MIAMI BEACH
Ji
Emergency Management Director
N.r*\ CE,V qlull
Raul Aguild ' n.O Dat'e
city Attorney [S
ATTESN
Page 7
414
THIS PAGE INTENTIONALLY LEFT BLANK
415
R5
ORDINANCES
416
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Miami Beach City Code Chapter 82, Entitled "Public Property', By Amending Article lV Thereof Entitled
"Uses ln Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late
Payments; Review Of Fee," By Amending Subsection (A) Thereof To Abate Sidewalk Caf6 Fees For
Businesses North Of 63'0 Street, Through And lncluding September 30,2017; Providing For Repealer,
Codification, Severabilitv, And An Effective Date. SECOND READING PUBLIC HEARING
N/A
Item Summary/Recommendation:
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a
$150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does not charge
Sidewalk Caf6 fees for businesses situated on State Roads because they were outside its jurisdiction.
This created a competitive disadvantage for sidewalk cafes on City streets in the North Beach Area.
ln 1998, pursuant to Ordinance No. 98-3146, sidewalk caf6 fees were abated during the North Shore
construction project and for a year after completion as an economic development measure. Pursuant to
Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver
provisions to September 30, 2001.
On February 26,2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the
fee waiver provisions subject to a two year budget analysis and review by the Administration. Later that
same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the
Sidewalk Caf6 fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, 'A Discussion To lmmediately
Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a referral to the Finance
and Citywide Projects Committee (FCWPC). ln addition, the Commission requested that a new fee
abatement program be established for the square footage fee on sidewalk caf6 permits issued for
locations north of 63'd Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees be
waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which
waived square footage fees for sidewalk cafes north of 63'o Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total footprint of
985 square feet that are not on State roadways and nine (9) sidewalk cafes with a total footprint of 880
square feet on State roadways.
At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record and
recommended moving forward with a Second Reading Public Hearing.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SEGOND READING
PUBLIC HEARING.
Board Recommendation:
Financial lnformation :
Source of funds #Amount Account Approved
I 1l
Financia! lmoact Summarv:
Eric ter, ext 6012
AGEITDA ITg}'# MIAMIBTACH fi*T*,417
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.|39, www.miomibeochfl.gov
Mayor Philip Levine and Members o!
Jimmy L. Morales, City Manager
October 14,2015
AN ORDINANCE OF THE MA'AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH GITY CODE CHAPTER 82,
ENTTTLED ..PUBLIC PROPERTY" BY AMENDING ARTICLE IV THEREOF
ENTITLED "USES IN PUBLIC RIGHT-OF.WAY", BY AMENDING SECTION 82.383,
ENTITLED..PERMIT FEE; PENALTIES FOR LATE PAYMENTS; REVIEW OF FEE,,'
BY AMENDING SUBSECTION (a) THEREOF TO ABATE SIDEWALK GAFE FEES
FOR BUSINESSES NORTH OF 63RD STREET, THROUGH AND INCLUDING
SEPTEMEBER 30, 2017; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance.
BACKGROUND
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
caf6s a $150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does
not charge Sidewalk Caf6 fees for businesses situated on State Roads because they were
outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City
streets in the North Beach Area.
ln 1998, pursuant to Ordinance No, 98-3146, sidewalk caf6 fees were abated during the North
Shore construction project and for a year after completion as an economic development
measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City
Commission extended the fee waiver provisions to September 30, 2001.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which
reinstated the fee waiver provisions subject to a two year budget analysis and review by the
Administration. Later that same year, the City Commission adopted Ordinance No. 2003-3423
on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, "A Discussion To
lmmediately Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a
referral to the Finance and Citywide Projects Committee (FCWPC). ln addition, the
SSION MEMORANDUM
FROM:
DATE:
SUBJECT:
418
Sidewalk Cafd Ordinance Amendment - Memo
October 14, 2015
Page 2 of 2
Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk caf6 permits issued for locations north of 63'd Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees
be waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-
3824 which waived square footage fees for sidewalk cafes north of 63'd Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total
footprint of 985 square feet that are not on State roadways and nine (9) sidewalk cafes with a
totalfootprint of 880 square feet on State roadways.
At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record
and recommended moving fonruard with a Second Reading Public Hearing.
CONCLUS!ON
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Attachments: City Code Chapter 82 draft Ordinance
MrErt&\
T.\AGIf\i]A\]015\Crtob*r\plJBLtC WORKS'€iduralk cale ordiniance amerrdm*r':l- M*M0.do*x
419
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CIry CODE
CHAPTER 82, ENTITLED "PUBLIC PROPERTY" BY AMENDING ARTICLE
IV THEREOF ENTITLED "USES IN PUBLIC RIGHT.OF.WAY", BY
AMENDING SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR
LATE PAYMENTS; REVIEW OF FEE; EXCEPTION," BY AMENDING
SUBSECTTON (a) THEREOF TO ABATE STDEWALK GAFE FEES FOR
BUSINESSES NORTH OF 63RD STREET, THROUGH AND INCLUDING
SEPTEMBER 30, 2017; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach City Code Chapter 82 authorizes the City to charge
restaurants with sidewalk cafes a $150.00 annual permit fee, plus $20.00 per square foot for the
caf6 area. The City does not charge Sidewalk Caf6 fees for businesses situated on State
Roads because they were outside its jurisdiction. This created a competitive disadvantage for
sidewalk cafes on City streets in the North beach Area; and
WHEREAS, in 1998, pursuant to Ordinance No. 98-3146, Sidewalk Caf6 fees were
abated during the North Shore construction project and for a year after completion as an
economic development measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12,
2000, the City Commission extended the fee waiver provisions to September 30, 2001; and
WHEREAS, on February 26,2003, the City Commission adopted Ordinance No. 2003-
3397 which reinstated the fee waiver provisions subject to a two year budget analysis and
review by the Administration. Later that same year, the City Commission adopted Ordinance
No. 2003-3423 on July 30, 2003 repealing the Sidewalk Caf6 fee abatement provisions.
WHEREAS, at its July 19,2013 meeting, the City Commission heard ltem R9P, "A
Discussion To lmmediately Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and
approved a referral to the Finance and Citywide Projects Committee (FCWPC). ln addition, the
Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk caf6 permits issued for locations north of 63'd Street; and
WHEREAS, at its September 19,2013, the FCWPC Committee recommended that the
sidewalk caf6 fees be waived; and
WHEREAS, at its October 2013 meeting, the City Commission adopted Ordinance No.
2013-3824 which waived square footage fees for sidewalk cafes north of 63'd Street through and
including September 30, 2015, and required a budget analysis and review by the City
Administration by September 30, 2015, in order to determine whether the abatement should
sunset on September 30, 2015 or should be extended by Ordinance; and
WHEREAS, the Miami Beach City Commission desires to encourage continued
economic development in the North Beach area by extending the sidewalk caf6 square footage
fee waiver provision for an additionaltwo years through and including September 30, 2017; and
420
WHEREAS, presently, north of 63'd Street, there are three (3) restaurants with sidewalk
cafes with a total footprint of 985 square feet that are not on State roadways and nine (9)
sidewalk cafes with a total footprint of 880 square feet on State roadways.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-383, of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
***
Article lV. Uses ln Public Rights-Of-Way
Division 5. Sidewalk Cafes
ar*,r,=,on ll. PJrmit
Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk caf6 shall be as set forth in appendix
A, and shall be based on a per square foot calculation of permitted sidewalk area
(including the area between the tables and chairs). Notwithstanding any other
paragraphs or provisions of this article, no square footage fee as required by this section
shall-be required for the operation of sidewalk cafes north of 63'd Street through and
including September 30, 2045 2017. The abatement of sidewalk caf6 square footage
fees for businesses north of 63'd Street shall be the subject of a budget analysis and
review by the City Administration by September 30, ?€15 2017. However a permit must
be obtained and the annual base application fee required by subsection 82-382(bxg)
shall be paid for the operation of sidewalk cafes north of 63'd Street.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
421
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.
SECTION4. 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 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
ATTEST:
Rafael E. Granado
(Sponsored by Vice Mayor Edward Tobin)
Underline denotes additions
S++Xe+nreugh d e notes deletio ns.
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
day of
T:\AGENDA\201S\SeptembeAPUBLlC WORKS\Sidewalk cafe ordinanceamendment 2015.docx
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424
lntended Outcome Su
Ensure Expenditure Trends Are Sustainable Over The Long Term.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to increase penalties to private waste and
specialty contractors for not paying franchise and permit fees due to the City based on a percentage
of fees not paid.
n-Offs:
T:\AGENDA\201S\October\Solid Waste Franchise Fees Penalties - Second Reading
AGEN,A nem RSB
oor; /oTq-/{
ln two recent audits performed, the private waste contractors collected revenues and franchise fees
for rolloff services in the City and failed to report these revenues and remit applicable franchise and
permit fees to the City. The changes recommended for this ordinance primarily provide for eliminating
the current flat late fee and establishing a penalty based upon a percentage of fees not remitted. An
approach similar to penalties established for the City's resort tax collection is recommended.
Penalties for resort taxes not remitted are currently at 10% for those taxes due within 30 days after the
due date with additional penalties of 10% being charged for each subsequent 30 day period
afterwards with a cap of 50% penalty of the total amount of the fees. This change should encourage
compliance to the City Code by these contractors.
On September 2,2015, the City Commission accepted the recommendation of the Audit Committee
via separate motion and approved the Ordinance at First Reading and scheduled a Second Reading
Public Hearing for October 14,2015.
The Administration recommends that the City Commission adopt the Ordinance.
On April 28, 2015 the Audit Committee recommended increasing the penalty to private waste
contractors for not reporting franchise and permit fees to the City.
Advisory Board Recommendation:
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
UBPr Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
MIAMIBEACH 425
City of lltiomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
MIAMIBEACH
TO:
C
Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: AMENDING PENALTIES FOR FRA
TO THE CITY BY PRIVATE WASTE
CHISE AND PERMIT FEES NOT PAID
SPECIALry CONTRACTORS
AN ORDTNANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "SOLID WASTE,'' BY AMENDING ARTICLE IV,
ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED'FRANCHISE," BY AMENDING SECTION 90.225, ENTITLED
..FAILURE TO PAY FRANGHISE FEE" TO PROVIDE PENALTIES FOR FAILURE TO
PAY FRANCHISE FEES; AND BY AMENDING DIVISION 4, ENTITLED "SPECIALTY
CONTRACTORS," BY AMENDING SECTION 90.278, ENTITLED "FEES AND
REQUIREMENTS" TO AMEND THE PENALITIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILIW; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BAGKGROUND
The City's lnternal Audit Division audits private waste contractors to verify whether
required franchise fees and other rolloff permit fees for solid waste picked up within the
City's limits are being reported to the City. Waste contractors charge their customers an
18% City franchise fee on revenues earned with the City limits. These franchise fees
are to be remitted monthly to the City. At present, the penalties for not paying the
franchise fees are based upon a flat fee of $50 for each late return or return not filed.
lnterest is also charged on any franchise or permit fees due to the City.
ln two recent audits performed within the current fiscal year, the specialty (rolloff)
contractors collected revenues and franchise fees for rolloff services in the City and
failed to report these revenues and remit applicable franchise fees to the City. Other
than standard interest allowed by the City Code, a flat fee of $50 is assessed for any late
returns or on revenues not reported. For these two audits, late fees amounted to $1,700
and $400 on assessed franchise fees not reported in the amount of $58,462 and $1,791
respectively.
MMISSI MEMORANDUM
City Co
OND - PUBLIG HEARING
426
Commission Memorandum
Amending Penalties for Franchise and Permit Fees Not Paid
October 14, 2015 Page 2 ot 2
ANALYSIS
These contractors did not comply with certain reporting provision sections in the City
Code during the audit period. They collected revenues and franchise fees for services
rendered within the City of Miami Beach and failed to file.
The changes recommended for this ordinance primarily provide for eliminating the
current flat late fee and establishing a penalty based upon a percentage of fees not
remitted. An approach similar to penalties established for the City's resort tax collection
is recommended. Penalties for resort taxes not remitted are currently at 10o/o for those
due within 30 days after the due date with additional penalties of 10% being charged for
each subsequent 30 day period aftenrvards with a cap of 50% penalty of the total amount
of the fees. This change should encourage compliance to the City Code by these
contractors.
AUDIT COMMITTEE REVIEW
At the April 28, 2015 Audit Committee meeting, the committee recommended proposing
a change to the City ordinance to allow for a higher penalty which is based on a
percentage of fees not remitted rather than a flat non-filing fee. This change would be
similar to how penalties are currently calculated on businesses not remitting resort taxes
and would encourage timelier compliance. Commissioner Weithorn is sponsoring these
changes.
SUMMARY
On September 2,2015, the City Commission accepted the recommendation of the Audit
Committee via separate motion and approved thg subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for October 14,2015.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
T:\AGENDAVo1S\October\Solid Waste Franchise Fees Penalties - Second Reading MEM.docx
427
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED..PRIVATE WASTE CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED ..FRANCHISE," BY AMENDING
SECTION 90-225, ENTITLED "FAILURE TO PAY FRANCHISE
FEE,'' TO AMEND THE PENALTIES FOR FAILURE TO PAY
FRANCHISE FEES; AND BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS,'' BY AMENDING
SECTION 90-278, ENTITLED "FEES AND REQUIREMENTS,"
TO AMEND THE PENALTIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida finds it in the
public interest to ensure that all areas within the City limits are adequately provided with
high-quality solid waste collection and disposal service; and
WHEREAS, the City Commission finds it in the public interest to strengthen its
regulatory authority, as permitted by law, over solid waste collection and disposal
because of the overriding public health, welfare, and ecological considerations
associated with the provisions of solid waste services; and
WHEREAS, the City Commission finds it in the public interest to ensure public
sanitation, to promote aesthetic considerations, and to protect the public investment in
right-of-way property; and
WHEREAS, the City Commission finds that charging penalties based on a
percentage of fees not paid for the failure to pay solid waste franchise and permit fees is
the best means of assuring that the above-described interests of the City are served.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Miami Beach Code Chapter 90, entitled "Solid Waste," Section 90-
225 and Section 90-278 are hereby amended as set forth below:
428
CHAPTER 90
SOLID WASTE
***
Article lV. Private Waste Contractors
***
Division 3. Franchise
Sec. 90-225. Failure to pay franchise fee; penalties.
lf a franchise waste contractor fails to pay any franchise fee (as set forth in section 90-
221), when due and within the time provided, the contractor shall pay any and all of the
city's expenses for collection of same, including, without limitation, audit costs and
reasonable attorney fees and costs. lf the contractor fails to pay the full franchise fee
on or before the last day of each month, i
penalty fees for private waste collectors/contractors shall
be as follows:
Or?rnal delrnouency. Anv franchise waste contractor who fails to remit
anv franchise fee imposed bv this division within the time required shall
pav a penaltv of ten percent of the amount of the delinquent fee in addition
to the amount of the delinquent fee.
Confinued delrnouency. Anv franchise waste contractor who fails to remit
the franchise fee on or before the 30th dav followinq the date on which the
fee first became delinquent shall pav a second delinquencv penaltv of ten
percent of the amount of the delinquent fee. in addition to the amount of
the fee. and the ten percent penaltv imposed pursuant to section (1). An
additional penalty of ten percent of the amount of the delinquent fee shall
be paid for each additional 30-dav period. or part thereof. durins which the
franchise fee is delinquent, provided that the total penaltv imposed bv
subsection (1) and this subsection (2) shall not exceed 50 percent of the
amount of the franchise fee. This penalty shall be in addition to the
franchise fee and interest imposed by this division.
/nferesf. ln addition to the penalties imposed in subsections (1) and (2) of
this section, anv franchise waste contractor who fails to remit anv
franchise fee imposed bv this division shall pav interest at the hiqhest
leqal rate of interest permitted by law on the amount of the franchise fee.
exclusive of penalties. from the date on which the franchise fee first
became delinquent until paid.
u
4
3)
429
!) Penalties merqed with franchise fee. Everv penallv imoosed and all
interest accrued under the provisions of this section shall become a part of
the franchise fee required to be paid.
Division 4. ,0"","n, Contractors
***
S u bd ivision I l. Rol loff/Portable Waste Gontai ner Contractors
Sec.90-278. Fees and requirements; penalties for non-pavment.
The permit fees and requirements for rolloff container and grapple service contractors
shall be as follows:
(6) Failure to pay permit fee; penalties for late payment lf the contractor fails to timely
pay the full permit fee as set forth in subsections (1) and (2) of this section, the
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs, audit costs and reasonable attorney fees. lf the
contractor fails to pay the full permit fee on or before the last day of each month, -a-late
payment penatty as
the ameunt due at the highest lawful rate ef interest per annum, nenalty fees for
specialty contractors shall be as follows:
a) On?rnal delinouency. Anv specialtv contractor who fails to remit any
pgrmit fee imposed bv this division within the time required shall pay a
penaltv of ten percent of the amount of the delinquent fee in addition to the
amount of the fee.
b) Confrnued delrnouency. Anv specialtv contractor who fails to remit the
permit fee on or before the 30th day following the date on which the fee
first became delinquent shall pav a second delinquencv penaltv of ten
percent of the amount of the fee in addition to the amount of the fee and
the ten percent penaltv imposed pursuant to subsection (1). An additional
penaltv of ten percent of the amount of the delinquent fee shall be paid for
each additional 30-day period, or part thereof. durinq which the permit fee
is delinquent. provided that the total penaltv imposed bv subsection (a)
and this subsection (b) shall not exceed 50 percent of the amount of the
permit fee. This penaltv shall be in addition to the permit fee and interest
imposed bv this division.
430
c) /nferesf. ln addition to the penalties imposed in subsections (a) and (b),
any specialty contractor who fails to remit any permit fee imposed by this
division shall pav interest at the hiqhest leqal rate of interest permitted bv
law on the amount of fee, exclusive of penalties, from the date on which
the permit fee first became delinquent until paid.
g!) Penalfies merqed u/ifh permrt fee. Everv penaltv imposed and all interest
accrued under the provisions of this section shall become a part of the
permit fee required to be paid.
SECTION 2. SEVERABILITY
!f in 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 portion of the Ordinance.
SECTION 3. REPEALER
All ordinances or parts in conflict herewith be the same are hereby repealed.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SEGTION 5. EFFECTIVE DATE
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
,2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underscore denotes new language
S+i*e++eugn denotes deleted language
(Sponsored by Commissioner Deede Weithorn)M t5
T:\AGENDA\201S\September\OBPI\Solid Waste Penalty Changes - First Reading ORD.docx * oooe
431
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COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission of the City if Miami Beach, Florida, amending Part l, Subpart B,
Article lX, Related Special Acts, of the Miami Beach City Code entitled "Pension System for Disability and
Retirement of Members of Police and Fire Departments"; amending the pension system to comply with applicable
provisions of the lnternal Revenue Code and Regulations thereunder; amending Section 62 entitled, "Definitions";
amending Section 63, entitled "Source of Monies for Fund; Computation of Liability; Use and lnvestment of Fund"'
amending Section 66, entitled "service and Disability Benefits Generally"; amending Section 70, entitled "Return oi
Contribution"; amending Section 79, entitled "Deferred Retirement Option Plan"; amending Section 82, entitled
"Military Service"; amending Section 83, entitled "Limitations on Benefits;" amending Section 84, entitled
"Distribution Limitation"; amending Section 85, entitled "Distribution to Retirement Plan"; providing for severability;
all ordinances in conflict : and and effective date.
Ensure expenditure trends are sustainable over the long term
Second Reading, Public Hearing
Item Summarv/Recommendation :
The amendments are technical in nature, and should not result in additional cost to the City. An actuarial impact
statement will be provided for the second reading and public hearing which, contingent on acceptance of the
Administration's recommendation, shou ld be October I 4,201 5.
The proposed amendments include the following nine plan changes:
1. A new definition of "actuarial assumptions" for the purpose of calculating optional forms of benefits. The
definition incorporates the past and present assumptions approved by the pension board and plan actuary.
2. A provision stating that employee contributions that are "picked up" by the City (i.e., treated as employer
contributions for tax purposes) cannot be paid directly to employees.
3. A provision stating that a plan member shall be fully vested in plan benefits upon reaching normal
retirement age.
4. A provision requiring plan members who separate from city employment to make a written request for a
return of member contributions.
5. A provision stating that the DROP plan shall be treated as a defined contribution plan for the purpose of
applying maximum limits on contributions and additions, to the extent required by law.
6. A provision incorporating the mandatory requirements of the Uniformed Services Employment and
Reemployment Rights Act (USERRA).
7. A provision stating that the limitation year is the same as the plan year (October 1 through September 30)
for the purpose of applying the maximum benefit limit in Section 415 of the lnternal Revenue Code.
8. A provision incorporating the mandatory distribution requirements of the lnternal Revenue Code.
9. Provisions incorporating the rollover requirements of the lnternal Revenue Code.
There are legal and practical advantages to obtaining a determination letter. Among them: an IRS determination
letter provides a definitive analysis of whether a plan is qualified and the basis for retroactive relief if the Service
later changes its position. According to the actuary, the proposed ordinance does not result in any costs to the
Advisory Board Recommendation :
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
T"t"l
Financial lmoact Summarv:
Department Director Assistant City Manager City anager
SCTEd MT JLM t
,J\
AGE!{BA,'.i, R f CE MIAMIBEACH BnTE lo'lq-l{433
MIAMIBEACH
Clfy of ,Ylloml Beoch, I200 Convention Cenler Drive, Miomi Beoch, FL 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
CITY OF MIAMI BEAGH,
AND CITY COMMISSION OF THE
AMENDING PART I, SUBPART B,
ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH GIry
CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND
RETIREMENT OF MEMBERS OF POLICE AND FIRE
DEPARTMENTS,,; AMENDING THE PENSION SYSTEM TO COMPLY
WITH APPLICABLE PROVISIONS OF THE INTERNAL REVENUE
CODE AND REGULATIONS THEREUNDER; AMENDING SECTION 62,
ENTITLED "DEFINITIONS"; AMENDING SECTION 63, ENTITLED
"SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY;
USE AND INVESTMENT OF FUND"; AMENDING SECTION 66,
ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY";
AMENDINGSECTION 70, ENTITLED "RETURN OF CONTRIBUTION";
AMENDING SECTION 79, ENTITLED "DEFERRED RETIREMENT
OPTION PLAN"; AMENDING SECTION 82, ENTITLED "MILITARY
SERVICE"; AMENDING SECTION 83, ENTITLED "LIMITATIONS ON
BENEFITS;" AMENDING SECTION 84, ENTITLED "DISTRIBUTION
LIMITATION"; AMENDING SECTION 85, ENTITLED "DISTRIBUTIONTO RETIREMENT PLAN,,; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES lN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
SECOND READING, PUBLIC HEARING
BACKGROUND
We have reviewed the proposed amendments to the Miami Beach Firefighters and Police
Pension Plan, attached to the lnternal Revenue Service (lRS) determination letter dated
January 29, 201 4 (attached).
An lnternal Revenue Service "determination lette/' is issued in response to a request as to the
qualified status of a retirement plan under IRC section 401(a). The determination letter
expresses the Service's opinion regarding the form of the plan, and applies only to the employer
and the plan participants on whose behalf it was issued.
The proposed amendments are required by the lnternal Revenue Code (lRC) and IRS
regulations, in order for the Plan to retain its qualified status and comply with the favorable
determination letterfrom the lRS.
The proposed amendments include the following nine plan changes:
Honorable Mayor Philip Levine Members the City Commission
Jimmy L. Morales, City Manager
October 14,2015
AN ORDINANCE OF THE MA
We ore connifid lo providing excelbnl publrc *wice ad *fety n oll who live, *o* ond pby in our vibront, lropical, historic communily434
City Commission Memorandum
October 14,2015
Firefighters and Police Pension Plan
Page 2 of 3
1. A new definition of "actuarial assumptions" for the purpose of calculating optional forms
of benefits. The definition incorporates the past and present assumptions approved by
the pension board and plan actuary.
2. A provision stating that employee contributions that are "picked up" by the City (i.e.,
treated as employer contributions for tax purposes) cannot be paid directly to
employees.
3. A provision stating that a plan member shall be fully vested in plan benefits upon
reaching normal retirement age.
4. A provision requiring plan members who separate from city employment to make a
written request for a return of member contributions.
5. A provision stating that the DROP plan shall be treated as a defined contribution plan for
the purpose of applying maximum limits on contributions and additions, to the extent
required by law.
6. A provision incorporating the mandatory requirements of the Uniformed Services
Employment and Reemployment Rights Act (USERRA).
7. A provision stating that the limitation year is the same as the plan year (October 1
through September 30) for the purpose of applying the maximum benefit limit in Section
415 of the lnternal Revenue Code.
8. A provision incorporating the mandatory distribution requirements of the lnternal
Revenue Code.
9. Provisions incorporating the rollover requirements of the lnternal Revenue Code.
ln summary, the proposed amendments satisfy the IRS requirements for plan qualification.
While public employers that sponsor retirement plans are not required to apply for a
determination letter, receiving a favorable determination letter provides documentation that the
plan satisfies the applicable qualification standards.
There are several legal and practical advantages to obtaining a determination letter. One legal
advantage is that an IRS determination letter provides a definitive analysis of whether a plan is
qualified. lt also provides the basis for retroactive relief if the Service later changes its position.
One practical advantage of obtaining a determination letter is that the City's auditors will be less
likely to question the qualified status of the Plan.
We have prepared an ordinance incorporating the IRC compliance amendments. The
amendments are technical in nature, and according to the attached actuarial impact statement
dated September 14,2015, "... based upon the actuarial assumptions and methods employed
in the October 1,2014 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance
under the State minimum funding requirements.".
435
City Commission Memorandum
October '14,2015
Firefighters and Police Pension Plan
Page 3 of 3
RECOMMENDATION
Adoption of the ordinance is recommended.
Attachments
JLM/MT/SC-T
436
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I,
SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE
MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM
FOR DISABILITY AND RETIREMENT OF MEMBERS OF
POLICE AND FIRE DEPARTMENTS',; AMENDING THE
PENSION SYSTEM TO COMPLY WITH APPLICABLE
PROVISIONS OF THE INTERNAL REVENUE CODE AND
REGULATIONS THERE,UNDER; AMENDING SECTION 62,
ENTITLED "DEFINITIONS',; AMENDING SECTION 63,
ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION
OF LIABILITY; USE AND INVESTMENT OF FUND,,;
AMENDING SECTION 66, ENTITLED "SERVICE AND
DISABILITY BENEFITS GENERALLY',; AMENDING SECTION
70, ENTITLED ..RETURN OF CONTRIBUTION,,; AMENDING
SECTION 79, ENTITLED *DEFERRED RETIREMENT OPTION
PLAN,,; AMENDING SECTION 82, ENTITLED "MILITARY
SERVICE,,; AMENDING SECTION 83, ENTITLED
*LIMITATIONS ON BENEFITS;,' AMENDING SECTION 84,
ENTITLED "DISTRIBUTION LIMITATION,,; AMENDING
SECTION 85, ENTITLED "DISTRIBUTION TO RETIREMENT
PLAN''; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. Effective September 30, 2013, Section 62 of Part 1, Subpart B, Article IX,
Related Special Acts of the Miami Beach City Code, is amended to read:
Section 62. Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Actuarial Assumptions (for the calculation of optional forms of benefits) means the
following interest rates compounded annually:
(a) 8.5% for plan ),ears prior to October 1. 2009: 8.4% effective for the plan year beginning
October 1. 2009; 8.3% effective for the plan year beginning October 1. 2010: 8.2%o
effective for the plan vear beginnine October 1.2011; 8.10% effective for the plan vear
437
2013 and October 1. 2014:
(.b) 7.95% effective for the plan year beginning October 1" 2015; 7.90% effective for the
plan ),ear beeinning October 1. 20161 7.85% effective for the plan year beginning October
1. 2017: 7.80% effective for the plan year beginnine October 1" 2018: and 7.75% effective
for the plan year beginning October l. 2019.
Actuarial Assumptions (.for the calctilation of optional forms of beneffis\ also means the
following mortality tables :
a) for to October 1 Annuit
Table: for plan ),ears besinning on October 1.2010 and October 1.2011: for Pre-
Retirement Mortalit), the RP-2000 Combined Mortality Table with a blue collar
iustment- for the RP-ined Mortalitv Ta
with a blue collar adjustment. and for Post-Retirement Disabled Mortality the RP-2000
Combined Mortality Table;
(b) for plan )zears beeinning on and after October 1. 2012: for Pre-Retirement Mortality the
RP-2000 Combined Mortalitlz Table with a blue collar adjustment projected 15 years from
valuation date. for Post-Retirement Healthy Mortality the RP-2000 Combined Mortality
Table with a blue collar adjustment projected 7 years from valuation date. and for Post-
irement Disab -2000 Combi . For ou
determinins the period that benefits are paid to a widow or widower who was maried to a
deceased member for less than ten )rears. the 1994 Life Expectancy Table shall be used.
Section 2. Section 63 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 63.
fund.
Source of moneys for fund; computation of liability; use and investment of
(b) Each member of this System hired before September 30,2013 shall contribute 10% of
his Salary to the Fund. Each member of this System hired on or after September 30,
2013 shall contribute 10.5% of his Salary to the Fund. The City shall, solely for
purposes of complying with section 414(h) of the Internal Revenue Code, pick up
contributions required to be made by the members under this System. The
contributions so picked up shall be treated as employer contributions for purposes of
determining their tax treatment under the Intemal Revenue Code. No employee shall
438
havine them paid by the city to the System.
have the receive the con instead
Section 3. Section 66.1 of Part 1, Subpart B,
Miami Beach City Code, is amended to read:
Article IX, Related Special Acts of the
Section 66.1 Normal form of benefit; benefit options.
(e) Upon attairunent of normal retirement age. as described herein. the member shall be
fullv vested in the benefits under the Svstem.
Section 4. Section 70 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 70. - Return of contribution.
(a) Except as provided in subsections (b) and (c) of this section, whenever any member
in the service of either the fire or police department shall sever his connection with such
department either voluntarily or by lawful discharge, or by death not attributed to his active
duties prior to the completion of five years of membership in the department, or by death
in active service after the completion of five years of membership in the department
leaving no Surviving Spouse, Domestic Partner, children or Dependent Parents entitled to
pension benefits under this System, such member or his estate shall be entitled to the return
of all the moneys he has contributed into this System, together with accumulated interest
on the sum, at the rate of three percent per annum, computed until date of payment to the
member or his estate, unless in the event of discharge or voluntary severance such member
has at that time qualified under the terms of this System for a pension from the System.
No payment shall be made under this paragraph to a member unless the member has made
a written request for the pa)rment in the form and manner determined by the Board.
Section 5. Section 79 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 79. - Deferred Retirement Option Plan (DROP).
(l) Compliance with Internal Revenue Code Section 414(k) and 414(i). To the extent
uired under the Internal Revenue Code, the DROP shall be treated as a
contribution plan to the extent that the member's benefits under the System are based on
the member's DROP account. The amount of "annual additions" (as such term is defined
439
in Section 415(cX2) of the Internal Revenue Code and Treasury Regulations $1.415(c)-
1(b)) which mav be allocated under the DROP to a member's DROP aclaqlLfol 4
"limitation lrear" may not exceed the maximum permissible amount under Section
415(cX1) of the Internal Revenue Code and Treasury Regulations $1.415(c)-l(aXl) (the
"Annual Maximum Amount"). In addition. for purposes of determining a member's
Amual Maximum Amount. the member's compensation shall be determined in compliance
with Treasury Regulations $ 1.4 1 5(c)-2.
Section 6. Section 82 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 82. - Military service.
(c) Notwithstanding any provision of this plan to the contrary. effective as of
December 12. 1994. contributions. benefits and service credit with respect to qualified
military service will be provided in accordance with Section 414(u) of the Internal
Revenue Code of 1986. as amended. and USERRA. as applicable.
Section 7. Section 83 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 83. - Limitations on benefits.
(a) In addition to the other limitations set forth in this System and notwithstanding any
other provision of the System to the contrary, the maximum annual pension payable under
the System shall not increase to an amount in excess of the amount permitted under section
415 of the Internal Revenue Code, with such limitation specifically subject to subsections
(F), (G) and (I) of section 415(bX2) of the Internal Revenue Code and sections 415(bX11),
415(kX3) and 415(n) of said Code. The limitation year shall be the 12 month period
ending each September 30.
Section 8. Section 84 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 84. - Distribution limitation.
Notwithstanding any other provision of this System, all distributions from this System
shall conformto sectiona0l(aX9) of the Internal Revenue Code in general andto section
a01(a)(9)(C) of the Internal Revenue Code in particular. Notwithstanding any other
provision of this plan to the contrary. a form of retirement income payable from this plan
shall satisfy the followine conditions:
(a) If the retirement income is payable before the member's death:
440
(1) It shall either be distributed or commence to the member not later than April 1
age 70 1/2 . or the calendar year in which the member retires;
r of the cal in which the
distribution later t defi
and (a) shall be paid over the life of the member or over the lifetimes of the member and
's desi b) shal r the oeriod
retirement wit
hasmemberentire in tir
be
been
remalnln interest
of dist in effect at the ti
in the
in
stri
ll be within five
's death butdi with the
1) The ber's
designated benefi ciary:
of the
rvivins S sole desi iarv- in whi
distribution need not begin before the date on which the member would have attained age
Y, and if the member'the distributi
ins. this lied as if
Section 9. Section 85 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 85. - Distribution to retirement plan.
(a) Election by distributee. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of this article to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in
the manner prescribed by the Board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(b) Definitions. The following words, terms and phrases, when used in this subsection,
shall have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
the
member' s desi gnated beneficiary: and
J
441
l. Direct rollover means a payment by the System to the eligible retirement plan
specified by the distributee. Effective as of Januar)' 1. 2008. a non-spouse Beneficiary
ma), make a direct rollover onllu to an "inherited" individual retirement account as
described in Section 408(b) of the Internal Revenue Code.
2. Distributee includes an employee or former employee. In addition, the
employee's or former employee's $urviving Sspouse or domestic partner is a distributee
with regard to the interest of the Surviving $spouse or domestic partner. Effective as of
January 1" 2008. an Emplolzee's or former Employee's non-spouse Beneficiary is a
distributee with regard to the interest of the Employee of former Employee.
3. Eligible retirement plan means an individual retirement account described in
section a08(a) of the Intemal Revenue Code, an individual retirement annuity described in
section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of
the Intemal Revenue Code, or a qualified trust described in section a01(a) of the Internal
Revenue Code, that accepts the distributee's eligible rollover distribution. ++or#ever-in+he
annr*i+y, Effective for distributions made after December 31. 2001. an eligible retirement
annuitv co b) of
Revenue Code and an elisible plan under Section 457(b) of the Internal Revenue Code
which is maintained by a state" political subdivision of a state" or any aeency or
instrumentalitv of a state or political subdivision of a state and which aerees to separately
account for amounts transferred into such plan from this Plan.
4. Eligible rollover distribution means any distribution of all or any portion of the
balance to the credit of the distributee; except that an eligible rollover distribution does not
include any distribution that is one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life expectancy) of the distributee or the
joint lives (or joint life expectancies) of the distributee and the distributee's designated
beneficiary, or for a specified period of ten years or more; any distribution to the extent
such distribution is required under section a01(a)(9) of the Internal Revenue Code; and the
portion of any distribution that is not includable in gross income.
Section 10. Conflicts and Severability.
(a) All Ordinances, and parts of ordinances, in conflict herewith shall be and
the same, are hereby repealed.
(b) In the event any article, section, paragraph, sentence, clause, or phrase of
this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in
no manner affect the other articles, sections, paragraphs, sentences, clauses or phrases of
this Ordinance, which shall be and remain in full force and effect as fully as if the item so
adjudged invalid or unconstitutional was not originally apart hereof.
Section 11. Codification. This Ordinance shall be codified in the Code of Ordinances of
442
the City of Miami Beach.
Section 12. Effective date. This Ordinance shall take effect ten days following adoption,
except as otherwise specified herein.
PASSED and ADOPTED by the City Commission of the City of Miami Beach this
day of 2015.
PHILIP LEVINE
MAYOR
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
(Sponsored by Commissioner-)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Edrs
Dote
443
dt
*-
IIITERNAIJ RE\IENI,E SERVICE
P. O. BOX 2508
CINCIN!{ATI, OH 452OL
DaEe: JAN29?014
CITY OF MIAI{I BEACHc/o BrRE AlrD porrrcE pBIsroN oFFrcE
1591 Ii4[CEIGAIiI A1IE STE 355
I{IAIYII BEACII, FTJ 33139
rD# 95048
Plan Narne;' CIIY PENSIO}I FOR FIREFIGITTERS &
POIJICE IN ITTE CITY OT'MIAMI BEACS
Plarx lilunber: 001.
Dear Applicant:
I{e have made a favorable determ:inatiou on the pJ-an ideutLtled above baaedon the Lnformatlon. you have supplied. Please keep thia letter, the a;rpllcaeionforms Eubmitted to reguest this letter and all correspoudence wLth Ebe laternal
Revenue Service regardlag your appllcation for a determLnation letter iu your
permaretrt, recorde. You must retal-n tble idormation to preserve your reli.anceou tbie ].etter.
cotrtinued quallfication of the pJ-an under 3-ts preeent form wl1I depeadou its effect, la operatioa. See eectioa 1.40i.-1(b) (3) of tbe lDcome TaxRegulatlonE. we wl1l revLew tbe Btatus of tbe plan i"u operation perlodlcal-Ly.
'Xhe enclosed PublicatLon ?94 explaias tbe Eigtrificance and the scope oftbiE f,avorable determLnatlon letter based on the determllrat,J.on request,e
EeLected on your application for:rre. PublLcaLioo.794 deacrlbes tbe Lnformationthat muet be retalned to bave reliance on tbis favorable deterrrination letter.llbe publ-icattou al-so prov5.des examples of the effect of a pIa'rrs operatlon oalte gualifLed etatus and diesusaes tbe reporting regulremeotss for qual.J-f,iedplane. PIeaEe read Itrblicatiou 794.
Ihl.s letter relates only to tbe atatus of your plan r:nder the Internal
Revelrue Code, It ie not, a determinatiou regiardiag the effeet of other federalor local atatutes.
ThLs determiuation letter givee no reliance for any qualificatiou changethat becomes effectLve, Errry guidance published, or arry atatutea enacted, aftertbe,iseuince of the Cumulative Iriat (unless the Ltem bae beeu ideutified in the
Curmrlat,ive IiEt) for Ehe cycle under which this application wae eubmitted,.
llhls Letter may not be relied on after Ehe end of the plan's first
fLve-year remedlal ameudmenE cycle tbat ends more than 12 monebs after tbeapplicatioo rias received,. ThiE Letter ergrirea otr ifanuarl, 3L, 20L4. This letter
coneLdered the 2007 Cumrlative LLEt ot Changes ln Btan Quallfication
Reguiremeut,e.
Thls determlaatLoa ie eubJect to your ad,option of the proposed aneudmenus
ATTACHMENT
DEPARTMETiIT OF THE TREASI'RY
Errqlloyer ldentif ication Nr:mber :
s9-6000372
DIiN:
209053011
Peraon to Coatact:
RTIIE CEE![
Contact TeJ.ephone Nudber:
1626) 927-1423
IJetter 2oo2 (Do/ccl
444
-2-
CIEY OF MIAMI BEACH
subrnitted in your letter dated. 7-29-L3. The prolrceed amendments
sbould. be adoBted on or before the dat,e preecribed by tbe reguJ.atlone rmder
Code secE,ion 401(b).
Th16 determination is condLtloned. upon your adoptLon of the propoeed.
re8tated, plen aB submitted with your or your repreeentat,lveta letter dated2-23-lL. Tbe propOsed plan should be adopted oa or before thedate preacribed by the regulatlons uoder Code section 401(b).
Tbie determi.sation letter is baEed aolely on your assertion that tbe planls eggitled to be treated as a cioveramenta]- plan r:nder section 414(d) of theIatetraL Reverrue Code.
fllie determlDatLon Ietler ie applLcable to the plarr and related docnmeutesubmitted in conjr:nction wLth your applJ.catlon flled during the remedial
amendment cycl.e ending zoo9.
:flris te uot a determlaat,ion with reapect to a.uy language in the plan orany amendment to the Plan that refLects gectl-on 3 of the Ddfeuse of lrlarrLageAct, Pub. rJ, 104-199. 110 8eat, 2419 (DOI[A) or U.S. v. Irlindeor, 133 S. CL. 2575(2013), whicb lanral.idated tbat sectiolx.
Irye have seat. a copy of thlB letEer to your reBre6eutative ae iadicated irethe Fofi 2848 Power of Attoraey or appointee as ind.l.cated by tshe Form 8821 TaxInf ormat,ion AuthorizaLion.
If you have questions conceroing this natter, pleaee contact the persou
whoee aame a.ad teLephone rnrmber are ehovlrr alrorre.
Slucerel-y,
Enclogures:
Publlcatl-on ?94
G&) €- 3[$-
A:rdrew E. Zuche!:ulanDirector, BP Rullllgs & AgireementB
freEter 2002 (DOICG)
445
/ATTACHMENT
954.-i27.1616 phone
9,i4..52.5.008:l fav
rvn *,.gir briel roede r.comGRSGabriel Roedcr Smith & Company
Constrltants 6< Actu:rries
Orre East llrorvard Blvd.
Suitc .50.5
Ft. I-audcrdale. FL -13301-I 804
September 14,2015
Ms. Donna Brito
Executive Director
City Pension Fund for Firefighters and Police Officers
in the Cify of Miami Beach
1691 Michigan Avenue, Suite 355
Miami Beach, Florida 33139
Re: Proposed Ordinance No.
Dear Donna:
As requested, we have performed an actuarial review of the attached proposed Ordinance
under the City Pension Fund for Firefighters and Police Officers in the City of Miami
Beach.
Based upon our review, the proposed Ordinance:
Adds definition of Actuarial Assumptions for determining actuarial equivalence
Clarifies Member contributions picked-up by the City may not be paid directly to
Members
clarifies Members are fully vested upon attainment of normal retirement age
Provides requirement that Members who separate from emplolrnent make written
request for a refi.urd of Member contributions
Clarifies treatment of Deferred Retirement Option Plan (DROP) under the Internal
Revenue Code (IRC)
6. lncorporates requirements of the uniformed Services Employment and
Reemployment Rights Act (USERRA) under the IRC7. Provides the limitation year is the fiscal year ending September 30e for purposes
of applying the maximum benefit limits underthe IRC8. Provides minimum distribution requirements of the IRC9. Provides rollover requirements under the IRC
10. Repeals all ordinances and parts of ordinances in conflict herewith
I l. Provides for severability
12. Provides for codification
13. Provides for an effective date
In our opinion, based upon the actuarial assumptions and methods employed in the October
1,2014 Actuarial Valuation, the proposed Ordinance is ano cosl Ordinance under State
minimum flmding requirements.
l.
2.
3.
4.
5.
446
Ms. Donna Brito
September 14,2015
Page Two
Please forward a copy of the Ordinance upon passage at second reading to update our
records.
We are available to respond to any questions concerning the above.
Sincerest regards,
\9 d-r , \ t/X 3 Ll .{,,'\r
Lawrence F. Wilson, A.S.A.
Senior Consultant and Actuary
Enclosure
Gabriel Roeder Smirh Sc Company
447
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448
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading Of An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled "Environment," By Amending Article
lll, Entitled "Litter," By Amending Division 1, Entitled "Generally," By Amending Section 46-921o Amend The
Enforcement And Penalty Provisions For Violations Of Subsections (B), (C), (D), And (E), By lncreasing
Penalties For Violations Of Subsections (B), (C), (D), And (E), And lmposing Criminal Penalties For Violations
Of Subsection (B) On Beaches, Parks, Marinas, Piers, Docks, and Boat Ramps; To Amend Provisions ln
Subsections (L)And (M) Regarding Appeals From Violations; And To Amend The Provisions ln Subsection (M)
Regarding Liens For Unpaid Fines; And Providing For Repealer, Severability, Codification, And An Effective
Date.
Enhance the Environmental Sustainability of the Commun
Data (Su Environmental Scan, etc.): N/A
Item Summary/Recommendation :
SECOND READING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterways, including the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide
variety of flora and fauna. The environmental impact of litter is particularly harmful on the City's beaches, parks,
marinas, piers, docks, and boat ramps, because of the likelihood of litter entering the City's canals and
watenruays, as well as the Atlantic Ocean and Biscayne Bay Aquatic Preserve. Debris floating in urban
waterurays and concentrated along the banks of our waterways and beaches also has social impacts.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to increase the fines
and penalties for violations related to litter. The intent of these proposed increases is to change negative
behavior and deter future violations in order to safeguard and improve the environment and community well-
being Pursuant to the request of the City Commission at its meeting on September 2,2015, Staff has developed
two alternatives, in addition to the Ordinance passed on first reading, for the enforcement and penalty
provisions of Section 46-92. Specifically, the City Commission requested alternatives for the enforcement and
penalty provisions relating to litter violations that take place on a beach or park within the City, or on a City
marina, pier, dock, or boat ramp. Option A is the original proposed Ordinance, which the City Commission
adopted on first reading, at its meeting on September 2,2015. Options B and C are described below.
Option B: For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civil fines and penalties would be as follows: First offense within a 12-month period: $1 ,500.00
civilfine; Second offense within a 12-month period: $2,500.00 civilfine; and, a third or subsequent offense
within a 12-month period shall be a second degree misdemeanor punishable by imposition of a fine not to
exceed $500.00, or by imprisonment not to exceed 60 days, or both. Option C: For litter violations that take
place on a beach or park within the City, or on a city marina, pier, dock, or boat ramp, the civil fines would be as
follows: First offense within a 12-month period: $1 ,500.00 civil fine; Second offense within a 12-month period:
$2,500.00 civilfine; and Third or subsequent offense within a 12-month period: $3,500.00 civilfine.
The proposed Ordinance has been referred by Commissioner Michael Grieco. The Administration recommends
that the City Commission review the three proposed Enhanced Litter Fines Ordinance options and determine
which. if anv to
Financial I nformation :
Source of
Funds:
Amount Account
1
OBPI Total
Sign-Offs:
iltnoo rrEm RsD
Assistant Citv Manaoer Gity Mr raqer
SMT V/rf JLM z
doc
E MIAMIBEACH oare lo-l Y-l f449
g MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015 D READING - PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF
THE CITY OF MIAM! BEACH, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE I!I, ENTITLED "LITTER," BYAMENDING DIVISION 1, ENTITLED..GENERALLY,'' BY AMENDING SECTION 46.92 TO AMEND THE
ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF
SUBSECT|ONS (B), (C), (D), AND (E), By INCREASTNG PENALTIES FOR
vtoLATtoNS oF SUBSECTIONS (B), (C), (D), AND (E), AND IMPOSING
CRTMTNAL PENALTTES FOR VTOLATTONS OF SUBSECTTON (B) ON
BEACHES, PARKS, MARINAS, PIERS, DOCKS, AND BOAT RAMPS; TO
AMEND PROVTSTONS tN SUBSECTTONS (L) AND (M) REGARDTNG
APPEALS FROM VIOLATIONS; AND TO AMEND THE PROVISIONS tN
SUBSECTION (M) REGARDING LIENS FOR UNPAID FINES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve the Ordinance on second
reading.
BACKGROUND
On September 2,2015, the City Commission passed this Ordinance on first reading. The City
Commission requested that alternative enforcement options be presented at the next meeting,
specifically with regard to litter violations that take place on a beach or park within the City, or on a
City marina, pier, dock, or boat ramp.
The waters surrounding the City support a wide variety of flora and fauna. The impact of litter and
chemicals in the watenruays on marine life can be devastating. Forexample, plastic bags and plastic
wrap can asphyxiate marine animals and fish. Trash, such as cigarettes and silicon packets, can
also make animals sick or kill them. As such, it is especially critical that the City limit pollutants from
entering its vast system of interconnected waterways and sensitive marine habitats.
Pollution from litter, which includes debris floating in urban waterways and concentrated along the
banks of our watenruays and beaches, has significant social impacts. Accumulated litter can clog
stormwater drains and cause flooding in the urban environment. Visible litter also reduces the visual
450
Enhanced Litter Fines Ordinance Memo - Second Reading
October 14,2015
Page 2 of 3
attractiveness of our City, degrades the quality of life for our residents and visitors, and reduces the
recreational value of our natural environment. lt decreases the desirability of our neighborhoods,
which can reduce property values and result in economic decay. Economic decay is associated with
apathy and crime, which in turn, decreases the overall quality of life in the community.
The City has taken a number of steps to reduce litter including restricting the sale and use of
polystyrene products; prohibiting litter in all public areas; prohibiting the use of glass or metal bottles
on our beaches, marinas, piers, docks, boat ramps and in parks; requiring that restaurants have
garbage containers that are maintained in a clean and sanitary condition; and, prohibiting the use of
leaf blowers to sweep litter onto public property.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to
increase the fines and penalties for violations related to litter. The intent of these proposed
increases in fines and penalties is to discourage negative behavior in order to improve and protect
the City's environment and community wellbeing. _
Pursuant to the request of the City Commission at its meeting on September 2,2015, Staff has
developed two alternatives, in addition to the Ordinance passed on first reading, forthe enforcement
and penalty provisions of Section 46-92. Specifically, the City Commission requested alternatives for
the enforcement and penalty provisions relating to litter violations that take place on a beach or park
within the City, or on a City marina, pier, dock, or boat ramp.
The original proposed Ordinance, which the City Commission adopted on first reading on
September 2,2015, is set for second reading on October 14,2015. Alternatives A and B to Section
46-92$) are described below.
Alternative A
For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civil fines and penalties would be as follows:
a. First offense within a 12-month period: $1 ,500.00 civil fine;
b. Second offense within a 12-month period: $2,500.00 civil fine; andc. A third or subsequent offense within a 12-month period shall be a second degree
misdemeanor punishable by imposition of a fine not to exceed $500.00, or by imprisonment
not to exceed 60 days, or both.
Alternative B
For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civilfines would be as follows:
a. First offense within a 12-month period: $1,500.00 civil fine;
b. Second offense within a 12-month period: $2,500.00 civilfine; andc. Third or subsequent offense within a 12-month period: $3,500.00 civil fine.
451
Enhanced Litter Fines Ordinance Memo - Second Reading
October 14,2015
Page 3 of 3
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years)of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. Code Compliance will maintain its current litter enforcement level, and
thus, there will be no need for additional staffing or any additional fiscal impact. The Police
Department has reviewed the Ordinance and determined that there is no fiscal impact to their
department.
CONCLUSION
The Administration recommends that the City Commission review the three proposed Enhanced
Litter Fines Ordinance options and determine which, if any, to adopt.
Attachment: A - Enhanced Litter Fines Ordinance Alternative A
B - Enhanced Litter Fines Ordinance Alternative B
SMT/ESW/NK
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452
ALTERNATIVE "A" FOR SECTION 46.92(f)
SECTION 1. That Section 46-92 of Division 1 of Article lll of Chapter 46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE lll. Litter
DIVISION 1. Genera!!y
***
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; enforcement; appeals; liens.
(0 Penalties for violations. The fottowing * ,,r* and penalties shall be imposed for
violations of this section, except as provided in subsection (h) below:
(1) For violations of subsection (c):
a. First offense within a 12-month period: $5O€O $100.00 civil fine.
(21b. Second offense within a 12-month period: ${€OSO $200.00 civil fine.
(3) c. Third or subsequent offense within a 12-month period: $500.00 civil fine.
(!) For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv, or a Citv marina. pier, dock. or boat ramp. or for violations of
subsections (d) or (e):
a. First offense within a 12-month period: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3,000.00 civil fine.
(Q n*for viotations ot
within the Citv. or on a Citv marina. pier, dock, or boat ramp#
a first ofense witnin
b. SeconO otfense witnl
453
(k)
(t)
e. n tnirO or suOseouen
Oegree misdemeano
SSOO.OO. or Ov imor
(4) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $s3o
$50.00 of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
Removal of litter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. lf Except as to
subsection (fl(3xc) herein, which s a code
compliance otficer (which, as defined in section 70-66, includes a police officer) finds
a violation of this article, such code compliance officer shall issue a notlce of violation
. The notice shall inform the violator of the
nature of the violation, amount of fine for which the violator may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 20 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
F:\ATTO\KALN\ORDINANCES\LitteALitter Ordinance Enforcement and Penalties (October 2015) (Option B).docx
2
454
ALTERNATIVE "B" FOR SECTION 46.92(f)
SECTION 1. That Section 46-92 of Division 1 of Article lll of Chapter 46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; enforcement; appeals; liens.
(0Penaltiesforviolations.Thetottowing.*,..*#*b+shallbeimposedfor
violations of this section. except as provided in subsection (h) below:
(1) Forviolations of subsection (c):
a. First offense within a 12-month period: $5O€0 $100.00 civil fine.
(21b. Second offense within a 12-month period: ${4039 $200.00 civil fine.
(3) c. Third or subsequent offense within a 12-month period: $500.00 civil fine.
(Q For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv. or a Citv marina, oier. dock, or boat ramp. or for violations of
subsections (d) or (e):
a. First offense within a 12-month oeriod: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3,000.00 civil fine.
(3) M of subsection (b) that takes place on a beach or park
within the Citv, or on a Citv marina, pier. dock, or boat ram#
L first otfense witnin
b. SeconO otfense witnl
455
(k)
(l)
e= fnirO or sunseouen
G) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $+90
$50.00 of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
Removal of litter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. lf E<eept==a+:te
lf a code
compliance officer (which. as defined in section 70-66. includes a police officer) finds
a violation of this article, such code compliance officer shall issue a notice of violation
. The notice shall inform the violator of the
nature of the violation, amount of fine for which the violator may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 4 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
F:\ATTO\KALN\ORDINANCES\LitteAlitter Ordinance Enforcement and Penalties (October 2015) (Alternative B).docx
2
456
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MTAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE III, ENTITLED "L!TTER," BY AMENDING
DlvlsloN 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-
92 TO AMEND THE ENFORCEMENT AND PENALry PROVISIONS
FOR VIOLATIONS OF SUBSECTIONS (B), (C), (D), AND (E), BY
INGREASING PENALTIES FOR VIOLATIONS OF SUBSECTIONS (B),
(G), (D), AND (E), AND IMPOSING CRIMINAL PENALTIES FOR
vloLATloNS oF SUBSEGTION (B) ON BEACHES, PARKS,
MARINAS, PIERS, DOCKS, AND BOAT RAMPS; TO AMEND
PROVISIONS lN SUBSECTIONS (L) AND (M) REGARDING APPEALS
FROM VIOLATIONS; AND TO AMEND THE PROVISIONS !N
SUBSECTION (M) REGARDING LIENS FOR UNPAID FINES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City"), a world-renowned tourist destination,
known for its miles of beautiful beaches, declares that it is in the interest of the public health,
safety, and welfare of its residents and visitors to reduce litter and pollutants on the lands and in
the waters of the City, and along its shores and beaches; and
WHEREAS, the City is comprised of a number of islands with approximately 70 miles of
shoreline along numerous canals and waterways, the Atlantic Ocean, and the Biscayne Bay
Aquatic Preserve, all of which support a wide variety of flora and fauna; and
WHEREAS, the visual and sanitary blight caused by litter detracts from the City's quality
of life and negatively impacts the City's residents, visitors, and businesses; and
WHEREAS, the environmental impact of litter is particularly harmful on the City's
beaches, parks, marinas, piers, docks, and boat ramps, because of the likelihood of litter
entering the City's canals and waterways, as well as the Atlantic Ocean and the Biscayne Bay
Aquatic Preserve; and
WHEREAS, litter accumulates in and obstructs the City's stormwater management
infrastructure; and
WHEREAS, Section 46-92 of the City Code prohibits, among other things, littering on
public or private property; carrying glass or metal bottles or containers onto beaches within the
b[y; carrying any expanded polystyrene product onto any beach or park within the City, or onto
any City marina, pier, dock, or boat ramp; the provision of plastic straws by businesses to
pairons on any beach within the City; and the use of leaf blowers or any other means to cause
litter on public or private property; and
WHEREAS, Section 46-92 also requires restaurants with take-out service to have up to
four garbage containers in front of and within 50 feet in each direction of the premises; and
457
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City, by virtue of this Ordinance, will strengthen its litter and environmental
protection laws by increasing penalties for violations of Section 46-92, and imposing criminal
penalties for litter violations on a beach or park within the City, or on a City marina, pier, dock, or
boat ramp; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 46-92 of Division 1 of Article lll of Chapter 46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commerciat handbilt regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; enforcement; appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Benefactor means the owner of the business advertised in the commercial
handbill whose agent, employee, contractor, promoter, or other representative
did or caused the throwing, discarding, placing or depositing'
(2) Busrness means any commercial or industrial activity, entity, or event in or for
which any goods or services are made, sold or offered for sale or other
consideration, pecuniary or otheruvise.
(3) Handbittmeans any handbill, flyer, paper, document, dodger, circular, folder,
booklet, letter, card, pamphlet, sheet, poster, stiCker, banner, notice or other
written, printed or painted matter or object that conveys any information,
except that "handbill" shall not include a newspaper or its contents.
(4) Commercial handbitt means any handbill that conveys any information about
any good or service provided by a business.
(S) Litter means any paper, handbill, commercial handbill, garbage, bottle caps,
chewing gum, tobacco products, including, but not limited to, used and unused
458
(b)
cigarettes, cigars, pipe or chewing tobacco, polystyrene or plastic products, or
other waste, including, but not limited to, tree, plant, and grass cuttings,
leaves, or other yard maintenance debris, that has been placed or deposited
On a publiC Sidewalk, Street, road, avenue, beach, Swale, median, building,
fence, wall, boardwalk, beachwalk, baywalk, cutwalk, park, or in a gutter, drain,
or Sewer, or on any other public property, right-of-way or place, or on any
object located on public property, or on the kneewall, window ledge or sill of
any public or private building, or on a motor vehicle, or on any other type of
private real or personal property. Handbills and commercial handbills attached
to a trash receptacle, but not within the trash receptacle in the usual manner,
shall also be considered litter.
(6) One day means a24-hour period from noon to noon.
(7) Person, benefactor, or owner include, within their respective meanings, either
an individual or an entitY.
(8) Right-of-way means and includes, but is not limited to, any state, county, or
city-owned public street, sidewalk, street corner, curb, bicycle path, or
pedestrian walkwaY.
(g) Potystyrene means a thermoplastic polymer comprised of at least 80 percent
styrene or para-methylstyrene by weight'
(10) Expanded polystyrene means blown polystyrene and expanded and extruded
foams that are thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques including, but not
limited to, fusion of polymer spheres (expandable bead foam), injection
molding, foam molding, and extrusion-blown molding (extruded foam
polystyrene).
Litter prohibited. lt shall be unlavrrful for any person or benefactor to throw, discard,
place or deposit, or cause to be thrown, discarded, placed, or deposited, litter in any
manner or amount whatsoever in or on any public highway, sidewalk, road, street,
alley, thoroughfare, beach, park, baywalk, beachwalk, cutwalk, sidewalk cafe areas,
or any other public place, except in containers or areas laMully provided therefor. lt
shall be unlawful for any person to throw, discard, place or deposit any garbage, cans,
bottles or containers in or on any freshwater lakes, rivers, streams, canals, or tidal or
coastal waters within the city. ln addition, it shall be unlawful for any person to throw,
discard, place or deposit litter in any manner or amount whatsoever on any private
real or personal property, including, but not limited to, sidewalk cafe furniture and
fixtures, unless prior consent of the owner has been given and unless such litter will
not cause a public nuisance or be in violation of any other state or local laws, rules or
regulations.
Prohibitions on beaches, marinas, pierg docks, boat ramps, and in parks. lt shall be
unlavrrful for any person to carry onto any beach within the city a glass or metal bottle
or other glass or metal container. ln addition, it shall be unlawful for any person to
carry any expanded polystyrene product onto any beach or park within the city, or
onto any city marina, pier, dock, or boat ramp, or for any business to provide plastic
(c)
459
(d)
straws with the service or delivery of any beverage to patrons on any beach within the
city.
Prohibitions on causing litter in sewers and on public and private property. lt shall be
unlafful for any person to uSe leaf blowers, or any Other means, to Sweep, caSt or
throw, or cause to be cast or thrown, or discarded into any of the gutters, drains,
sewers, or public rights-of-way within the city, or upon any adjacent public or private
real or personal property, any garbage, litter, paper, handbill, trash, tree, plant, or
grass cuttings, leaves, yard maintenance debris, or other objects or substances.
Garbage container requirements for restaurants. All restaurants with take-out service
shall have up to four garbage containers, aS need requires, based on the
determination of the city manager or his designee. The containers shall be located in
front of and within 50 feet in each direction of the premises at locations approved by
the city manager or his designee. These containers shall be kept in clean and sanitary
condition at all times and shall be emptied daily or more frequently if necessary to
prevent overflowing. The garbage containers required by this section are in addition to
those required by chapter 90 of this Code.
Penalties for viotations. The following eivil fines and penalties shall be imposed for
violations of this section, except as provided in subsection (h) below.
(1) For violations of subsection (c):
a. First offense within a 12-month period: $5OSO $100'00 civil fine.
(21b. Second offense within a 12-month period: $1€OSO $200.00 civil fine.
(Q c. Third or subsequent offense within a 12-month period: $500.00 civilfine.
12 For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv. or a Citv marina, pier. dock, or boat ramp, or for violations of
subsections (d) or (e):
a. First offense within a 12-month period: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3.000.00 civil fine.
131 A violation of subsection (b) that takes place on a beach or park within the Citv. or
on a Citv marina. pier. dock. or boat ramp, shall be a second deoree misdemeanor
punishable bv imposition of a fine not to exceed $500.00, or bv imprisonment not
to exceed 60 davs. or both.
G) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $530
$5O.OO of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
(e)
(0
4
460
(k)
(t)
Removal of titter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. l{ Except as to
subsection (fl(3) herein, which shall be enforced bv the police department. if a code
cornpliance officer (which, as defined in section 70-66. includes a police officer) finds
a violation of this article, such code compliance officer shall issue a notice of violation
. The notice shall inform the violator of the
nature of the violation, amount of fine for which the violator may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 4 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to
appeal.
(1) Aviolatorwho has been served with a civil notice of violation shall electeither
to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special master appe+nbe-gy
to aPPeal
tne
ef+he notice of violation, which hearinq must be requested within ten (10)
davs of service of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections ffi 30-72 and 30-73 of the
City Code.
(3) lf the named vielater after netiee fails te pay the eivil fine er fails te timely
shall be infermed ef sueh failure by repert frem the eede eemplianee efficer,
ianee
The failure to pav the civil fine. or to
timelv request an administrative hearinq before a special master, shall
consiitute a waiver of the violator's right to administrative hearing before the
special master, A waiver ef the righ shall be
treated as an admission of the violation, and for which fines and penalties may
be assessed accordinglY.
(4) Any party aggrieved by the a decision of the special master may appeal the
that decision iM to a court of competent iurisdiction.
(m)
(o
(10) davs of the service of the notice of violation.
The ll be
violation or considerinq the timeliness of a request for an administrative
hearino if the violator has failed to request an administrative hearino within ten
461
(o)
(p)
(n)
1o1 Other than the option to accept voluntary communitv service in lieu ,Qf a civil
fine pursuant to subsection (fl(4), the special master shall not have discretion
to alter the penalties prescribed in subsections (fl(1) or (fl(2).
Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to
compel payment of civilfines.
(Z) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator, e+rd_i+ which may be enforced in the same
manner as a court judgment by the sheriffs of this state, including levy against
the violator's real or personal property, but shall not be deemed to be a court
ludgment except for enforcement purposes.
Three (3) months after the recordinq of any such lien which remains unpaid,
ne city may foreclose or otherwise execute upon the lien, for the amount of
the lien. plus accrued interest.
planning board authority. Nothing in this article shall limit or restrict any condition or
limitation imposed by the planning board.
lnjunctive retief. As an additional means of enforcement, the city may seek injunctive
relief and/or follow procedures to revoke a business tax receipt and/or certificate of
use as set forth in chapters 14, 18 and 102 of the City Code when there are more than
three offenses by the same violator within a calendar year.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SEGTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
sEcfloN 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
6
462
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ' 2015.
PASSED AND ADOPTED this day of-,2015-
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+r*e+nrcugh denotes deletio ns
F:\ATTO\KALN\ORDTNANCES\LitteALitter Ordinance Enforcement and Penalties (september 2015).docx
7
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TO:
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RAUI AGUILA, CITY ATTORNEY
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
RAUL J. AGUILA, CITY ATTORNEY D,3 #,-
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
ocroBER 14,2015
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
VEHICLES,'' BY AMENDING ARTICLE II, 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 SUBSECTTON (B) TO REQUIRE PROPERTY OWNERS
AND BUSINESSES TO CONFIRM COMPLIANCE WITH SUBSECTION
(G) FOR COMMERCTAL MOTOR VEHICLES DELIVERIES AND
SERVICES; BY PROHIBITING DELIVERIES OR SERVICES FOR
COMMERGIAL MOTOR VEHICLES THAT FAIL TO COMPLY WITH
SUBSECTIONS (F) THROUGH (N); BY CREATING A NEW
SUBSECTION (D) AND (E), WHTCH LrMrrS THE AUTHORITY OF THE
SPECIAL MASTER; BY AMENDING THE ENFORCEMENT AND
PENALTY pROVtStONS FOR VTOLATTONS OF SUBSECTIONS (B);
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
Commissioner Michael Grieco has proposed this ordinance amendment, which will require
property owner(s) and business(es) to only accept services or deliveries from commercial motor
vehicles that are in compliance with Section 106-47(9) of the City Code.
The Mayor and City Commission held a first reading of the amendment to the Ordinance on
September 2, 2015. Commissioner Grieco, in response to the discussion of this proposed
legislation, agreed to exclude those commercial motor vehicles that are responsible for
delivering package(s) or parcel(s). The Mayor and City Commission passed the proposed
amendment to the Ordinance, with the amended language that served to exclude those
commercial motor vehicles responsible for package and parcel post deliveries, which are
commonly known as Carrier(s) (e.9., UPS, DHL, USPS and FedEx) of a large variety of goods.
Agenda ltem RSE
ox"-i7V-tT465
Commission Memorandum
Freight Loading Zones - Chapter 106
October 14,2015 Page 2 ot 2
This legislation will require property owner(s) and business(es) to be legally obligated and
responsible for confirming that the operator/driver of the commercial motor vehicle has complied
with those permit requirements setforth within Sections 106-47(t) through (n) of the City Code.
A property owner or business that accepts services or deliveries from an operator/driver of a
commercial motor vehicle that violates subsections (f) through (n), will result in the direct
enforcement action against the property owner or business.
Further, this Ordinance will serve to establish those legal requirements upon a property owner
and business for the acceptance of services and deliveries from commercial motor vehicle
operators/drivers that violate the requirements of the City code, and will serve to prohibit the
dangerous conditions created by commercial motor vehicles obstructing the vehicular lanes of
traffic in violation of Sections 106-47 (f) through (n).
It is anticipated that there will be minimal fiscal impact surrounding the enforcement of this
legislation.
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ORDINANCE TO BE SUBMITTED
468
R5 - Ordinances
RsF An Ordinance Amending Chapter 142 Of The Miami Beach City Code, Entitled "Zoning
Districts And Regulations," By Amending Article lV, Entitled "Supplementary District
Regulations"; By Amending Division 3, Entitled "Supplementary Use Regulations"; By
Amending Subsection (5), To Require Transient Guest(s) Or Occupant(s) To Register At
The Suite Hotel; Providing For Codification, Repealer, Severability, And An Effective
Date.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on September 2,2015 - RsP)
(ltem to be Submitted in Supplemental)
Agenda ttem RSF
oate l|'lU-lY469
THIS PAGE INTENTIONALLY LEFT BLANK
470
Condensed Title:
Ordinance Amending Chapter 90, Entitled "Solid Waste," By Amending Article ll, Entitled
"Administration," By Amending Section 90-39 Thereof, Entitled "Fine Schedule For Violations
lssued And Applied To Owners, Agents, Tenants, Occupants, Operators Or Managers, Or
Persons For The Violation," To Amend The Fine Schedules Therein.
COMMISSION ITEM SUMMARY
Item Summary/Recommendation :
SECOND READING
This is a request regarding proposed amendments of Chapter 90, Subsection 39 of the City
of Miami Beach Code of Ordinances, pertaining to Solid Waste violations. The request is
sponsored by Commissioner Deede Weithorn.
Research reflects that a number of solid waste violations in Chapter 90 of the City of Miami
Beach Code have not been amended for a number of years; and in some instances,
decades. Thus, the Administration recommends that solid waste fines, which include but are
not limited to the illegal disposal of biohazardous and/or hazardous waste (currently at $250
for first offense) be increased to $1,000.00; or that the illegal disposal of garbage, trash,
and/or industrial waste (currently at $50 for first offense) be increased to $200.00. The
objective is to significantly increase the fines in order to create a financial deterrent. The
Commission requested that fines be quadrupled from the current fine schedule.
At First Reading on September 2,2015, Commissioner Deede Weithorn and Commissioner
Joy Malakoff both reflected how the proposed fine schedules were still too low, that some
businesses view the sanitation fines as part of their operational costs. Both Commissioners
reflected that in order to influence a change in behavior, the fines needed to be a true
deterrent and required to be higher. The proposed ordinance was adopted at First Reading
with an amendment to double the fines that were originally proposed. The Administration
recommends that the City Commission approve the Ordinance at Second Reading.
Strengthen internal controls to achieve more accountability.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
N/A
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: No fiscal impact is anticipated.
Code Compliance Department
T:\AGENDA\201 S\Oclober\CODE Summary Solid Waste - Second
aoYruon rrEM FS6-MIAMIBEACH olr;e lo'lY-l{471
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City of lrtiomi Beoch, I700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Mem of the C Commission
r--. --.i!'I/--
FRoM: Jimmy L. Morales, City
DATE: October 14,2015 SECOND READING - PUBLIC HEARING
SUBJECT: Chapter 90 Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE II,
ENTITLED "ADMINISTRATION," BY AMENDING SECTION 90.39 THEREOF,
ENTITLED "FINE SCHEDULE FOR VIOLATIONS ISSUED AND APPLIED TO
OWNERS, AGENTS, TENANTS, OCCUPANTS, OPERATORS OR MANAGERS, OR
PERSONS RESPONSIBLE FOR THE VIOLATION," TO AMEND THE FINE
SCHEDULES THEREIN; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends the approval of the Ordinance at Second Reading.
BACKGROUND
This is a request regarding the proposed amendment of Chapter 90, Subsection 39 of the City
of Miami Beach Ordinances, pertaining to the increase in civil fines for Solid Waste violations.
The request is sponsored by Commissioner Deedee Weithorn.
Research reflects that a number of solid waste violations in Chapter 90 of the City of Miami
Beach Code have not been amended for a number of years; and in some instances, decades.
Thus, the Administration recommends that solid waste fines, which include but are not limited to
the illegal disposal of biohazardous and/or hazardous waste (currently at $250 for first offense)
be increased to $1,000.00; or that the illegal disposal of garbage, trash, and/or industrial waste
(currently at $50 for first offense) be increased to $200.00. The objective is to significantly
increase the fines in order to create a financial deterrent. The Commission requested that fines
be quadrupled from the current fine schedule.
At First Reading on September 2, 2015, Commissioner Deede Weithorn and Commissioner Joy
Malakoff both reflected how the proposed fine schedules were still too low, that some
businesses view the sanitation fines as part of their operational costs. Both Commissioners
reflected that in order to influence a change in behavior, the fines needed to be a true deterrent
and required to be higher. The proposed ordinance was adopted at First Reading with an
amendment to double the fines that were originally proposed.
472
Commission Memorandum
Chapter 90 Amendment - Second Reading
October 14, 2015 Page 2 of 2
FISCAL IMPACT
The amendment will have no financial impact on departments that address Solid Waste related
issues and code violations.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at Second
Reading. ,
;;""W-"^fr
T:\AGENDA\201S\October\CODE COMPLIANCE\Solid Waste - Amendment to Fine Schedule - Second Reading.docx
473
ORDINANCE NO.
AN ORDTNANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE II,
ENTITLED ..ADMINISTRATION," BY AMENDING SECTION 90.
39 THEREOF, ENTITLED "FINE SCHEDULE FOR VIOLATIONS
ISSUED AND APPLIED TO OWNERS, AGENTS, TENANTS,
OCCUPANTS, OPERATORS OR MANAGERS, OR PERSONS
RESPONSIBLE FOR THE VIOLATION," TO AMEND THE FINE
SCHEDULES THEREIN; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City"), because of overriding public health,
safety, and welfare considerations, retains regulatory authority over solid waste collection and
disposal; and
WHEREAS, the provisions of Chapter 90 of the City Code are intended to ensure that
solid waste collection and disposal in the City is efficient and responsive to public complaints,
and that the public convenience, aesthetic and environmental considerations, and the public
investment in right-of-way property are protected, and
WHEREAS, Section 90-39 sets forth a fine schedule for, among other things, solid
waste violations or accumulations of solid waste that create a health hazard, environmental
hazard, ornuisance; the illegal disposal of garbage, trash, industrial and bulkywaste; the illegal
disposal of garden trash, tree, and shrubbery trash and/or special handling trash; and the illegal
disposal of biohazardous and/or hazardous waste; and
WHEREAS, Section 90-39 also sets forth fines for the following violations of Chapter 90:
the presence of garbage facilities on public property without a permit; open lids on garbage
facilities; garbage facilities with insufficient capacity; an insufficient frequency of garbage
collection; overloaded garbage facilities; a lack of or deterioration of garbage facilities; and the
presence of garbage or miscellaneous trash around garbage facilities; and
WHEREAS, an increase in the fine schedule is necessary to deter future violations and
protect the public health, safety, and welfare; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article ll of Chapter 90 of the Code of the City Miami Beach is hereby
amended as follows:
474
GHAPTER 90
soLrD yorr:
ARTICLE II. ADMINISTRATION
Sec. 90-39. Fine schedule for riol"tion" i""r"O
"nO "ppli"d to owners, agents, tenants,
occupants, operators or managers, or persons responsible for the violation.
Fine
(a) Violation(s) of section 90-36: A solid waste violation or
accumulation of solid waste that creates a health hazard,
environmental hazard or nuisance:
a. First offense ..... ${€0,0O $€€€€g $rc0000
b. Second or subsequent offense ..... 200€0 $1# $2J00O0
(b) Violations of sections 90-96, 90-97 and 90-98:
(1) Garbage facilities on public property without a
permit:
a. First offense per qarbaqe facilitv ..... $5+eO $4€g€g $200-00
b. Second or subsequent offense per
oarbaoe facilitv ..... {€OSg $5eg€g 9L000-00
Fine for
failure to
correct in
specified time
after notice
(2) Dumpsters located and kept on front yard or side
yard facing street (corner lots) ..... $50SO $4€e€O $200-00
(3) Dumpsters not kept in approved garbage
storage facility ..... 5g€g ${€€€g $200-00
(4) Owners; occupants; or operator or managers
without garbage collection service where
required by this chapter (private or city) ..... {€0.€O $39€€8 $400-00
(5) lndividual properties with different ownerships
sharing the same service, with or without consent,
per owner ..... {€0SO $2€€€g $400,00
475
(c)Violations of secfions 90-99 and 90-100:
(1) Open lid on garbage facility(ies) .....
(2) lnsufficient garbage facility(ies) capacity .....
(3) lnsufficient frequency of garbage collection .....
(4) Overloaded garbage facility(ies) .....
(5) Lack of/or deteriorated garbage facility(ies) .....
(6) Garbage or miscellaneous trash around garbage
facility(ies) .....
Viol ations of section s 90-1 00-90-1 05:
(1) lllegal disposal of garbage, trash, industrial and bulky waste:
a. First offense .....
b. Second or subsequent offense .....
(3)
Fine
$25sg $€€€s $l_00-00
50€o $4€€€s $200x0
50ss $4€€€s $200-00
50ss $4€€+s $200_00
50se $4€€€s $200-00
50€e $44p€s $200_00
$50,00 $m $50000
100€0 $€€g€g $1.000.00
50€o$e€€€e$500x0
{€o€o $Ee€+s s1.000.00
250€0 $4# $2.000.00
1-00040 s+€€€€g $4i00_00
(d)
(2)lllegal disposal of garden trash, tree and shrubbery trash and/or special handling
trash:
SEGTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
remainder shall not be affected by such invalidity.
476
SECTION 4. 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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the
PASSED AND ADOPTED this
day of 2015.
day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions
S*it<e+n+eugh denotes deletio ns
Double-unrlerline denotes additions after First Reading
W denotes deletions after First Reading
APPHo)\GDASTO
FORM & LANGUAGE
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4
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478
COMMISSION ITEM SUMMARY
Second Reoding
Condensed Title:
AMENDINGcHAPTER50oFTHEMlAM|BEAcHclTYcoDE,errlr[ffi
PROTECTION,'' SECTION 50.8(h) ENTITLED "FIRE ALARMS, REGULATIONS, PENALTIES, ENFORCEMENT" TO
CORRECT A SCRIVENER'S ERROR REPLACING "FIRE INSPECTOR" WITH "FIRE DEPARTMENT" AS THE ENTITY
ALLOWED TO ISSUE FALSE ALARM CITATIONS
lmprove Building/Development related processes from single family residences to the large
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item S ummary/Recommendation :
On September 30, 2013, the City Commission approved Ordinance 2013-3815, on second reading
setting fines for Fiscal Year 2013114 and created chapter 50 of the Code of Miami Beach, relating to
Fire Protection and Enforcement of the City's false fire alarm code.
The Miami Beach Fire Department responds to all fire alarms initiated electronically by any building
fire alarm system. The initial response consists of an engine company or ladder company and up to
including a full alarm assignment. On many occasions, these fire alarms are determined to be false
fire alarms where there was no fire and no emergency. This is attributed mainly to poorly maintained
fire alarm systems that generate a false alarm signal. When the fire department responds to a false
fire alarm, resources are utilized when no emergency exists. This scenario can cause a delay to an
actual fire emergency occurring somewhere else in the city.
A false fire alarm is defined as a signal from a fire alarm system that elicits a response by the Fire
Department when no actual or threatened fire-related emergency exists. Before the creation of
section 50-8 (h), the code did not include provisions for enforcing false fire alarms with a citation and
fines. However, it was recently noted that the Ordinance contained a scrivener's error in Chapter 50,
section 50-8 (h) of the code.
The scrivener's error must be corrected in the City of Miami Beach code by amending the Ordinance.
Section 50-8, relating to enforcement of the false fire alarm code provisions indicated, in a scrivener's
error, that the Fire lnspector would enforce the code, and should have indicated that the Fire
Department would enforce the code and issue citations for violations.
Recommendation:
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: N/A
lative Trackin
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City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI ON MEMORANDUM
SECOND READING
Mayor Philip Levine and Members o the City ommrssron
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: AN ORDINANCE OF THE YOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50 OF THE
MIAMI BEACH CITY CODE, ENTITLED "FIRE PREVENTION AND
PROTECTION," SECTTON 50-g(h) ENTTTLED ,,FtRE ALARMS,
REGULATIONS, PENALTIES, ENFORCEMENT" TO CORRECT A
SCRIVENER'S ERROR REPLACING ..FIRE INSPECTOR" WITH "FIRE
DEPARTMENT" AS THE ENTITY ALLOWED TO ISSUE FALSE ALARM
CITATIONS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the correction of a scrivener's
error in the ordinance.
KEY INTENDED OUTCOME SUPPORTED
lmprove Building/Development related processes from single family residences to the large
development projects.
BACKGROUND
On September 30, 2013, the City Commission approved Ordinance 2013-3815, on second
reading setting fines for Fiscal Year 2013114 and created section 50-8 of the Code of Miami
Beach, relating to Fire Protection and Enforcement of the City's false fire alarm code.
The Miami Beach Fire Department responds to all fire alarms initiated electronically by any
building fire alarm system. The initial response consists of an engine company or ladder
company and up to including a full alarm assignment. On many occasions, these flre alarms
are determined to be false fire alarms where there was no fire and no emergency. This is
attributed mainly to poorly maintained fire alarm systems that generate a false alarm signal.
When the fire department responds to a false fire alarm, resources are utilized when no
emergency exists. This scenario can cause a delay to an actual fire emergency occurring
somewhere else in the city.
480
With the increasing amount of false fire alarms and striving to maintain the safety and
complacency of our residents and visitors, the department found a need for the fire alarms to be
updated and enforced with fines. This gave the department the resources to effectively
manage, track and enforce buildings that habitually have issues with false alarms.
A false fire alarm is defined as a signal from a fire alarm system that elicits a response by the
Fire Department when no actual or threatened fire-related emergency exists. Before the
creation of section 50-8 (h), the code did not include provisions for enforcing false fire alarms
with a citation and fines. However, it was recently noted that the Ordinance contained a
scrivener's error in Chapter 50, section 50-8 (h) of the code.
By way of this memorandum, the Administration requests that the scrivener's error be corrected
in the City of Miami Beach code by amending the Ordinance. Section 50-8, relating to
enforcement of the false fire alarm code provisions indicated, in a scrivener's error, that the Fire
lnspector would enforce the code, and should have indicated that the Fire Department would
enforce the code and issue citations for violations.
CONGLUSION
The Administration recommends the adoption of the ordinance correcting the scrivener's error in
section 50-8 (h) of the City of Miami Beach Code.
T:\AGENDA\201S\October\Commission Memo Fire Alarm Fees Scriveners Error Second Reading
.doc
481
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50
OF THE MIAMI BEACH CITY CODE, ENTITLED ''FIRE
PREVENTTON AND PROTECTION," SECTION 50-8(h) ENTITLED..FIRE ALARMS, REGULATIONS, PENALTIES, ENFORCEMENT''
TO CORRECT A SCRIVENER'S ERROR REPLACING "FIRE
INSPECTOR'' WITH "FIRE DEPARTMENT" AS THE ENTITY
ALLOWED TO ISS.UE FALSE ALARM CITATIONS; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission declares that it is in the public health, safety
and welfare, and the interest of the citizens of Miami Beach, to establish policies,
regulations and standards relating to false fire alarms; and
WHEREAS,'in 2013, the City Commission created Chapter 50, relating to Fire
Protection and enforcement of the City's false fire alarm code; and; and
WHEREAS, Section 50-8 relating to enforcement of the false fire alarm code
provisions indicated, in a scrivener's error, that the Fire Inspector would enforce the
code, and should have indicated that the Fire Department would enforce the code and
issue citations for violations; and
WHEREAS, the City Commission desires to Amend Chapter 50, at Section 50-8
to correct the above referenced scrivener's error, and the below amendment
accomplishes the above objective.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 50, at Section 50-8, entitled "Fire alarms, regulations,
penalties, enforcement," of the Miami Beach City Code is hereby amended as follows:
Chapter 50 - FIRE PREVENTION AND PROTECTION
Sec. 50-8. - Fire alarms, requlations, penalties, enforcement.
(g) Enforcement. Thetir" inrp""i"r, tire Oepariment shall issue a citation for each false
alarm. A violator who has been issued a citation under this section shall elect either to:
482
(1)
(2)
Pay the civilfine in the manner indicated on the citation: or
Request an administrative hearing before a specia! master to appeal the
decision of the fireinspee+er fire department which resulted in the issuance
of the citation.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
!f any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ,2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: September 30, 2015
Second Reading: October 14,2015
Underline = new language
S+ri**nreush = deleted language
[Sponsored by Commissioner Joy Malakoff]
APPROVED AS TO
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484
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Land Development Regulations (LDR's) to modify the development
regulations for Washington Avenue, and establish Parking District 7 for properties fronting Washington
Avenue between 6'n Street and Lincoln Road
lntended Outcome Su
Item Summary/Recommendation :
T:\AGEN DA\20 1 S\October\P NING\Washington Avdnue Zoning lncentives -SUM.docx
AGENDA rrem R SJ
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etcl 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to ment is "about the rioht amount."
SECOND READING - PUBLIC HEARING
The subject Ordinance amendment creates new development regulations for the CD-2 District on
Washington Avenue between 6th and 16th Streets. The proposed Ordinance allows for smaller hotel
room unit sizes if amenities are provided; increases height to seven (7) stories I 75' lor larger lot
aggregations, with the exception of main use parking structures, which would be limited to 55' in
height; imposes limits on entertainment uses at the first floor frontages; and revises pedestal and
tower setbacks. The Ordinance also establishes Parking District 7 which reduces the parking
requirements for hotel uses, office uses and outdoor caf6s that would sunset after five (5) years.
On May 27, 2015, the Land Use and Development Committee discussed the item and recommended
that the Planning Board transmit the proposed Ordinance, with modifications, to the City Commission
with a favorable recommendation.
On September 2,2015, the City Commission accepted the recommendation of the Land Use and
Development Committee via separate motion; and approved the subject Ordinance at First Reading,
and scheduled a Second Reading Public Hearing for October 14, 2015. The City Commission also
referred the item to the Land Use and Development Committee, for further discussion prior to 2nd
Reading. The Land Use Committee was scheduled to discuss the proposed Ordinance on October 7,
2015. A summary of the Committee recommendation will be presented on the floor at the October 14,
2015 Commission meeting.
The Administration recommends that the City Commission adopt the Ordinance.
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2262).
Financia! I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-
term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City
Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action,
and determined that there will be no measurable imoact on the Citv's budoet.
Thomas Mooney
MIAMIBEACH o^rE lo- lq-l{485
MIAMIBEACH
City of lvliomi Beoch, 1200 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015 NG - PUBLIC HEARING
SUBJECT: WASHINGTON AVENUE ZONING INC
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDR's) OF THE CITY GODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ..DISTRICT REGULATIONS," DIVISION
5, "CD-2 COMMERCIAL, MEDIUM INTENSITY D!STR!CT," TO
ESTABLISH SECTION 13.309, "WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,'' TO
MODIFY THE DEVELOPMENT REGULATIONS FOR PROPERTIES
FRONTTNG WASHINGTON AVENUE BETWEEN 6TH STREET AND
LINCOLN ROAD; BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," ARTICLE !1, "DISTRICTS; REQUIREMENTS," TO
ESTABLISH PARKING DISTRICT 7 TO MODIFY THE PARKING
REQUIREMENTS FOR THE PROPERTIES FRONTING WASHINGTON
AVENUE BETWEEN 6rH STREET AND LTNCOLN; PROVIDING FOR
CODIFIGATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On July 23, 2014, the City Commission directed the Administration to retain a
professional architect from the rotating list of professionals to provide architectural
services and massing studies for Washington Avenue. Zyscovich Architects was
retained and began work on the initial massing studies for Washington Avenue. On
August 20,2014, the Land Use and Development Committee received an update on the
progress of the massing studies for Washington Avenue, and recommended that the
Administration begin negotiations with Zyscovich for a 2nd phase for Washington
Avenue, involving a more detailed block and vision analysis and master plan. This
expanded proposal was approved by the City Commission on September 30, 2014.
486
Commission Memorandum
Qrdinance Amendment - Washington Avenue Zoning lncentives
October 14, 2015 Page 2 of 3
The Mayor's Blue Ribbon Panel for Washington Avenue was appointed in August, 2014,
and the first meeting of the panel took place on September 8, 2014. The Mayor's Blue
Ribbon Panel for Washington Avenue, in conjunction with Zyscovich Architects held
subsequent workshops with panels of experts to discuss various topics related to the
Washington Avenue corridor. On January 26, 2015, Zyscovich Architects made a
presentation to the Mayor's Blue Ribbon Panel on Washington Avenue with initial
recommendations and ideas for consideration in the Washington Avenue Master Plan.
The Panel held a numberof meetings in Februaryand March, and onApril 1,2015, the
Chairperson of the Blue Ribbon Panel and Bernard Zyscovich presented the Panel's
findings and recommendations to the Land Use and Development Committee. On April
29, 2015, the Panel's findings and recommendations were presented to the City
Commission. At the request of Commissioner Malakoff, the City Commission referred
the subject Ordinance (ltem R9A) to the Land Use and Development Committee and the
Planning Board. On May 27, 2015, the Land Use and Development Committee
discussed the item and recommended that the Planning Board transmit the proposed
Ordinance, with modifications, to the City Commission with a favorable recommendation.
ANALYSIS
The subject Ordinance amendment creates new development regulations for the "CD-z
Commeicial, Medium lntensity District" specific to Washington Avenue, from 6th to 16th
Streets. The proposed Ordinance is based on the recommendations in the Washington
Avenue Blue Ribbon Panel Zoning lncentives Package that were referred by the City
Commission. These include the following:
1. Allowing for smaller hotel room unit sizes in new hotel construction or
conversions, provided larger public spaces are provided and with Design
Guidelines.
2. A Height increase to seven (7) stories I 75' 'for larger lot aggregations, with the
exception of main use parking structures, which would be limited to 55' in height.
3. Limits on entertainment uses at the first floor frontage.
4. Revised pedestal and tower setbacks.
5. Parking requirement changes for hotel uses, office uses and sidewalk cafes;
these changes would sunset in five (5) years.
Attached to this memorandum is the Washington Avenue BIue Ribbon Panel Zoning
lncentives Summary Packet, which is a part of the Washington Avenue Vision and
Master Plan. The Packet provides additional details regarding each of the proposed
recommendations.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
487
Commission Memorandum
Ordinance Amendment - Washington Avenue Zoning lncentives
October 14,2015 Page 3 of 3
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
UPDATE/SUMMARY
On September 2, 2015, the City Commission approved the subject Ordinance at First
Reading, and scheduled a Second Reading Public Hearing for October 14,2015. The
City Commission also referred the item to the Land Use and Development Committee,
for further discussion prior to 2nd Reading. ln this regard, two (2) separate amendments,
proposed by Washington Avenue property owners, were discussed during First Reading
of the Ordinance on September 2,2015. Specifically, modifications to the overall height
for properties at least 100 feet in width, as well as revisions to the minimum building
separation requirements are being sought.
The Land Use Committee was scheduled to discuss the proposed Ordinance, as well as
the proposed amendments, on October 7, 2015. A summary of the Committee
recommendation will be presented on the floor at the October 14, 2015 Commission
meeting.
GONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
v-
JLM/ST/TRM/RAM
T:\AGENDA\201S\October\PLANNING\Washington Avenue Zoning lncentives - Second Reading MEM.docx
488
WASHINGTON AVENUE ZON!NG INCENTIVES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE GIry OF
MIAMI BEACH, FLORIDA, AMEND!NG THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY GODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE !!, ,,DISTRICT
REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," TO ESTABLISH SEGTION 13-309, "WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY
THE DEVELOPMENT REGULATIONS FOR PROPERTIES FRONT!NG
WASHINGTON AVENUE BETWEEN 6TH STREET AND LINCOLN ROAD; BY
AMENDING CHAPTER 130, "OFF-STREET pARKlNG," ARTICLE ll,
"DISTRICTS; REQUIREMENTS," TO ESTABLISH PARKING DISTRICT 7 TO
MODIFY THE PARKING REQUIREMENTS FOR THE PROPERTIES
FRONTING WASHINGTON AVENUE BETWEEN 6TH STREET AND LINGOLN;
PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City has studied Washington Avenue for over a year, and has created a
Mayor's Washington Avenue Blue Ribbon Task Force: and
WHEREAS, the City has reviewed the conditions of Washington Avenue and the
concerns raised by residents, property owners, and businesses as it relates to the condition of
Washington Avenue; and
WHEREAS, there appears to be some deterioration of the area and the businesses and
property owners are concerned with the quality of life and quality of the streets within the
Historic District; and
WHEREAS, the City has studied various mechanisms for improving the quality of life
and quality of business improvements within the area; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-0,
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
Page 1
489
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEAGH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, "CD-2 Commercial, Medium lntensity District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
Sec. 142-309 - washinoton Avlnue develop;ent requlatio;rs and area requirements:
The followinq reoulations shall applv to properties that front Washinoton Avenue between
6th Street and 16th Street: where there is conflict within this division. the criteria below shall
applv:
(1) The maximum buildinq heiqht shall be 55 feet, except for lots that have a frontaqe equal
to or qreater than 200 feet. in which case the maximum buildino heiqht shall be 75 feet:
provided. however. main use parkino garaqes shall not exceed 55 feet, regardless of
the amount of lot frontaoe.
(2) The maximum number of stories shall be five (5) stories, except for lots that have a
frontaoe equal to or qreater than 200 feet, in which case the maximum number of
stories shall not exceed seven (7) stories.
(3) For lots that have a frontaqe that is equal to or less than 100 feet. the setbacks shall be
pursuant to section 142-307. For lots that have a frontaoe that is qreater than 100 feet.
the setbacks shall be as follows:
a. Front:
L Subterranean: zero (0) feet
ii. Ground level: zero (0) feet
iii. Above the qround level up to 35 feet in heiqht:
1. Minimum five (5) feet for parkinq qaraoes with liners: or
2. Minimum 10 feet for parkinq qaraqes without liners: or
3. Minimum 15 feet for all other uses.
iv. Above 35 feet in heioht:
1. Minimum five (5) feet for parkino qaraqes with liners: or
2. Minimum 10 feet for parkinq qaraqes without liners; or
3. Minimum 30 feet for all other uses.
b. Rear:
L Subterranean: zero (0) feet
ii. Ground level: zero (0) feet
iii. Above the qround level:
1. Minimum 10 percent of lot depth: or
Page 2
490
2. Minimum zero (0) feet for parkinq qaraoe floors above the
minimum truck clearance.
c. Side, facinq a street:
L Subterranean: zero (0) feet
ii. Non-residential uses: zero (0) feet
iii. Residential uses: Sum of the side setbacks shall equal 1696 percent of
lot width or a minimum of 7.5 feet and up to 20 feet.
d. Side, interior:
L Subterranean: zero (0) feet
ii. Non-residential uses: zero (0) feet
iii. Residential uses: Sum of the side setbacks shall equal 16%. percent of
lot width or a minimum of seven and a half feet (7.5') or eioht (8) percent
of lot width, whichever is sreater.
(4) The maximum frontaqe for niqhtclubs and dance halls, located at the qround level shall
not exceed 25 feet in width unless such a space has a certificate of use for nightclub or
dance hall. or unless a valid li
tne Aate ot aOootion
danceialt
(5) For new hotel construction or conversion to hotel use. the minimum hotel room unit size
mav be 175 square feet. provided that:
a. A minimum of 20 percent of the oross floor area of the hotel consists of hotel
amenitv space that is phvsicallv connected to and directlv accessed from the
hotel. Hotel amenitv space includes the followinq tvpes of uses. whether indoor
or outdoor. includinq roof decks: restaurants: bars: cafes: hotel business center:
hotel retail: screenino rooms: fitness center: spas: ovms. pools. pool decks: and
other similar uses customarilv associated with a hotel. Bars and restaurants
shall count no more than 50 percent of the total hotel amenitv space
requirements.
b. Windows shall be required in all hotel rooms and shall be of dimensions that
allow adequate natural liqhtino. as determined bv the historic preservation
board.
(6) For lots that have a frontaqe that is qreater than 100 feet. the followinq shall applv.
unless otherwise approved bv the historic oreservation board:
a. Maximum Buildino Lenqth. No plane of a buildinq. above the qround floor facade
facinq Washinoton Avenue. shall continue for qreater than 100 feet without
incorporatino an offset of a minimum five feet (5') in depth from the setback line.
The total offset widths shall total no less than 20 percent of the entire buildinq
frontaqe.
b. Phvsical Separation between Buildinq: A phvsical separation must be provided
between buildinos oreater than 200 feet in lenoth and aUor above 35 feet in
heiqht from the qround floor.
Page 3
491
SECTION 2. That Chapter 130, "Off-Street Parking," Article ll, "Districts; Requirements," of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 130-31. - Parking districts established.
Sec. 130-33. - Off-street parkinq requirements for parkinq districts nos. 2. 3. 4. 5. an+6.
and 7.
rcU Except as othenilise provided in these land development regulations. when anv buildinq
or structure is erected or altered in parkinq district no. 7, off-street automobile parkino
spaces shall be provided for the buildinq. structure or additional floor area as follows.
For uses not listed below. the off-street parkinq requirement shall be the same as for
parkino district no. 1 or parkino district no. 2, as applicable.
(l) Hotel: No parkino requirement. For accessory uses to a hotel, the minimum
parkino is as set-forth in parkino district no. 1.
(!) Office: One (1) space per 500 square feet of floor area.
(!) Retail: Retail existinq as of the date of adoption of parkinq district no. 7 shall
have no parkinq requirement. For new retail construction. one (1) space per 300
square feet of floor area.
![) Caf6. outdoor: No parkinq requirement.
(!) Approved parklets shall have no parkinq requirement.
(Q Anv buildino or structure erected in parkinq district no. 7 mav provide required
parkinq on site as specified in parkinq district no. 1. Such required parkinq. if
provided, shall be exempt from FAR, in accordance with the requlations specified
in chapter 114 of these land development regulations.
The parkino requirements in this subsection 130-33(dX1X2X3X4) and (5) shall onlv applv to
proiects that have obtained a full buildino permit or business tax receipt bv September 1,
2020.
Page 4
492
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
'8["fAYiR8'lB'& FOR EXECUTIONRafael E. Granado, City Clerk
First Reading: September 2,2015
Second Reading: October 14,2015
Mw4s?
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
Strit<et+reugh denotes deleted lang uage
lJndedtne denotes language added at First Reading
[Sponsored by Commissioner Joy Malakoff]
T:\AGENDA\201S\October\PLANNING\Washington Avenue Zoning lncentives -Second Reading ORD.docx
Page 5
493
WASHINGTON AVENUE
VISION AND MASTER PLAN
WASHINGTON AVENUE BLUE RIBBON PANEL
Zoning I ncentives Surrnmary Packet
05.2015
ZYSCOVICHARCHITECTS
494
TABLE OF CONTENTS
ZONING INCENTIVES UNDER CD-2W
CD-2W, Commercial, Medium lntensity District for Washington Avenue
1. DEVELOPMENT REGULATIONS: FARAND HEIGHT
2. SETBACKS
3, PARKLETS PROGRAM FOR WASHINGTON AVENUE
4. PARKING
5. DESIGN GUIDELINES
P.1
P.2
P.3
P.4
P.7
P.8
495
ZONING INCENTIVES
FOR CD-2W - COMMERCIAL, MEDIUM INTENSITY DISTRICT FOR
WASHINGTON AVENUE
The Washington Avenue Blue Ribbon Panel (WABRP) Zoning lncentives
Recommendations for the Washington Avenue CD-zW Commercial,
Medium Intensity District for Washington Avenue as summarized in this
document will serve to assist the Clty in implementing the goals and objectives
of the Washington Avenue Master PIan. The intent of the proposed changes
to the existing CD-2 zoning designation to CD-2W is to create a sustainable
Washington Avenue Main Street where "residents and tourists can enjoy unique
boutiques, ethnic restaurants, convenient services, edgy nightlife and cultural
experiences, all within our walkable low scale historic architecture."
The GOALS and OBJECTIVES of the Washington Avenue Master Plan is to:
1. Preserve the historical, architectural and cultural character of
Washington Avenue as the Cityi "Main Street";
2. Provide for redevelopment, adaptive reuse and infillresulting in
economic vitality for the betterment of the community and the City as
a whole;
3. Create commercial development opportunities that provides quality
goods and services to neighborhood residents and tourists alike;
4. AIIow for a high level of mobility for pedestrians, cyclists, automobiles
and public transit; and
5. Allow for quality public spaces and beach access to capitalize on the
corridori Iocation and surrounding environs.
The CD-2W Zoninglncentives enable flexible building design by encouraging
a variety of uses, heights, and forms without changing the CD-2 Base FAR.
Variations in height allowances, setbacks, parking requirements and bonus FAR
provisions to include office use enable additional capacity throughout the Cityi
main street while maintaining and preserving its authentic historical, architectural
and cultural character and scale. The Zoning lncentives describe maximum
development allowances; however, the ability to maximize these allowances will
depend on a number of factors including but not limited to,
(a) Other regulations as applicable in the Citys Zoning Code.
(b) The physical characteristics of any particular development site.
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1. DEVELOPMENT REGULATIONS' FAR AND HEIGHT
The development regulations in the CD-2W Commercial, Medium Intensity District for Washington
Avenue are as follows,
Base FAR and FAR Bonus Provision:. Base FAR - No Change Recommended. The Maximum Floor Area Ratio (FAR) shall remain at 1.5
. Bonus FAR - Text amendment recommended to Section 1423o7(d)(2) to encourage office use: 'When
more than 25 percent of the total area of a building is used for residential or hotel units or office, the floor
area ratio range shall be 2.0.
Maximum Building Height:
The CD-2W Zoning lncentives propose to increase the maximum building height from 50'to 55', except 75' {or
lots equal to or greater than 2OO' frontage. Maximum height for garage structure to be 55'. Height is defined as
the maximum vertical extent of a building that is measured as a number of stories or a vertical dimension in feet,
whichever is less. Refer to Figures 1.1,1.2 and z.o.
Maximum Number of Stories:
The CD-2W Zoning lncentives propose to increase the maximum number of stories to 7 for lots equal to or
greater than 2OO'frontage. Refer to Figures 1.1,1.2 and Z.O.
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2.SETBACKS
For lots greater than lOO'frontage, the setback requirements in the CD-2W Commercial, Medium lntensity
District for Washington Avenue and associated Design Guidelines are modified as indicated below and as
illustrated in Figures 1.2 and 2.0
Front Setback:. O' at ground level.. Above ground level, the following apply, minimum 5'for garage with liner; minimum 1o'for garage without
liner; minimum 15' for all other uses above ground level.. 40'setback above 35 feet in height.
Side, lnterior and Side, facing a Street Setback to remain as per CD-2.
Rear Setback:
' 5'setback as per CD-2.. For residential, setback to be 1o% of lot depth.
' For garage use only, O'setback above minimum height clearance.
For lots equal to or Iess than loo'frontage, all setbacks to follow CD-z setback regulations.
.. Front Solbrct: 0' at ground level
b. Front Solbrcl: Minimum 5' tor garage with liners above grounc ;:xsi;
Miilimun 10' lcr garage without liners above groufid :e!ir!;
iilinimum 15' l0r all cther uses above ground level
c. Florl Setbrol: 40'above 35' in height
d. Hoar Selbacl: 5' setback;
1 0% ot lot depth lor non-ocsaxkont lots
0' setback above minimum truck height clearance
{Garages only)
e. Slde Selback Sem 0l the side yards shall
equal 1S% ol the lot width.
Minimum 7.5'.
Maximum Is'
Refer to Design Guideliriis, Page 8, for speciftcs and detailed illustrations on *refOilowing,
l. Maximum Building Height (feet): Base height is 55', except 75' for lots equal to or greater than 200' frontage.
2. Maximum Number of Stories: 7 for lots equal to or greater than 2OO feet frontage.
3. Maximum Building Length: No plane of a building may continue uninterrupted for greater than 1OO feet.
4. Building Offtet from Setback Line: lnterrupted means an "offset' of 5' minimum in depth for parking garage with liner and 25' minimum
in depth for all other uses. Offset widths to total no less than 2O% of entire building frontage.
5. Offset Widths: Offset widths to total no less than 2o% of entire building frontage.
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3. PARKLETS PROGRAM FOR WASHINGTON AVENUE
The proposed PARKLETS PROGRAM for Washington Avenue is intended
to repurpose parts of the street into public spaces for people with the main
purpose of creating aesthetic enhancements to the streetscape, and providing
an economical solution to the need for wider sidewalks, outdoor cafe seating and
increased public open space. Parklets provide amenities like seating, planting, bike
parking, and art. ln order to incentivize outdoor cafes and the implementation
of PARKLETS along Washington Avenue, it is recommended that the City
waive sidewalk cafe permit fees for five years and charge no permit fees for
PARKLETS for five years.
The worldi first formal public parklets were initially conceived and installed
in San Francisco in 2010. As of February2013, thirty-eight parklets have been
installed and the program is being emulated in cities around the world. The
San Francisco Pavement to Parks Program has facilitated the conversion of
utilitarian and non-pedestrian friendly or underused spaces in the street into
publicly accessible open spaces available for all to enjoy. The Program provides
a path for merchants, community organizations, business owners, and residents
to take action in the development and beautification of the cityi public realm.
Parklets enhance neighborhoods by adding beauty and whimsy to a cityi streets.
They reflect the diversity and creativity of the people and organizations who
sponsor and design them. They also reflect a city! commitment to encouraging
walking and biking, creating great streets, and strengthening communities.
Parklets catalyze vitality and activity in a city's commercial districts. They support
local business communities by encouraging pedestrians to linger.
Parklets can serve as neighborhood anchors and destination points-providing
spaces for neighbors to gather and get to know one another. Collectively,
parklets broaden the potential for the public realm to engage and delight while
adding much needed open space to a city's commercialcorridors.
For the Washington Avenue PARKLETS
PROGRAM, it is recommended that the
City develop criteria for the following
components:
I. LOCATION
2. DIMENSION
3. USES:
Outdoor Cafes/Dining
Public Plazasf Seating
Bike Parking
Art & Sculpture
Ofher uses
4. DESIGN ELEMENTS
5. CONSTRUCTION AND
INSTALLATION
6. MAINTENANCE & UPKEEP
Refer to pages 5 and 6 for additional
information on San Francisco's Pavement
to Parks Program and criteria fo,
Parklets.
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PARKLETS. San Francisco Parklet Manual (Sample)
Pavement to Parks and the Parklet Manualwere created by the San Francisco
Planning Department in close collaboration with the San Francisco Department
of Public Works, the San Francisco Municipal Transportation Agency, and
the Mayor! Offlce on Disability. The San Francisco Parklet Manual is a
comprehensive overview of the goals, policies, processes, procedures, and
guidelines for creating a parklet in San Francisco. The Manual also serves
as a resource for those outside of San Francisco working to establish parklet
programs in their own cities.
Follow link to download the Manual: http://pavementtoparks.sfplanning.org/
Applicants and designers in San Francisco are strongly encouraged to read the
Parklet Manual in its entirety when they are first thinking about proposing a
parklet, and to refer to it often throughout the process. Understanding what the
program is trying to achieve and the process and regulations for a successful
parklet may reduce the time it takes to receive a permit, and will likely result in
a superior parklet design.
Process Overview
The San Francisco Parklet Manual outlines a step-by-step process for design,
permitting and construction of parklets to include the following:
Pre-Design - Site Selection and Public Outreach
lnitial Proposal Review
Design Development
Fabrication and lnstallation
Post-Construction
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PARKLETS . San Francisco Parklet Manual (Sample)
Stakeholder Roles
Application lntake and Design Review.
The San Francisco Planning Department (SF Planning) is responsible for
ensuring that parklets are well designed and are a positive addition to the public
realm. SF Planning is the primary point of contact throughout the pre-design,
public outreach, public notice, and design processes, and helps steward projects
through the permitting process. SF Planning can also help resolve design issues
raised by MTA or DPW if necessary. SF Planning is also responsible for ensuring
that parklets reflect the goals and intent of the Parklet Program, and that the
parklet design articulated in the final construction drawings and approved by
the city is what is actually built.
Tiansportation Review and Bike Coordination.
The San Francisco Municipal Tiansportation Agency (MTA) reviews parklets to
ensure there are no immediate or known traffic, transit, pedestrian, bicycle, or
circulation related issues. lf a parklet includes bicycle parking, the MTA provides
guidance on bike rack selection, placement, spacing, and the bike-parklng
approval process. lf a parklet is proposed in or near a color curb zone, MTA
provides guidance on how to relocate those zones or how to design the parklet
to accommodate them.
Permitting and lnspection.
The San Francisco Department of Public Works (DPW) is responsible for
ensuring that parklets satisfy all technical requirements of the Public Works
Code and DPW Standards. They verify that parklets are well constructed,
safe, and accessible. Once a parklet design and plans are approved by all three
agencies, DPW will issue permits and conduct inspections during and after
parklet construction. DPW is also responsible for ensuring that built parklets
meet maintenance and upkeep requirements, remain open to the public, and
comply with permit regulations. lf significant public concern is expressed about
the installation of a parklet, DPW will conduct a public hearing before a hearings
officer to determine if the parklet permit should be renewed or some other
enforcement action taken.
Design, Capital Costs, Liability and Maintenance.
Project sponsors are responsible for conducting outreach, designing, funding,
and constructing their parklets. They also assume liability for the parklet and
ensure the parklet is well-maintained and kept in good repair.
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4.PARKING
With the purpose of incentivizing in scale hotel and small office development on
Washington Avenue, without any FAR increase, and recognizing the difficulty of
providing on-site parking for existing contributing retail buildings, the CD-zW
Zoning lncentives proposes modifications (which will sunset in five years) to the
existing parking and parking impact fee requirements as follows:
For Hotel Use:
No off-street parking requirements. Waive parking impact fees.
For accessory uses, the minimum required parking is to be provided as per code.
For Office Use:
Under CD-2W the off-street parking requirements for all office uses is modified
to require (t) one space per 5Oo square feet of floor area. At present, CD-2
requires (t) one space per 4oo square feet of floor area.
Notwithstanding the above, in order to incentivize small office developments for
projects on lots equal to or less than 200' in frontage, there shall be no parking
requirements and no parking impact fees.
For RetailUse:
No parking requirement for existing retail use.
For new development, provide (t) one space per 3oo square feet of floor area.
For Outdoor Cafes and Parklets:
Waive parking impact fees for all outdoor cafes including outdoor cafes located
in parklets.
All parking reductions and waiver of parking impact fees to sunset in (s) five
years. This is applicable to all hotels and small office projects constructed on
Washington Avenue and that obtain a CO within 5 years of the adoption of
the ordinance.
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5. DESIGN GUIDELINES
Building and Facade Articulation Guidelines.
Maximum Building Length:
Along Washington Avenue, no plane of a building, above the ground floor
facade facing the street or sidewalk, may continue uninterrupted for greater
than 1OO feet. lnterrupted means an offset from the setback line as indicated in
Figures 5.2. and s.t.
lulldlng frcnt.I!
Figure 5.1. Diagram illustrating maximum building length and building offsets.
Building Offset from Setback Line:
A building offset from setback line applies to building facades above the ground
floor facing Washington Avenue. Interrupted means an offset of 5'minimum
in depth for parking garage with liner and 25' minimum in depth for all other
uses. Offset widths to total no less lhan20% of the entire building frontage as
illustrated in Figure 5.1.
Figure 5.2. Diagram illustrating building offset for garage with liner
Figure 5.3. Diagram illustrating building offset for building with residential,
hotel and/or office use above retail.
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Building Orientation:
Main building 'axis' is to be oriented east / west. Axis is defined as a line about
which a three-dimensional form is symmetrical and/or the line used as a fixed
reference point abouth which to arrange building form(s), element(s), area(s)
or plane(s).
Figure 5.4. Diagram illustrating building an east / west orientation.
Physical Separation between Building Towers:
Provide a physical separation between building towers (overbuilds) greater than
2OO feet in length and at/or above 35 feet in height from ground floor.
Figure 5.5. Diagram illustrating building tower separation.
Uses.
Entertainment Uses.
For new entertainment uses such as clubs and dance halls located at the ground
levelon Washington Avenue, the maximum frontage shallnot exceed 25 feet.
Hotel Room Sizes.
For new hotel construction or conversions, allow minimum hotel room unit sizes
to be 200 square feet provided larger public spaces are provided and follow
design guidelines.
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niunsDr/ocourtm6 |trx {DIor I NEIGHtsORS
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Neurs lrrur
fu\IAMIBEACH
CITY OF MIAMI BEACH
ORDINANCE AMENDING THE LAND
DEVELOFM ENT REGU LATIONS AND
COMPHENHEN$IVE PLAN TO ESTABLI$H
WA$HINGTON AVENUE DEVELOPMENT
REGULATION$ AND AREA REOUIREMENTS
NOTICT OF PUBTIC HEARING
October 14,2915
NOfrcE lS HEBEBY given that e Second Public Hearing will be heard by the Mayor and
City Commission of th€ City of Miami Beach, Florida, in the Commi$sion Chlmbers,
3rd Floor, City Hall, 1700 Convsntlon C€ntsrDrive, Miami Beedr, Florlda, on Oqtober
ff,20f8 at 5:(h p.m.. or as soon thereafter as the maHer ean b€ heard. to eonsider:
An Ordinance Arnending fho Land Dwolopment *egulations (LD8s) Of Tha City
Code, By Arnending Chapter 142, "Zoning Districts And Regulationsl Article ll.
"Pi$trict Regulationsl Division S, "CD-2 Commercial, Medium lntensity Districtj'
To Establish Section 13-309, "Washington Avenue Development Begulations And
Area BequirementslTo ModifyThe Development Regulations For Properties Fronting
Washington Avenue Between 6s Street And Lincoln Road; 8y Amending Chapter 130,
"Off-Street Fa*ingl Article ll, "Districts; Bequirementsf To Establish Parking District 7
To ModifyThe Pa*ing Requirements ForThe Properties Fronting Washington Avenue
Between 6'n Strefi And Lincoln; Provlding For Codification; Repeale6 S€vcrability; And
An Effeetive Date.
lnquiries may be diracted to thB Planning Dspartm€nt at 305,673.7550.
INTERESTED PAETIES are invited to app€ar at this m€eting, or be repressnted by an
agent or to express their views in writing addressed to the City Commission, clo the
City Clerk, 170O Convention Center Drive, 1.' Floor, City Hall, Miami Beach, Florida
33139.Thls item is available for public inspection during normal buslness hours in ttre
Olfice o{the City Clerk, 1700 Convention Center Drive, 1nt Floor, City Hall. Miami Beach,
Florida 33139,This r*eeting, or any item herein, may be continued, and under such
circumstances, additional legal notice need not be provided,
Pursuant to Section 286.0105, Fla. Stat,, the City hereby advises tha public that if a
person decidei to 6pp6al any declsion made by the City Commission with respect to
eny mattar considered at its mBeting or its hearing. such person must €nsure that a
verbatim record of the proceedings is made, which record includes tha testimony and
evidence upon whichthe appeal is to be bssed,This notice does notconstitute consent
by fie City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it au*rorize chatlenges or appeals not otherwise altowed by law.
To request this material in alternate format, sign language interpr€ter (five-day
notiee required), information on access for persons with disabilities, and/or any
accommodation to review any document or panicipate in any City-sponsored
procdadiilg3, call 305.604.21189 and selem 1 for English 61 2fo,r Spanish, rhen option 5;
TTY users may catl via 711 tFlorida Relay $ervice),
Rafael E. Granado, City Cl6rt(
City of Miami Beach
Ad 1081
506
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City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
OFFICE OF THE CITY ATTOR.NEY
RAUL J. AGUIIA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUILA 1X).j}'
CITY ATTORNEY
DATE: SEPTEMBER 30, 2015
SUBJECT: INCREASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS LAWS
BY AMENDING CITY CODE CHAPTER 2, ARTICLE VII "STANDARDS OF
CONDUCT", DIVISIONS 5 THEREOF, TO PROHIBIT AS OF JANUARY 1,
2016 MEMBERS OF THE CITY COMMISSION AND CANDIDATES
SEEKING SUCH OFFICE FROM DIRECTLY OR INDIRECTLY SOLICITING,
ACCEPTING OR DEPOSITING CAMPAIGN CONTRIBUTIONS FROM A
VENDOR, LOBBYIST ON A PROCUREMENT ISSUE, REAL ESTATE
DEVELOPER OR LOBBYIST ON A REAL ESTATE DEVELOPMENT
ISSUE.
Pursuant to the request of City Commissioner Jonah Wolfson, the attached ordinance has
been drafted for the purpose of strengthening the City of Miami Beach's Code of
Conduct's ethical standards for the City's elected officials and candidates seeking said
Offices.
Specifically, the attached Ordinance amends City Code Chapter 2, Article Vll, Division 5
entitled "Campaign Finance Reform" by codifying substantive changes which will
establish stricter ethics laws than currently exist under State or County ethics codes by
providing that commencing January 1, 2016, members of the City Commission and any
candidate seeking such Office shall be prohibited from directly or indirectly soliciting,
accepting or depositing a campaign contribution, from a "vendor", "lobbyist on a
procurement issue", "real estate developer" or "lobbyist on a real estate development
issue", as said terms are defined in Chapter2, ArticleV!!, Division 5 of the Miami Beach
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.
F:\ATTO\AGUR\RESOS-ORD\2o'1s-Amending City Code Ch 2 Article Vll Div 5\Final Memo.docx
Aoenda ltem RSf
Date_ to_lq-E,507
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CIry CODE CHAPTER 2 "ADMINISTRATION",
ARTICLE VII "STANDARDS OF CONDUCT", DIVISION 5..CAMPAIGN F!NANCE REFORM", ENCOMPASSING CITYCODE SECTIONS 2487 "PROHIBITED CAMPAIGN
CONTRIBUTIONS BY VENDORS", CITY CODE SECTION 2.488..PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS
ON PROCUREMENT ISSUES", CITY CODE SECTION 2-489..PROHIBITED CAMPAIGN CONTRIBUTIONS BY REAL ESTATE
DEVELOPERS", AND CITY CODE SECTION 2.490..PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS
ON REAL ESTATE DEVELOPMENT ISSUES", BY PROVIDING
THAT COMMENCING JANUARY 1, 2016 MEMBERS OF THE
CITY COMMISSION OR CANDIDATES FOR SAID OFFICES
SHALL BE PROHIBITED FROM EITHER DIRECTLY OR
INDIRECTLY SOLICITING, ACCEPTING OR DEPOSITING ANY
CAMPAIGN CONTRIBUTION REGARDING CIry ELECTED
OFFICE FROM A VENDOR, LOBBYIST ON A PROCUREMENT
ISSUE, REAL ESTATE DEVELOPER, OR LOBBYIST ON A
REAL ESTATE DEVELOPMENT ISSUE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, as reflected by its prior adoption of legislation on the issueof
Campaign Finance Reform, the Miami Beach City Commission has found and
determined that legislation is necessary for the preservation of the integrity of
representative democracy in the City of Miami Beach in order to prevent the
appearance of undue influence and access to candidates and elected officials by
contributors, and to address the potential for abuse associated with certain
campaign contributions which unfairly influence elections and create the perception
that public officials may be influenced by special interests; 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 the ability of City Commission members to solicit City vendors under
existing laws, the City Commission has determined that the potential (and certainly the
perception) for undue influence and granting of quid pro quo favors exists arising from
the donation of a political contribution and that the present ability of our elected officials
and candidates to solicit and accept all such donations, whether directly or indirectly,
creates an unacceptable appearance of conflict which undermines the confidence of
the public in our municipal system of representative democracy; and
508
WHEREAS, the below legislation is thus presented as an amendment to the
City's Code of Conduct in order to provide for stricter ethics laws than currently exist
under State or County ethics codes, by prohibiting members of the City Commission or
any candidate seeking such Office from directly or indirectly soliciting, accepting or
depositing a campaign contribution from those donors found to be most involved in
creating the appearance of corruption; said donors being "vendors," "lobbyists on a
procurement issue," "real estate developers" or "lobbyists on a real estate development
issue," as said terms are defined in Chapter 2, Article Vll, Division 5, Sections 2-487
through 2-490 of the Miami Beach City Code; and
WHEREAS, by narrowly tailoring this legislation as stated above, the City
Commission is pursuing its goal of re-instilling public faith and trust in the government,
while accomplishing its legitimate, compelling government interest of maintaining
public confidence in its elected officials and in avoiding appearances of public corruption
stemming from the potentially improper influence and related potential unlawful quid pro
occasioned by the solicitation and acceptance of the subject campaign contributions at
issue hereinbelow from the subject class of prohibited donors.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration," Article
Vll entitled "Standards of Conduct," Division 5 thereof entitled "Campaign Finance
Reform," encompassing City Code Section 2487 "Prohibited campaign contributions by
vendors", City Code Section 2-488 "Prohibited campaign contributions by lobbyists on
procurement issues", City Code Section 2-489 "Prohibited campaign contributions by
real estate developers", and City Code Section 2-490 "Prohibited campaign
contributions by lobbyists on real estate development issues", are all hereby amended
in the following manner effective January 1,2016, to read as follows:
Sec. 2487. Prohibited campaign contributions by vendors.
A. General.
(1) (a) No vendor shall give a campaign contribution directly or indirectly to a
candidate, or to the campaign committee of a candidate, for the offices
of mayor or commissioner. Commencing on the effective date of this
ordinance, all proposed city contracts, purchase orders, standing orders,
direct payments, as well as requests for proposals (RFP), requests for
qualifications (RFQ), requests for letters of interest (RFLI), or bids issued
by the city, shall incorporate this section so as to notify potential vendors
of the proscription embodied herein.
509
(b) i No candidate or campaign committee of a candidate for the
offices of mayor or commissioner,
shall directly or indirectly solicit, accept' or deposit into such candidate's
campaign account any campaign contribution otherwise prohibited in
Section A(1Xa) above @ from a vendor. Candidates (or
those acting on their behalf), as well as members of the City
Commission, shall ensure compliance with this code section by
confirming with the procurement division's city records (including City of
Miami Beach website) to veqlfy the vendor status of any potential donor.
ii For purposes of Subsection A(1Xb)i hereinabove, the term "indirectlv
solicit" shall include, but not be limited to. those instances in which a
candidate for the offices of Mayor or Commissioner, or a member of the
Citv Commission, solicits campaiqn contributions for a political
committee, reoardless of whether said contribution is earmarked bv the
donor for a particular candidate for City elected office.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of solicitinq. giving, acceptinq or depositing a contribution in
violation of this section shall constitute a separate violation. All contributions
deposited by a candidate in violation of this section shall be forfeited to the city's
general revenue fund.
(4) As used in this section: * * *
(d) The term "political committee" shall have the meaninq ascribed to
such term in Florida Statutes Ch. 106, as amended and supplemented.
Sec. 2488. Prohibited campaign contributions by lobbyists on procurement
issues.
(1) No lobbyist on a present or pending solicitation for goods, equipment or
services or on a present or pending award for goods, equipment or services prior to
or upon execution of a contract, purchase order, standing order, direct payment, or
purchasing card payment shall solicit for or give a campaign contribution directly or
indirectly to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. The term "lobbyist" shall not include those
individuals who lobby on behalf of persons and/or entities in connection with their
1 This portion of the City's Campaign Finance Laws prohibiting direct or indirect solicitation or acceptance of certain
campaign contributions, applicable to Code Sections 2-487 through and including 2-490, shall be effective as of
January 1,2016 in order to obviate issues of unlawful retroactive legislation.
510
provision of goods, equipments or services not exceeding $1000,000 in a City of
Miami Beach fiscal year wherein city commission action is not required.
(b) i No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the Citv Commission, shall
directlv or indirectlv solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenruise prohibited in
Section (1) above @ from a lobbyist subject to the
provisions of this ordinance. Candidates (or those acting on their behalf),
as well as members of the City Commission, shall ensure compliance
with this code section by confirming with the city clerk's records to verify
the lobbyist status of any potential donor.
ii. For purposes of Subsection (1)(b)i hereinabove, the term "indirectlv
solicit" shall include. but not be limited to, those instances in which a
candidate for the offices of Mavor and Commissioner, or a member of
the Citv Commission, solicits
campaiqn contributions for a political committee. regardless of whether
said contribution is earmarked bv the donor for a particular candidate for
City elected office.
(3) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, acceptinq or depositing a contribution in
violation of this section shall constitute a separate violation. All contributionsdeposited by a candidate in violation of this section shall be forfeited to the
city's general revenue fund.
(5) The term "political committee" shall have the meaninq ascribed to such term in
Florida Statutes Ch. 106. as amended and supplemented.
Sec. 2,489. Prohibited campaign contributions by real estate developers.
A. General.
(t) (a) No real estate developer shall give a campaign contribution directly or
indirectly to a candidate, or to the campaign committee of a candidate,
for the offices of mayor or commissioner. Commencing on the February
15, 2003, all applications for development agreements and for changes
511
in zoning map designation as well as future land use map changes shall
incorporate this section so as to notify potential real estate developers of
the proscription embodied herein
(b) !. No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the Citv Commission, shall
directlv or indirectly solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenarise prohibited in
Section A(1Xa) above @ from a real estate developer.
Candidates (or those acting on their behalf). as well as members of the
Citv Commission, shall ensure compliance with this code section by
confirming with the city planning department's records (including City of
Miami Beach website) to verify the real estate developer status of any
potential donor.
ii. For purposes of Subsection A(1)(b)i hereinabove, the term "indirectlv
solicit" shall include. but not be limited to, those instances in which a
candidate for the offices of Mayor or Commissioner, or a member of the
City Commission. solicits campaion contributions for a political
committee, reqardless of whether said contribution is earmarked by the
donor for a particular candidate for City elected office.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of solicitinq. giving, acceptinq or depositing a contribution in
violation of this section shall constitute a separate violation. All contributions
deposited by a candidate in violation of this section shall be forfeited to the city's
general revenue fund.
(4) As used in this section: * * *
(d) The term "political committee" shall have the meanino ascribed to
such term in Florida Statutes Ch. 106, as amended and supplemented.
Sec. 2490. Prohibited campaign contributions by Iobbyists on real estate
development issues.
(1) No lobbyist on a pending application for a development agreement with the city,
or application for change of zoning map designation or change to the city's future
land use map shall solicit for or give a campaign contribution directly or indirectly to
a candidate, or to the campaign committee of a candidate, for the offices of mayor
or commissioner.
512
(b) t No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the Citv Commission. shall
directlv or indirectlv solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenarise prohibited in
Section (1) above @ from a lobbyist subject to the
provisions of this section. Candidates (or those acting on their behalf), as
well as members of the City Commission, shall ensure compliance with
this code section by confirming with the city clerk's and planning
department's records to verify the lobbyist status of any potential donor.
ii. For purposes of Subsection (1)(b)i hereinabove. the term "indirectlv
solicit" shall include, but not be limited to. those instances in which a
candidate for the offices of Mavor or Commissioner. or a member of the
Citv Commission, solicits campaiqn contributions for a political
committee, reqardless of whether said contribution is earmarked by the
donor for a particular candidate for City elected office.
(3) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, accepting or depositing a contribution in
violation of this section shall constitute a separate violation. All contributionsdeposited by a candidate in violation of this section shall be forfeited to the
city's general revenue fund.
(7) The term "political committee" shall have the meaninq ascribed to such term in
Florida Statutes Ch. 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. 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
513
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on January 1,2016.
PASSED and ADOPTED this day of
ATTEST:
PHILIP LEV!NE
MAYOR
RAFAEL E. GRANADO
CITY CLERK
(Requested by City Commissioner Jonah Wolfson)
,2015.
'8ER[8U'-8ilB'& FOR EXECUTION
F:\ATTO\AGUR\RESOS-ORDUO1s-Amending City Code Ch 2 Article Vll Div s\Final Div 5 Campaign Fin Roform Ord.docx /?,ft!H,I*+k- "#
City Attorney " -
514
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't'i
OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
FIRST READINGMAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM:
DATE:
SUBJECT:
RAUL J. AGUTLA, CrrY ATTORNEY Dr,e-
ocToBER 14,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY," BY
AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY AMENDING
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82.381
THEREOF, ENTITLED "PERMITTED AREAS; CONDITIONAL PERMIT; CITY
MANAGER'S RIGHT TO REMOVE SIDEWALK GAFES,'' BY REQUIRING
DISPLAY OF PRICES FOR FOOD AND DRINK MENU ITEMS OR ANY FOOD
AND DRINK MENU SPECIALS, AND ESTABLISHING A NOTICE PROVISION
TO CUSTOMERS REGARDING ANY AUTOMATIC GRATUITY OR SERVICE
CHARGE BY THE OPERATOR OF THE SIDEWALK CAFE; BY AMENDING
SECTION 82.382 THEREOF, ENTITLED "APPLICATION,'' MANDATING
THAT A STDEWALK CAFE APPLTCATION BE DENTED FOR FAILURE TO
HAVE FOOD AND DRINK MENUS WHICH INCLUDES PRICES FOR FOOD
AND DRINK MENU ITEMS, FOOD AND DRINK MENU SPECIALS, OR
NOTIFICATION OF ANY AUTOMATIC GRATUITY OR SERVICE CHARGE
TMPOSED BY THE STDEWALK CAFE OPERATOR; BY AMENDTNG SECTION
82.385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY PROHIBITING
A SIDEWALK CAFE TO OPERATE WITHOUT FOOD AND DRINK MENUS
WHICH SHOW THE PRICING FOR ANY FOOD AND DRINK MENU ITEM OR
FOOD AND DRINK MENU SPECIAL, AND FAIL TO NOTIFY CUSTOMERS OF
ANY AUTOMATIC GRATUITY OR SERVICE CHARGE IMPOSED BY THE
SIDEWALK CAFE OPERATOR; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Commissioner Micky Steinberg has proposed an ordinance amendment that will require
operators of sidewalk cafes to display or disclose prices for food and drink menu items or
display or disclose any food and drink menu specials. Further, the ordinance amendment will
mandate that an operator of a sidewalk caf6 provide notice to customers of any automatic
gratuity or service charge that is being imposed by the operator of the sidewalk caf6, which
notification requirement is consistent with, and mandated by, Section 509.214 of the Florida
Statutes.
Agenda ltem RS K
;i;To-rT-'f515
Commission Memorandum
Sidewalk Cafes Menu Requirements
October 14,2015 Page 2 o'f 2
A business establishment does not have an actual or inherent legal right to conduct a sidewalk
caf6 operation upon the City's property. The City authorizes a business establishment the
ability to utilize its public property for a sidewalk caf6 pursuant to a legally sufficient application
for a sidewalk caf6 permit, which application must be consistent with those requirements set
forth in Sections 82-381 through 82-388 of the Miami Beach Code. A business establishment
seeking to obtain a sidewalk caf6 permit, pursuant to this ordinance amendment, will be legally
required to identify or disclose all menu prices for food and drinks, disclose any menu specials
and must provide sufficient notice of the automatic gratuity or service charge. Any existing
sidewalk caf6 operator that fails to comply with this new ordinance provision(s), will not be
permitted to continue operating the sidewalk caf6, until such time that menu prices are properly
displayed or disclosed for food and drinks, menu specials or the automatic gratuity or service
charge.
This ordinance amendment will be an additional permit and operation condition that will prevent
potential deceptive practices, and further require business establishments operating upon the
City's public property to comply, in their entirety, with Article lV, Division 5 of Chapter 82. The
ordinance will prevent patrons from being over-charged or deceived for those food and
beverage menu items purchased, and will allow a patron to recognize the cost of these items
before making his/her selection.
Commissioner Steinberg has determined that these ordinance provision(s) will protect its
citizens and visitors from undisclosed, exorbitant charges for food and drinks at sidewalk cafes,
and provide notification of the gratuity or service charge imposed by the sidewalk caf6 operator.
RA/AB/sc
516
ORDINANCE TO BE SUBMITTED
517
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518
R5 - Ordinances
RsL An Ordinance Consolidating And Standardizing The Rehearing And Appeal Procedures,
lncluding Administrative Appeals And Quasi-Judicial Applications Before Historic
Preservation Board, Board Of Adjustment, Planning Board, And Design Review Board,
By Amending The Following Sections: Chapter 118, "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 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 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, 118-536, And 118-537; 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-Family Ad Valorem Tax
Exemption" At Section 118-609; 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 118-9; Providing For Repealer; Severability; Codification; And An
Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning )
(ltem to be Submitted in Supplemental)
Agenda ltem R5 L
oate lr-l?-l.I-519
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520
R5 - Ordinances
RsM 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 118-563; And Division 4 "Designation" At Section 118-591; Providing For
Repealer; Severability; Codification; And An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(ltem to be Submitted in Supplemental)
Agenda ltem RSM
ort" Jo-l(-ll521
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522
R5 - Ordinances
RsN Amend Chapter 1 18 Land Development Regulations, Appendix A - Fee Schedule, And
Chapter 14 Building Regulations
1.An Ordinance Amending The Land Development Regulations Of The Code Of
The City Of Miami Beach, Florida; By Amending Chapter 114 Entitled "General
Provisions," At Section 114-7; Chapter 118 Entitled "Administration And Review
Procedures," Article lEntitled "ln General", At Sections 118-3 And 118-6, Article
lll Entitled "Amendment Procedure", At Section 118-162, Article lV Entitled
"Conditional Use Procedure," At Section 1 18-193 And 1 18-196, Article Vl Entitled
"Design Review Procedures," At Sections 118-253 And 118-255, Article Vll
Entitled "Division Of Land/Lot Split," At Section 118-321, Article Vlll Entitled
"Procedure For Variances And Administrative Appeals," At Sections 1 18-353 And
118-357, Article lX Entitled "Nonconformances," At Section 118-399, Article X
Entitled "Historic Preservation," At Sections 118-562, 118-563, 118-564, And
118-591; Chapter 138, Entitled "Signs," At Sections 138-135 And 138-136;
Chapter 142, Entitled "Zoning Districts And Regulations," At Section 142-108;
And Further Amending Chapter 118, Entitled "Administration And Review
Procedures," To Create Section 118-7 And 118-8; Updating And Consolidating
The Sections Of The Land Development Regulations Requiring The Assessment
Of Fees ln Order To lmprove Predictability, Transparency And Efficiency Of The
Code; Providing For Repealer, Severability, Codification, And An Effective Date.
First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning/Building/Fire/Public Works)
An Ordinance Amending The Code Of The City Of Miami Beach, Florida,
Amending Appendix A, "Fee Schedule" To Revise Building, Fire, Planning, And
Public Works Fees Charged For Services Related To Land Development And
Permitting; Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning/Building/Fire/Public Works)
An Ordinance Amending Chapter 14, "Building Regulations," Division 2, "Permit
Fees," At Sections 14-61, 14-62, 14-66, 14-67, 14-68, 14-70, And 14-72; Chapter
15, "Zoning Review Fee Associated With The Building Permit Process," Article ll,
"Zoning Review Fees Associated With The Building Permit Process," At Sections
15-31, 15-32, 15-33, 15-34, 15-35, 15-36, And 15-37; Chapter 50, "Fire
Prevention And Protection," At Sections 50-3, 50-4, 50-5, 50-6, 50-7, And 50-8;
Chapter 66, "Marine Structures, Facilities And Vehicles," Article lll, "Piers, Docks
And Boat Ramps," At Section 66-114; Chapter 86, "Sales," Division 2, "Permit,"
At Section 86-56; Chapter 98, "Streets And Sidewalks," Article lll, "Excavations,"
Division 2, "Permit," At Sections 98-93 And 98-94; Further Amending Chapter 50,
"Fire Prevention And Protection," To Create Sections 50-9, 50-10, 50-1 1, 50-12,
50-13,50-14, And 50-15; Chapter 98, "Streets And Sidewalks," Article lii,
"Excavations," Division 2, "Permit," To Create Sections 98-95, 98-96, 98-97, 98-
98, 98-99, And 98-100; Updating And Consolidating The Sections Of The City
Code Of Ordinances That Require The Assessment Of Fees For Permitting
Services ln Order To lmprove Predictability, Transparency And Efficiency Of The
Code; Providing For Repealer, Severability, Codification, And An Effective Date.
First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning/Building/Fire/Public Works)
(!tem to be Submitted in Supplemental)
2.
3.
Asenda rtem flSN
Date61r{_af523
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R5 - Ordinances
RsO An Ordinance Amending Chapter ll, Article Vll, The City's Code Of Conduct, Requiring
City Elected Officials And Candidates For City Elected Office To Disclose lf They Are
Soliciting City Vendors, Lobbyists On Procurement lssues, Real Estate Developer's Or
Lobbyists For Real Estate Developers For Contributions To Political Committees
Supporting Candidates For City Elected Office. First Readinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
Agenda rtem RSO
oate lotW525
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526
R5 - Ordinances
RsP An Ordinance Amending Chapter ll, Article Vll, The City's Code Of Conduct, Prohibiting
Lobbying By Campaign Consultants For A Period Of Twelve (12) Months Subsequent To
Swearing ln Of Elected Officials For Whom Such Consultant Provided Campaign
Consulting Services (Within The Last Election Cycle). First Readinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
Aqenda ltem RS P
Datel(W-T527
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528
R7
RESOLUTIONS
529
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving,
Second And Final Reading, Following A Duly Noticed Public Hearing, The Transfer Of An Air
Easement Agreement, To Betsy Ross Owner, LLC. (Applicant) For The Property ldentified ln Exhibit "A,"
Order For The Applicant To Construct A Bridge Over Ocean Court To Join The Carlton And The
Hotels; Which Easement Area Contains Approximately 181 .66 Square Feet ln Total Area, 19 Feet
Ocean Court: And The
Item S ummary/Recommendation :
The Betsy Ross South Beach Hotel (Betsy Hotel) located at 1440 Ocean Drive, and the Carlton South
Beach Hotel (Carlton Hotel) located at 1433 Collins Avenue, are owned by BETSY ROSS OWNER, LLC
(Betsy Ross), a Delaware limited liability company authorized to do business in the State of Florida. The
Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean Court, an
alley that runs south to north parallel to Ocean Drive. The right-of-way of Ocean Court located between the
Betsy Hotel and the Carlton (ATTACHMENT B), was dedicated by plat to the City as a public right-of-way;
this dedication also includes the air rights over the Ocean Court right-of-way (the air rights over the Ocean
Court right-of-way are referred to hereinafter as the Easement Area).
The City's Historic Preservation Board (HPB), pursuant to HPB Order and Supplemental Order No.7414
approved the installation by the Betsy Ross of an elevated pedestrian bridge, which varies in length from 20
feet 10-718 inches to 20 feet 11-114 inches, has a structural width of 8 feet 4-314 inches with a decorative
cover that has a width of 30 feet 9-3/8 inches, and located a minimum of 19 feet above the surface of the
Ocein Court right-of-way that is, within the Easement Area, for the purpose of connecting the third floor
levels of the Betsy Hotel and Carlton Hotel. The pedestrian bridge is intended not to impede vehicular
access through Ocean Court, up to the height of 18 feet 7 inches above the surface of Ocean Court.
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City propefi, as
with an air rights easement, is to be referred by the City Manager to the Finance and Citywide Projects
Committee. Enclosed are two updated appraisals: one ordered by the City, the second ordered by the
Betsy Ross. The City's Appraisal indicates the air rights as being worth $2,100,000. The Betsy Ross'
Appraisal indicates that the air rights as being worth $240,000.
At its September2,2015 meeting, the City Commission read the title into the record atthe appraised
amount of $2,100,000 and recommended to move forward with the Second Reading Public Hearing at its
October 14,2015 City Commission meeting via Resolution No.2015-29131.
THE ADMINISTRATION HEREBY PRESENTS TO THE MAYOR AND CITY COMMISSION THE
RECOMMENDATION OF THE FCWPC TO MOVE FORWARD WITH THE GRANT OF EASEMENT FOR
AIR RIGHTS ACROSS OCEAN COURT FOR $24O,OOO AND RECOMMENDS THE FUNDS TO BE USED
TOWARDS THE "GREENING" OF OCEAN COURT.
At its October 5,2015 meeting, the Finance and Citywide Projects Committee made a motion to move
forward with the grant of easement for air rights across Ocean Court for $240,000 and recommends the
funds to be used towards the "oreenino" of Ocean Court.
Financial Information:
Source of
Funds:
OBPI
Financia! lmpact Summary:
DepartmentrQlggctor Assistant City lUlanager City lt/lager
JJF:..€_ETC >/'JLM T\
1 S\October\PUBLIC WORKS\The Betsy Air rig hts.T:\AGENDA\20
Agenda ltem
Date* AnIAMIBEACH R?A
to-t(ll7r530
g MIAMIBEACH
TO: Mayor Philip Levine and
FROM: Jimmy Morales, City Ma
DATE: October 14,2015
City of Miqmi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
of the
SSION MEMORANDUM
Commission
SECOND READING
HEAR!NG
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING, FOLLOWING A
DULY NOTICED PUBLIC HEARING, THE TRANSFER OF AN AIR RIGHTS EASEMENT
AGREEMENT, TO BETSY ROSS OWNER, LLC (APPLICANT) FOR THE PROPERTY
IDENTIFIED IN EXHIBIT "A," !N ORDER FOR THE APPLICANT TO CONSTRUCT A
BRIDGE OVER OCEAN COURT TO JOIN THE CARLTON AND THE BETSY HOTELS;
WHICH EASEMENT AREA CONTAINS APPROXIMATELY 181.66 SQUARE FEET IN
TOTAL AREA, 19 FEET ABOVE OCEAN COURT; AND THE CITY RECEIVING
PAYMENT, BASED UPON APPRAISED VALUE, FROM THE APPLICANT.
BACKGROUND
The Betsy Ross South Beach Hotel (Betsy Hotel) located at 1440 Ocean Drive, and the Carlton
South Beach Hotel (Carlton Hotel) located at 1433 Collins Avenue, are owned by BETSY ROSS
OWNER, LLC (Betsy Ross), a Delaware limited liability company authorized to do business in the
State of Florida. The Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way
known as Ocean Court, an alley that runs south to north parallel to Ocean Drive. The right-of-way of
Ocean Court located between the Betsy Hotel and the Carlton (ATTACHMENT B), was dedicated by
plat to the City as a public right-of-way; this dedication also includes the air rights over the Ocean
Court right-of-way (the air rights over the Ocean Court right-of-way are referred to hereinafter as the
Easement Area).
The City's Historic Preservation Board (HPB), pursuantto HPB Orderand SupplementalOrder No.
7414 approved the installation by the Betsy Ross of an elevated pedestrian bridge, which varies in
length from 20 feet 10-718 inches to 20 feet 1 1-114 inches, has a structural width of 8 feet 4-314
inches with a decorative cover that has a width of 30 feet 9-3/8 inches, and located a minimum of 19
feet above the surface of the Ocean Court right-of-way that is, within the Easement Area, for the
purpose of connecting the third floor levels of the Betsy Hotel and Carlton Hotel. The pedestrian
bridge is intended not to impede vehicular access through Ocean Court, up to the height of 18 feet 7
inches above the surface of Ocean Court.
Under the proposed air rights easement, the Betsy Ross shall bear any and all costs of the
installation, maintenance, utilities, replacements, repairs, taxes, insurance and any and all other
costs and expenses, including any necessary relocation or undergrounding of existing utilities in
conflict with the pedestrian bridge, involved in its installation, operation and use.
531
City Commission Memorandum - The Betsy Air Rights
October 14, 2015
Page 2 of 4
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City
property, as with an air rights easement, is to be referred by the City Manager to the Finance and
Citywide Projects Committee. Enclosed are two updated appraisals; one ordered by the City, the
second ordered by the Betsy Ross. The City's Appraisal indicates the air rights as being worth
$2,'t00,000. The Betsy Ross'Appraisal indicates that the air rights as being worth $240,000.
ANALYSIS
City staff has reviewed the proposed grant of easement, pursuant to the criteria established under
Section 82-38 of the City Code for the proposed sale or lease of City property:
1) Whether or not the proposed use is in keeping with city goals and objectives and conforms
to the City's Comprehensive Plan.
Satisfied. The proposed use of the adjacent properties is consistent with the future land use
category description contained in the Comprehensive Plan.
2) The impact on adjacent properties (if any), including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level, enhanced property
values, improved development patterns and provision of necessary services. Based on the
proposed use of the property, the City shall determine the potential impact of the project on City
utilities and other infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of traffic impact
is needed; the purchaser/lessee shall be responsible for obtaining and paying for a traffic impact
analysis from a licensed traffic engineer.
Satisfied. The Applicant owns the properties on either side of the proposed easement, and
the easement should enhance the property values. There will not be any impact on City utilities,
which are below ground. Other above ground utilities will be relocated as part of the
development. The elevation and narrow width of the bridge provides unimpeded access in the
event the City or any utility company may need to access any below ground easement. The
easement is above Ocean Court, so there will not be any traffic impacts.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the City's revenue base, reducing City
costs, creating jobs, creating a significant revenue stream, and/or improving the community's
overall quality of life.
Satisfied. The bridge will remove unnecessary foot traffic and luggage handling activityfrom
the City's sidewalks and not impede vehicular access along Ocean Court. The covered bridge
will also provide shade and protection from the elements.
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will not block views or create other environmental intrusions, and evaluation of
the design and aesthetic considerations of the proposed development or project.
Satisfied. The HPB approved the design of the proposed bridge pedestrian bridge to connect
the Carlton Hotelto the Betsy Hotel.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
532
City Commission Memorandum - The Betsy Air Rights
October 14, 2015
Page 3 of 4
Satisfled. There will not be any adverse impacts to adjacent properties other than those owned
by the Applicant.
6) Such other issues as the City Manager or his authorized designee, who shall be the City's
Planning Director, may deem appropriate in analysis of the proposed disposition.
Satisfied. lt is recommended that the consideration for granting this easement should be heard
at a public hearing and that the Applicant should pay the appraised value of the easement.
Additionally, as this application was originally referred as a Revocable Permit, and again for
purposes of guiding the City Commission in its consideration of the proposed request, City staff also
reviewed the proposed easement, pursuant to the criteria established under Section 82-94 of the
City Code for the granting/denying of Revocable Permits:
1) That the Applicant's need is substantial.
Satisfied. Granting the permit will enhance the security of the neighborhood by facilitating the
unification of the Betsy Hotel and Carlton Hotelwith safe and appropriate access. The bridgewill
remove unnecessary foot traffic and luggage handling activity from the City's sidewalks and not
impede vehicular access along Ocean Court. The covered bridge will also provide shade and
protection from the elements.
2) That the applicant holds the title to an abutting property.
Satisfied, The Applicant is the fee simple owner of the properties and the properties are adjacent
to Ocean Court.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The proposed elevated pedestrian bridge will be constructed in accordance with the
relevant sections of the Code of the City of Miami Beach and the Florida Building Code,
including proper elevation for service and emergency vehicles.
4) That grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
Satisfied. The pedestrian bridge does not impact any governmental use of the right of way, as it
is elevated 18 feet 7 inches above ground-level. Above ground utilities will be relocated as part
of the installation. The elevation and narrow width of the bridge provides unimpeded access in
the event the City or any utility company may need to access any below ground easement.5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of reasonable use of the
land, structure or building for which the Revocable Permit is sought arising out of special
circumstances and conditions that exist, and were not self-created, and are peculiar to the
land, structures or buildings in the same zoning district, and the grant of the application is
the minimum that will allow reasonable use of the land, structures, or building.
b. That the grant of revocable permit will enhance the neighborhood and/or community by such
amenities as, for example, enhanced landscaping, improved drainage, improved lighting and
533
City Commission Memorandum - The Betsy Air Rights
October 1 4, 201 5
Page 4 of 4
improved security.
Satisfied. The Applicant has agreed to help fund the construction of a "green" alley adjacent to
the properties that will improve the appearance and drainage of Ocean Court.
6) That granting the Revocable Permit requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. The safety and security of guests of any property requires appropriate measures,
especially at commercial establishments such as hotels. Granting the easement provides the
means for the Applicant to ensure the safety of the hotel guests traveling between the hotel
buildings. Granting the easement will not confer any special privilege on the Applicant that would
otherwise be denied to others similarly situated in the same zoning district.
7) That granting the Revocable Permit will be in harmony with the general intent and purpose of
Article lll of the City Code, and that such Revocable Permit will not be injurious to surrounding
properties, the neighborhood, or othenruise detrimental to the public welfare.
Satisfied. The pedestrian bridge will comply with all City Code regutations and maintain the
present service uses along Ocean Court, while ensuring the safety of hotel guests and all users
of the City right-of-way. As such, it will neither be injurious to the surrounding properties nor
detrimental to the public welfare.
The Administration and Applicant have negotiated a Grant of Easement for Air Rights (Attachment
c).
At its September 2, 2015 meeting, the City Commission read the title into the record at the appraised
amount of $2,100,000 and recommended to move fonruard with the Second Reading Public Hearing
at its October 14,2015 City Commission meeting via Resolution No. 2015-29131.
At its October 5, 2015 meeting, the Finance and Citywide Projects Committee made a motion to
move forward with the grant of easement for air rights across Ocean Court for $240,000, and
recommends the funds to be used towards the "greening" of Ocean Court.
CONCLUSION
The Administration hereby presents to the Mayor and City Commission the recommendation of the
FCWPC to move forward with the grant of easement for air rights across Ocean Court for $240,000
and recommends the funds to be used towards the "greening" of Ocean Court.
Exhibits:
A - Sketch and Legal description of the encroachment
B - Rendering of proposed bridge
C - Draft Easement Agreement
D - Betsy appraisal
E - City appraisal
..r rrltl$$/.r.r F/BAMA/v R B/E B
T:\AGENDA\20'15\October\PUBLIC WORKS\The Betsy air rights, second reading. MEMO.doc
534
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND AND
FINAL READING, FOLLOWING A DULY NOTICED PUBLIC HEARING,
THE TRANSFER OF AN AIR RIGHTS EASEMENT AGREEMENT, TO
BETSY ROSS OWNER, LLC (APPLTCANT) FOR THE pROpERTy
IDENTIFIED IN EXHIBIT "A," !N ORDER FOR THE APPLICANT TO
CONSTRUGT A BRIDGE OVER OCEAN COURT TO JOIN THE
GARLTON AND THE BETSY HOTELS; WHIGH EASEMENT AREA
CONTAINS APPROXIMATELY 181.66 SQUARE FEET IN TOTAL
AREA, 19 FEET ABOVE OCEAN GOURT; AND THE Clry RECEIVING
PAYMENT, BASED UPON APPRAISED VALUE, FROM THE
APPLICANT.
WHEREAS, Betsy Ross South Beach Hotel located at 1440 Ocean Drive
(hereinafter the "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433
Collins Avenue (hereinafter the "Carlton Hotel"), are owned by BETSY ROSS OWNER,
LLC, a Delaware limited liability company authorized to do business in the state of
Florida (hereinafter "Betsy Ross" or Applicant); and
WHEREAS, the Betsy Hotel and the Carlton Hotel are separated by a City
public right-of-way known as Ocean Court, an alley that runs south to north parallel to
Ocean Drive; and
WHEREAS, the right-of way of Ocean Court located between the Betsy Hotel
and the Carlton Hotel as legally described in Exhibit "A" attached hereto and made a
part hereof, was dedicated by plat to the City as a public right of way; this dedication
also includes the air rights over the Ocean Court right-of-way (the air rights over the
Ocean Court right-of-way are referred to hereinafter as the "Easement Area"); and
WHEREAS, the City's Historic Preservation Board ('HPB'), pursuant to HPB
Order and Supplemental Order No.7414 approved the installation by the Betsy Ross of
an elevated pedestrian bridge, which varies in length from 20 feet 10-718 inches to 20
feet 11-114 inches, has a structural width of 8 feet 4-314 inches with a decorative cover
that has a width of 30 feet 9-3/8 inches, and located a minimum of 19 feet above the
surface of the Ocean Court right of way (that is, within the Easement Area), for the
purpose of connecting the third floor levels of the Betsy Hotel and Carlton Hotel (the
"Pedestrian Bridge"); and
WHEREAS, the Pedestrian Bridge is not intended to impede vehicular access
through Ocean Court, up to the height of 19 feet above the surface of Ocean Court; and
WHEREAS, the City desires to grant an easement to Grantee for the sole
purpose of ingress, egress, transport, installation, maintenance, and repair across,
over and through the Easement Area, as may be required by Betsy Ross in connection
with its operation and use of the proposed Pedestrian Bridge; and
535
WHEREAS, under the air rights easement, the Betsy Ross shall bear any and
all costs of installation, maintenance, utilities, replacements, repairs, taxes, insurance
and any and all other costs and expenses, including any necessary relocation or
undergrounding of existing utilities in conflict with the Pedestrian Bridge, involved in its
installation, operation and use of the Pedestrian Bridge (the "Operating Costs"); and
WHEREAS, pursuant to Section 82-37(a), of the City Code, the City Commission
on September 2,2015 scheduled the second reading, public hearing on this item for
October 14,2015; and
WHEREAS, pursuant to Sections 82-37, the sale or transfer of City property,
including any interest in City property, as with an air rights easement, is to be referred
by the City Manager to the Finance and Citywide Projects Committee (Finance
Committee); and
WHEREAS, the Finance Committee and was heard on October sth, 2015, at
which time the Committee recommended in favor of the transfer; and
WHEREAS, the Finance Committee, based upon the Applicant's appraisal,
recommended that the air rights easement be valued at $240,000; and
WHEREAS, the Finance Committee also recommended that the funds be
dedicated towards improving Ocean Court, towards the "green alley" that the Applicant
and Public Works are currently designing; and
WHEREAS, pursuant to Section 82-38, of the City Code, the Planning
Department prepared a written planning analysis, which has been provided to the City
Commission; and
WHEREAS, pursuant to Section 82-37, the City Commission desires to enter into
the attached air rights easement agreement, and to transfer the easement rights for fair
market value.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving, on second and
final reading, following a duly noticed public hearing, the transfer of an air rights
easement agreement, to Betsy Ross Owner, LLL (Applicant) for the property identified in
Exhibit "A," in order for the Applicant to construct a bridge over Ocean Court to join the
Carlton and the Betsy Hotels; which easement area contains approximately 181.66
square feet in total area, 19 feet above Ocean Court; and the City receiving payment,
based upon appraised value, from the Applicant.
PASSED and ADOPTED this _day of October,2015.
ATTEST:
Philip Levine, Mayor
APPRCn,EDASTO
FOBM & I.ANGUAGE
SFORE(ECI'IION
oF ltjo{
Rafael E. Granado, City Clerk
536
EXHIBIT A
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LA}ID DESCRIPTIS}.I Ail} SKETCI{
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537
COUSINS SURVEYORS & ASSOCIATES, INC.
5921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33514
CERTIFICATE 0F AUTHORIZATION : LB # 6448
PHONE (954) 6E9-7766 FAX (954) 689-7799
CLIENT :
THE BETSY SOUTH BEACH
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF THAT 20 FOOT ALLEY LYING WTHIN BLOCK 19 OF,.OCEAN BEACH ADDITION NO.2",
ACCORDINO TO THE PLAT THEREOF, AS RECORDED IN PLAT EOOK 2, PAGE 56 OF THE PUSLIC RECORDS
OF UIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBEO AS FOLLOWS:
THA] SPACE BETWEEN AN ELEVATION AF 24,41 FEET (LOWER UMIT) TO AN ILEVATION OF 50.91 FEET
(UPPER LIHIT) WNOSE HORIZoNTAL LIMI]S ARE DEFINED BY THE VERTICAL EXIENSIoN OF IIIE FoLLowING
DESCRIBED PARCEL:
COMMENCE AT THE NORTHEAST CORNER OF LOT 20, OF SAID BLOCK 19;
THENCE SOUTH 07'30'59. WEST ALONG THE WEST RIGHT OF WAY LINE OF SAID 20 FOOT ALLEY, A
DISTANCE OF 55.55 FEET TO THE POINT OT BEGINNING AND A POINT ON A TANGENT CURVE CONCAVE
TO THE SOUTHWEST:
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF IO FEET, A CENTRAL
ANGLE OF I8O'OO,OO" ANO AN ARC DISTANCE OF 51.42 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY L NE OF SAID 20 EOOT ALLEY;
THENCE SOUTH 07'50'59" WEST ALONG SAID WESTERLY LINI. A DISTANCE OF 15.80 FEET TO A POINT
ON A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF IO FEET, A CENTRAL
ANGLE OF I8O'OO'OO'' AND AN ARC DISTANCE OF 31.42 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF SAIO 20 FOOT ALLEY;
THENCE NORTH 07'50'59" EAST ALONC SAID WESTERLY LINE, A DISTANCE OF 15.80 FEET TO THE POINT
OF BEG]NNING.
THE AFORE}/ENTIONED ELEYATIONS ARE EASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988
(NAvDsB).
THE LOWER AND UPPER LIMITS TOGETHER WITH THE COURSES AND DISTANCES DEFINE THIS
RIGHT-OF-WAY AND AIR RIGHTS EASEMENT.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DAOE COUNTY, FIORIDA.
NOTES:
1. NOT VALID WITHOUT IHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIOA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSIRACTED FOR RIGHTS-OF-WAY.
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORO.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVTY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFIED TO: THE CITY 0F MIAMI BEACH
I HEREBY CERTIFY THAT THE ATIACHED "LAND DESCRIPTION AND SKETCH" IS
TRUE AND CORRECT TO THE BEST OF YY KNOWLEOGE AND BEUEF AS
PREPARED UNDER MY DIRECTION IN JULY,2O15, I FURTHER CERTIFY THAT
THIS ,,LAND OESCRIPTION AND SKETCH. VEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OE FLORIDA ACCORDING TO
CHAPTER 5J-17 Oi THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECIION 472.027, FLORIDA STATUTES. SUBJECI TO THE QUALIFICATIONS
NOTED HEREON.
Q"a^r--"t e,'G,-----
, FOR THE F RM, BY: --------
LAND DESCRIPIION; cERTlFlcATloN [i'J$t?5if,.'3;[r'rro* on, ,orrro
AND N0TES FL0R|DA REG|STRATIoN No. 4188
REVISIONS DATE FB/PG DWN CKD
LANO DESCRIPIION & STETCH o7/a7/15 FEC
RfvtstoN PEF cota|/ENrs 07 /14,/15 REC REC
LAND DESCRIPTION
& SKETCH TOR
RIGHT-OF-WAY
AND AIR
RICHTS
EASEM ENT
r PRoPFRTY ADDRESS : \t'rrr.*J(ffii
( s,,EE, , oF s .-l
538
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 55314
CERTIFICATE 0F AUTHORIZATI0N : LB # 6448
pHoNE (954) 689-7766 FAX (9s4) 689-7799
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REYISlON PER COXUEI{TS )t /tt/1s Rfc REC
LAND DESCRIPTION
& SKETCH FOR
RIGHT_OF_WAY
AND AIR
RIGHTS
EASEMENT
539
EXHIBIT B
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540
EXHIBIT C
This instrument prepared by and
after recording return to:
Eve Boutsis, Rsquire
City Attomey's Office
1700 Convention Center Dr., 41h Floor
Miami Beach, FL 33139 (For Recorder's Use Only)
GRANT OF EASEMENT FOR AIR RIGHTS
This Grant of Easement for Air Rights (the "Easement" or the "Agreement") is made and
cntcred into as of this day of 2015. by the CITY OF MIAMI tsEACH
("City"), a municipal corporation duly organized and existing r-urder the lavvs of the State of
Florida. having an address at 1700 Convention Ccnter Drive, Miami Beach, Florida 33139
("Grantor"), in favor of BETSY ROSS OWNER, LLC, a l)elaware limited liability compan!,
having an addrcss at 1440 Ocean Drivc, N{iarni Beach, Florida 33139 ("Grantee").
A.
RECITALS
Grantee is the fee olvner of the Betsy Ross South Beach Hotel (1440 Ocean Drive) and
the Carlton South Beach Hotel (1433 Collins Avenuc) and the real propertv on w'hich
lhey are located. the real property is legally described in Bxhibit "A" attachcd hereto and
made a part hereof (collectively the "Hotel Propcrty'').
The right-of v"ay of Occan Court located betw'een the Betsy Ross South Eleach Hotcl and
the Carlton South Beach Hotel as legally described in Exhibit "8" attached hereto and
mado a part hcrcof, was dcdicated by plat to Grantor as a public right of rvay; this
dedication also inoludes the air rights over the Ocean Court right-of-way (the air rights
over thc Ocean Court riglrt-of-rvay are referred to hereinafter as the "Easement Area").
The City's Historic Preseruation Board ("HPB"). pursuant to HPB Order and
Supplemental Order No. 7414, copies of *'hich are attached hereto and made a part
hereof as Exhibit "C", approved the installation by Grantee of an elevated pedestrian
bridge, which varies in length from 20 feet l0-7i8 inches to 20 feet ll-114 inches, has a
structural r.vidth of 8 feet 4-314 inches with a decorative cover that has a width of 30 feet
9-3i8 inches, and ]ocated a minimum of 19 feet above thc surface of the Ocean Coum
right of way (that is, within the Easement Area), for the purpose of oonnecting the third
floor levels r-rf the Betsy Ross South Beach Hotel and C'arlton South Beach Hotel (the
"Pedestrian Bridge"). The Pedestrian Bridge shall not impede vehicular access througfi
Ocean Court (up to the height of 19 feet above the surface of Ooean Court).
B.
C.
541
13, $rsntcr has :rgrred t* *rflnt iln €ffscrnent tr: firantee for the sule purpose of ingrexx,
egr*:ss, transpcr{n insteillatiein, maintenance. snd r*pair a{ross" *t'rr and through thc
Hasement Ar*& as ma,v be requiretl by Crnntee in s*nnecti*n uith its operation and use
tlf thc P*ilcstrian Bridge.
|1. {irantee shall bcar any and all costs of installation" mainlenance. utilities" replacemtnts,
repairs* t&q$s. ins*rnnc* {iild flny *nd all othcr costs and expcnses, includins any
n{*es$$ry reloc*tion or undergrcunding of existing utilities in canflict rvith the Ped*strinn
Bridge. inx*lverl in its insiallati*n" *perutian and use af tl'rs Pedestrian Bridg* {t}rx
"'0perating ensts"),
NCIW" T}{EREFORE, in eonsiderntion of the sum ol'l'cn Doll*rs ($1*.fi0} *nd other good and
v*luahle cnu*ider*ti*n, the ruceipt and sufficiencl' o[ rvhich arr llerctry nrkn*rv]edged. the partiss
hereto sgref. *s f*11*ws:
l. Reqitsls" "[.he above recitals are tru* cnd enrrecl nnd hy lhis referencc are inceirporated *s
if tirlly s*t foxh herein,
7" Egsertient Gmntor hcreby grants ter Grante$, lbr the usc and henefit *f Granter" its
successsrs and assig*s and itx &Sents. empl*yees ond irrviti:es, ail ea$em&nt ovnr, esros$.
nnd through the La-csmsnt Area solely tbr ingress. rlgres$, trenspor{. use. install:rtion.
sp'lratisn, maintsnan$e, repl**emrlnt. snd rssair *f th* Fedestrinn Briclg*, I{srcpfirr"
unless *pe*itieii to th* **ntrary. us* rrl'the tenn "Ped*strjan filridgc" shall include thc
sleetrical irnd utilit.v cannection* anel ssrociatetl equipnrent tor proper operation al'the
F*destrian Bridge. i*cluding lighting and fir* sprinkler slstcnrs. The xudllce r:l' th*
{}*ean C*urt right *f wery suhject t* th* E**m*mt Ari:*l wil! at all timr:s rcrnain
unobstrucietl for its eontinusd us* by fir*ntor and th* public as a dedieated public right *f
rray {which use xha}} i*qlude, rvithout limitation. prdestrian antl v*hicular activity}.
erartee shall sxerei*e its *asenrcnt rights h*reund*r rvithoul interfering with th*
ccntinued us* of Ocean C.uurx right of way by {irantor and/or the public ax * deeli*atr.d
public right *f w*y, incl:ding lrhicular &ccess up to a &eight of I.Q feet above the surface
CII0*ean Ccurt. An-t* electrical utiliries rnny hnvr to be placed undergraund. at firantee's
sxprs*$s, so that th* hridg* cl*** nnf interfbrc with utilily"
Contribulinn" As lurther ernsideratir:n *ruI inllurement For Grantor'* grar* ol' t*ris
Easement"6rll*tgeshallpaytcrcrantorac*ntributionintheamcuntsf-
{* be pnid in installmentx ax lirllr;ws: { I } $75,t}t}t} {rpon exe*ulisn sf this Agreement; tXJ
withln I3 munths of exer.ution sl this Agreement; all* (3)
rvithin 3S msnths of exscution of this Agr*ement or upr:rl obtaining the Certificatc *f
()ccupancy tbr the l)edestrian Bridge, rrhichever occuffi first.
M*i,S,,t$fi.qS$S. firantee egrees to instali, use, operate" maintain, r*pair a*d repl*ce the
Pedeslriau Bridg*, rrr n*cs$sflry porti*ns thereot. so that sarne is at all tinres in go*d
wcrking crder and condition a:rd tiee of maierial dnfects. subject only t* occasional
interruption cf serviee due ta {i} ordinary rvear and tear anrJ use thcreof: (ii) routine or
extraurdinary maintrnance" rspair ar replacementl or {iii} e},e*ts hey*nd the (irn*tse"s
J.
4.
542
5.
reasonable control. Grantee shail have the right to select the contractor(s) of its choicc in
connection with all aspects of installation, maintenance, repair. and replacement ol the
Pcdestrian Bridge: providcd. holvever, that ali agreements rvith such contractor(s) shall
be bona-fide. arnrs-length agreements for sen'ices at usual and customary rates and shall
he subject to prior approval of Grantor. which approval shall not be unreasonably
rvithheld. After completion of any work by Grantee. Grantce shall, at its sole cost and
expensc, immediately, with due diligcnce, restore the roadrvay surface of the Ocean
Court right of way to the condition in which it existcd immediately prior to the
performance of such rvork (the cost of which shall be included in Operating Costs).
Grantee shall bear any and all costs of installation, maintenance, utilities. replacements.
repairs, taxes, insurance and any and all other costs and expenses, including any
nccessary relocation or undergrounding of existing utilities in conflict with the Pedestrian
Bridge, involved in Grantee's sole cost of installing, operating and using the Pedestrian
Bridge (the "Operating Costs").
The Grantor may maintain, repair and replace necessary potions of the surl-ace of the
Ocean Court right of rvay and/or utilities and other easements on, above or belorv the
right of way. as it deems necessary, in its solc and reasonable discretion. In the event
that the Pedestrian Bridge is damaged during any such maintenance. repair or
replacement. the Grantor shall u,ork with the Grantee to make all necessary repairs to the
Pedestrian Bridge at Grantor's sole expense. Grantee shall use bcst etforts to: (a) avoid
causing any damage to or urlreasonable interference w'ith the Ocean Court. right of rvav
and Easement Area; and (b) minimize any disruption or inconvenience to Grantor and
the public in their usc of Ocean Court as a dedicated public right of rvay.
Pavment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be
responsible for any and all Operating Costs of the Pedcstrian Bridge. Grantor shall be
responsible for any costs associated with damage to the Pedestrian Bridge resulting from
the Grantor's maintenance, repair or replacement of portions of thc Occan Court right of
way or utilities or othcr easements in the right of u,ay.
Terrn. The term of this Easement shall be perpetual unless terminated by the parties in a
writing executed by both. This Easement shall not merge with any deed to the Hotcl
Property or any part thereof but shall survive for the term described herein.
Successors and Assigns. This Agreement shall bind, and the benefit thereof shall inure to
the respective successors and assigns ofthc parties hereto.
Limitation. It is the intention of the parties hereto that this Agreement shall bc limitcd to
and utilized for the purposcs expressed herein and only for the benefit of the persons and
properties named herein. The roadway surface of thc Easement Area shall continue to be
used for appropriate pedestrian and vehicular activity. except as necessary during times
of installation, maintenance, rcpair or replacement of the Pedestrian Bridge by Grantee,
or maintenance, repair or replacement of the surfacc of the Easement Area or Grantor's
maintenance, repair or replacement of utilities or other easements in thc Easernent Area
6.
7.
8.
543
bv Grantor. Grantor shall not be responsible for the actions of Third-Parties not
contracted by Grantor who may cause darnagc to the Pedestrian Bridge. Although
Grantee may perform maintenance activities, Grantee shall be requircd to obtain a
temporarv right-of-lvay closurc pcnnit shall be required if the maintenance obstructs the
alley way or requires temporary closure of the alley rvay due to the maintenance actions.
9. Indemnification.
Crantee shall indemnify and hold harmless Grantor, its officers and employees,
from any costs, liabilities, claims. losses, and damages (including, without lirnitation.
reasonable attomeys' fbes and disbursements at thc trial level and all levels of
appeal), r,r'hether suit is instituted or not. relating to death of or injury to persons. or
loss of or darnage to property. resulting from, arising out of, or inourred in
corurection rvith the existence and use of the easement and the easement area by
Grantee. and/or its ofticials employees, contractors, and agents; and including, but
not limited to, any violation by the Grantee, and/or its oflicials, employees,
contractors, and agents. of any laws, rules, regulations or ordinances regarding
hazardous materials. hazardous wastes" hazardous substances, solid r,vaste. or
pollution, rthether now, existing or hereafter. enacted or promulgated, as they may be
amcndcd from tirne to tirne ("Environmcntal Larvs"); any presence) release, or threat
of release of hazardous materials, hazarclous rvastes. hazardous substances, solid
tt'astc or pollution at, upon. undcr. from or within the easement area by Crantee,
and/or its officials. employees, contmctors; and agents; the tailure of Grantee, andlor
its officials, employees. contractors, and agents, to duly perform any obligations or
actions required to be taken nnder any Environmental Law's (including, without
limitation. the imposition by any governmental authority of any lien or so-ca]led
"super priority lien" upon the easement area); any clean-up costs: liability for
personal i.rjrrry or property damage or damage to the environment; and any fines,
penalties. and punitive damages. or any 1-rnes or assessments incurrcd by or claimed
against Grantor and arising out of the failure of Grantee, and/or its ofticials,
employees, contractors, and agents, to comply lvith Environmcntal l,arns in
connection with the use of the easement and the easement area by Grantee, and/or its
officials, employees, contractors, and agenls.
Grantee shall also, as part of the indemnification provided to Grantor pursuant to
this Section 9, defend any and all claims asserted against Grantor resulting tiom,
arising out of, or incurred in connection with the existence and/or usc of the
Easement and the Easemcnt Area by Grantee, and"/or its oficials, employees,
contractors, and agcnts. Grantec shall bc cntitlcd to select counsel of Grantee's
choice to defend claim; provided however, that such counsel shall first be approved
by Grantor's City Attomey, which approval shall not be unreasonably conditioned.
withheld, or delayed; and, provided furthcr, that the Grantor shall be permitted. at
its cost and expense, to retain independent counsel to monitor the claim proceeding.
The duty to def'end set fbrth in this subsection shall be severable and independent
from the indemnity obligations otherwise set forth in this Section 9, to the extent
that if any other provisions and/or subsections of this Section 9 are deemed to be
A.
B.
544
C.
t0.Default.
D.
invalid and/or unreasonable. this duty to defend provision shall remain in full force
and eflfect.
Notr.vithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or liable to Grantor, or any third parties, fbr any costs, liabilities,
expenses, losscs, claims or damages, w'ith respect to third partv claims resulting
from the gross negligence, recklessness or u'illful misconduct of Grantor or its
offi cials, employees, contractors, and agents.
The indemnity an defense obligations set fbrth in this Section 9 including, without
limitation, the provisions of its subsections, shall sun ive the expiration of the Term
or any termination of this Eascment regarding any and all costs. Iiabilities. claims,
losses, and darnages (including, rvithout limitation, reasonable attorneys' fees and
disbursements at the trial level and all levels of appeal), whether suit is instituted or
not. relatilg to death of or injury to persons, or loss of or damage to property,
resulting fr<-rm, arising out of. or incurred in connection with the existence and use
of the Easement and the Easement Area by Grantee andior its officials. cmployccs.
contractors, and/or agents. For purposes of example only and without limiting the
generality of the ibregoing. costs, liabilities. claims. losscs and/or damages vvhich
are unknown or unaccrued as of the date of the expiration of the Term or other
Tcrmination of the easement could include but not be limited to. latent construction
defects and/or environmental remediation claims.
Delirult by Grantee. In the event of a defauit by Grantee in the maintenance,
opcration or repair of the Pedestrian Bridge, Grantor shall give written notice to
Crantee, specifying the nature of such default. Grantee shall have a period of ten
(l0) days tbllorving receipt of said notice in rnhich to rernedy the default (or such
longer time as may be necessary and reasonable, provided Grantee shall have
commenced a cure within said l0-day period and is diligently and continuously
prosecuting same): t-ailing which Grantor shall have the right to enter upon the
Easement Area, for the limitcd purpose of eflecting the required repair or
maintenance of the Pedestrian Bridge. Notr.vithstanding the forcgoing, if thc dcfault
is of such a nature that an emcrgency situation arises constituting an unsafe or
unsanitary condition, the period for cure of such default shall bc accclcratcd to a
period of time rvhich is reasonablc in light of the nature of the emergency. All costs
incident to curing a default by the Grantee under this subsection A shall bc thc solc
responsibility and obligation of, and aocordingly. shall be borne by, thc Grantee.
Default by Grantor. In the event of a default by Grantor in the repair of
the Pedestrian Bridge resulting from damage caused b-v Grantor to the Pedestrian
Bridge pursuant to Grantor's activities under Section 4 hereof, Grantee shall give
written notice to Grantor, specifying the nature of such default. Grantor shall have
a period often (10) days following receipt of said notice in which to rcmcdy the
default (or such longer time as may be necessary and reasonable, provided
Grantor shall have commenced a cure within said 1O-day period and is diligently
A.
B.
545
ll.
prosccuting same)? failing u,hich Grantee shall havc the right to effectuate the
required repair ol the Pedestrian Bridge. Notwithstanding the fbregoing, if the
default is of such a natute that an emergency situation arises constituting an
unsaf.e or unsanitary condition. the period for cure of such default shall be
accclcrated to he a period o[time rvhich is reasonablc in light of the nature of the
emergenc)'. Al[ costs incident to repair of the Pedestrian Bridge shall be bome by
the Grantor.
Enforcement. In the event it becomes necessary lbr any party to defend or institute legal
proceedings as a result of thc material failure of either party to compl}, with the terms,
covenants and conditions of this Agreement, the prevailing party in such litigation shall
recovel fiom the other party all costs and expenses incurred or expended in connection
therer.vith, including, without limitation, reasonable attomey's fees and costs, at all leveis.
Vcnuc and Jurisdiction. This Agreement shall be govcrned and construed in all rcspects
in accordance with the larvs of the Statc of Florida, r.vithout regard to its conflict of law's
provisions. Further, all parties hereto agree to avail themselves of an submit to the
personal jurisdiction of the Courts of the State of Florida in Miami-Dade County.
Interpretation. No provision of this Agreement will be interpretcd in favor of, or against,
any of the parties hereto by reason of the extcnt to which any such party or its counsel
participated in thc drafting thereof or by reason of the extent to w'hich any such provision
is inconsistent with any prior drall hereof or thereof.
Counterparts. This Agreement rnay be exccuted in any number of counterparts, each of
which shall bc dcerned an original and all of nhich, taken together, shall constitutc a
single document.
Notices. All notices, demands. requests or other communications required or permitted
to be given hcreunder .shall be deemed delivered and received upon actual receipt or
refusal to receive same, and shall be made by tJnited States certified or registered mail.
return receipt requestcd or by hand delivery, and shall be addrcssed to the respective
parties at the addresses set forth in the preamble to this Agreement.
Entire Agreement. This Agreement constitutes the cntire agreement betu'een the parties
hereto relating in any marulcr to the subject matter of this Agrccment. No prior
agreement or understanding pertaining to same shall bc valid or of any force or effect,
and the covenants and agreements herein contained cannot be altered, changed or
supplemented except in w'riting a signed by the parties hereto.
Severability. if any olause or provision of this Agreement is deemed illegal, invalid or
unenforceable under prescnt or future larvs effective during the tenn hereof, then the
validity of the remainder of this Agreement shall not be affected thereby and shall be
legal, valid and enforceable.
12.
13.
14.
15.
16.
17.
546
lN WITNESS WI'IEREOF, the parties hereto have executed this Easement as of the date tirst sct
forth above.
SIGNATURE PAGES TO F'OLLOW
547
WITNESSES:GRANTOR:
CITY OF MIAMI BEACH, FLORIDA"
A municipal corporation of the Statc of Florida
tsy:
Sign Name: Philip Levine
Title: Mayor
Print Name
Sign
Print Name
ATTEST:
Bv:
Name: Rafael E. Granado
Titlc: Cit-v Clerk
STATE OF FLORIDA )
COUNTY OI, MIAN4I-DADE )
The fbregoing instrument was acknowledged before me this dry of
_,2015, by Phiiip Levine. as Mayor, and Rafael E. Granado, a-s City Clerk. of thc
CITY OF MIAMI BEACH, FLORIDA. a municipal corporation of the State of Florida, on
behalf of such municipal corporation. They are personally known to mc or produced valid
Florida driver's licenses as identification.
Notary Public. State of Florida
My commission expires:
548
WITNESSES:GRANTEE
BETSY ROSS OWNER. LLC,
A Delaware limited liability compan-y
Bv:
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Title:
Sign
Print Name
sis,
Print Name
STA|E OT. FLORIDA )
)ss:
couNl'Y oF MIAMI-DADE )
The foregoing instrument was acknolvledged befbre me this day of
,2015, by ,3S of BETSY ROSS OWNER, LLC. a
Delaw,are limited liabilit-v company. IIe is personally known to me or produced valid Florida
driver's licenses as identification.
Notary Public, State of Florida
My commission expires:
549
QUALIFICATIONS OF APPRAISER
ANDREW H. MAGENHEIMER, MAI
EDUCATION:
Bachelor's Degree, The University of the South, Sewanee, Tennessee. 1986
EXPERIENCE:
Over twenty-five years in the field of real estate, involved in various forms of
consultation. appraisal, economic research and market analysis.
June, I 997 to Present, Principal, Slack, Johnston & Magenheimer, Inc.
August. I 991 to May, 1997, Senior Appraiser, Slack & Johnston, Inc.
February, 1987 to July, 1991, StaffAppraiser, Dixon & Friedman, Inc.
GENERA,L APPRAISAL EXPERIE NCB:
Appraisals - Vacant land. environmcntally sensitive land, aviation facilities, industrial
facilities, shopping centers. office buildings, apartment buildings. residential
developments and single-family residences.
Consulting - Economic research, market analysis, f'easibility analysis and ad valorem real
estate tax assessment appeals pertaining to industrialo commercial and residential
properties.
Litigation Support - Appraisals and consulting, including expert testimony, concerning
various property types.
AFFILIATIONS:
Licensed Florida Real Estate Broker
Florida State-Certified General Real Estate Appraiser, Certification No. RZl073
Appraisal Institutc Member, N4AI, Certiticate Number 10133, Continuing Education
Completed
HLJD MAP Training
2002 President ol the South Florida Chapter of the Appraisal [nstitute
550
RICK SCT}TT, GOVEfr!4Oft
The CERTIFIED
KEN TAIA&ON. SESRXTAfiY
STAIE QFFLCIN'P*
PSpARTI'*HT AF EugllilE*$ &N0 PROFE$SIOXAL RrSULAIIOI{
FLOFHOA XE*L ESTATE *FFRAISIL EA
!*errlad bxtp* lS CERTlflEA
Uilder *r r{evilions aiehapt*r d75 FS
Expiration date NOV 30, 2016
MAS* NII E'I{E R, AH}RSi{ HAT,IE
72{5 SW STAVEfiUE STE 3OO
FL 331?0r"1
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SISPLAY&S REqUIRED BY IA1II $80, l;14{*?$0O*4$3
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572
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission, Following A Duly Advertised Public Hearing, And Waiving By 5/7ths
Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City; And Approving
And Authorizing The Mayor And City Clerk To Execute A New Lease Agreement, Between The City And Community AIDS
Resource, lnc. (d/b/a Care Resource) (l-enant), For The Use Of Approximately 1,926 Square Feet Of City-Owned Property
Located At 1701 Meridian Avenue, Suite 400, Miami Beach, Florida, For A Term Of One (1) Year, With One (1) Renewal
t Citv's For An Additional One (1) Year.
lntended Outcome
Board Recommenda
!nformation:
The City of Miami Beach and Klara Gershman M.D. PA, were parties to a lease dated September g, 2009 for the use of
approximately 1,926 square feet of City-owned property, located al 1701 Meridian Avenue, Suite 400, Miami Beach,
Florida, to be used for the sole purpose(s) of operating a medical clinic and related services.
The lease contained an initialterm of three (3) years, commencing October 1, 2009 and ending September 30, 2012, with
one (1) renewal option for an additional three (3) years. On March 18, 2013, Klara Gershman M.D. PA exercised its sole
renewal option for a period of three (3) years, commencing October 1,2012 and ending September 30, 2015.
Simultaneously with said renewal, Klara Gershman M.D. PA assigned the lease to Community Aids Resource, lnc. (d/b/a
Care Resource), a Florida not-for-profit corporation, (Tenant).
On March 30, 2015, the City provided a courtesy notice to Tenant advising them their lease was scheduled to expire on
September 30, 2015 and, due to the City's internal office space needs, the City did not intend to extend the term.
Subsequent to said Courtesy Notice, Tenant requested the City reconsider its position and extend the term of the lease
due to the important public service Tenant provides to the HIV and LGBT community. Upon further discussions, the
Administration negotiated a new lease for an initial term of one (1) year, commencing October 1,2015 and ending
September 30, 2016, with one (1) renewal option (at City's option) for one (1) additional year. The additional time will
allow Tenant sufficient time to find alternate office space and relocate.
The proposed new lease includes a three percent (3%) increase in the base rent. Accordingly, the base rent is $33.56 per
square foot, on a triple net basis. Additionally, the operating expenses are $6.90 PSF, which consist of $6.00 PSF for
common area maintenance expenses and $0.90 PSF for insurance.
Tenant shall accept the Premises in "as-is" condition and the existing security deposit of $8,377.99 shall transfer to the
new lease. There are no brokerage commissions due for this transaction.
The Administration recommends that the City Commission adopt the recommendation of the FCWPC from its October 5,
2015 meeting, and approve a new lease agreement, subject to final review and approval by the City Attorney's Office.
The Administration submitted the agreed upon terms and conditions to the Finance anO CitywiOe Pro;ects Conrmittee
(FCWPC) at its October 5,2015 meeting, and the FCWPC discussed approving a new lease agreement with Tenant, for a
period of one (1) year, with one (1) renewal option (at City's option) for one (1) additionalyear. At Tenant's request, the
FCWPC also discussed agreeing to a longer initial term and recommended that the matter be referred to the City
Financial lmpact Summary: The Base is $33.56 PSF, plus Operating Expenses of $6.90 PSF. Over the
initial one (1) year term of the lease, the aggregate Base Rent amounts to $64,637 and Operating Expenses are projected
at $13,289.
Max Sklar, ext. 6116
Resource\Care Resource SUM (1 0-"14-1 5).docx
AGENDA ''=* R]g
sIrIE_7WE MIAMIBEACH
666
MIAMIBEACH
Cify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION
Mayor Philip Levine and Memberslpf the City
Jimmy L. Morales,
October 14,2015
City Manager:
A RESOLUTION OF THE MAY*. AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING
A DULY ADVERTISED PUBLIC HEARING, AND WAIVING,BY 5I7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY; AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY INTHE FORM ATTACHED TO THIS RESOLUTTON,
BETWEEN THE CITY AND COMMUNITY AIDS
RESOURCE, tNC. (D/B/A/ CARE RESOURCE) (TENANT),
FOR THE USE OF APPROXIMATELY 1,926 SQUARE
FEET OF CITY.OWNED PROPERTY, LOCATED AT 1701
MERIDIAN AVENUE, SUITE 4OO, MIAMI BEACH, FLORIDA
(PREMISES), FOR A TERM OF ONE (1) YEAR, WITH ONE
(1) RENEWAL OpTtON (AT CtTy'S OpTtON) FOR ONE (1)
ADDITIONAL YEAR.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On September 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27187 approving a lease agreement between the City and Klara Gershman M.D. PA, for
the use of approximately 1,926 square feet of City-owned property, located at 1701
Meridian Avenue, Suite 400, Miami Beach, Florida, to be used for the sole purpose(s) of
operating a medical clinic and related services. The lease contained an initial term
of three (3) years, commencing October 1,2009 and ending September 30, 2012, with
one (1) renewal option for an additional three (3) years.
On March 18,2013, Klara Gershman M.D. PA exercised its sole renewal option for a
period of three (3) years, commencing October 1,2012 and ending September 30, 2015.
Simultaneously with said renewal, Klara Gershman M.D. PA assigned the lease to
MORANDUM
TO:
FROM:
DATE:
SUBJECT:
667
Commission Memorandum
Community A/DS Resource, lnc. - New Lease Agreement
October 14, 2015
Page 2 of 3
Community Aids Resource, lnc. (dlbla Care Resource), a Florida not-for-profit
corporation, (Tenant).
ANALYSIS
On March 30,2015, the City provided a courtesy notice to Tenant, attached hereto as
Exhibit A (Courtesy Notice), advising them their lease was scheduled to expire on
September 30,2015 and, due to the City's internal office space needs, the City did not
intend to extend the term. For example, the recently formed Transportation Department
is currently occupying space in the Public Works Department. This has restricted space
utilization for Public Works and does not provide an ideal work environment for the
Transportation Department staff. Additionally, the Code Compliance and Housing and
Community Development Department both occupy space in the 555 17th Street building
that will be demolished if the Convention Center Hotel project is approved by referendum
in November.
Rather than incurring new costs for renting office space for City departments we are
looking at recapturing office space that is currently leased to private tenants in City
owned buildings. Care Resource (Tenant) is the only private office tenant in the 1701
Meridian Avenue office building, as all other offices are currently occupied by City
departments or quasi-city entities such as the Miami Beach Visitor and Convention
Authority (MBVCA) and State Representative Richardson. lt makes sense to recapture
this space for City use since it is on the City Hall campus instead of paying rent for
private office space. lt is also important to note that the Administration expects office
rents in the immediate area of City Hall to increase after the Convention Center
renovation is completed, which could increase the expense for the City to rent private
office space.
Subsequent to said Courtesy Notice, Tenant requested the City reconsider its position
and extend the term of the lease due to the important public service Tenant provides to
the HIV and LGBT community. Upon further discussions, the Administration negotiated
a new lease for an initial term of one (1) year, commencing October 1,2015 and ending
September30,2016, with one (1) renewal option (at City's option) forone (1) additional
year. The additional time will allow Tenant sufficient time to find alternate office space
and relocate.
Under the current Lease, Tenant is paying an annual base rent of $32.58 per square
foot, on a triple net basis. Additionally, Tenant pays $6.90 PSF for operating expenses
which consist of $6.00 PSF for common area maintenance expenses and $0.90 pSF for
insurance.
The proposed new lease includes a three percent (3%) increase in the base rent.
Accordingly, the base rent is $33.56 per square foot, on a triple net basis. Additionally,
the operating expenses are $6.90 PSF, which consist of $6.00 pSF for common area
maintenance expenses and $0.90 PSF for insurance.
The basic terms and conditions of the new lease are as follows:
Size:Approximately 1,926 rentable square feet
668
Gonstruction
Allowance:
Commission Memorandum
Community A/DS Resource, lnc. - New Lease Agreement
Octoberl4,2015
Page 3 of 3
lnitia! Term:One (1) year commencing October 1, 2015 and ending September
30, 2016.
Renewal Option: So long as Tenant has never been in an uncured default of the
Lease, upon providing Landlord sixty (60) days prior written
notice, Tenant shall have one (1) renewal option (at City's option)
for a period of one (1) year.
Base Rental Rate: $33.56 PSF Triple Net, plus applicable sales tax.
lncreases:The Base Rental Rate shall be increased by three percent (3%)
for the renewal term, if approved by the City Manager.
Security Deposit: Existing security deposit of $8,377.99.
Lease Basis:Triple Net - Tenant shall pay its proportionate share of the costs of
common area maintenance expenses and insurance (currently
estimated at $6.90 PSF).
Tenant shall accept the Premises in "as-is" condition.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
At the October 5,2015 Finance and Citywide Projects Committee (FCWPC) meeting,
the Administration presented the terms and conditions set forth above. At the meeting,
Tenant requested a longer initial term than the one (1) year term proposed by the
Administration. The FCWPC discussed approving a new Lease Agreement with Tenant,
for a term of one (1) year, with one (1) renewal option (at City's option) for one (1)
additional year. The FCWPC also discussed agreeing to a longer initial term and
recommended that the matter be referred to the City Commission for consideration and
approval.
CONCLUSION AND RECOMMENDATTON
The Administration recommends in favor of executing a new lease agreement with
Community Aids Resource, lnc. (dlbla Care Resource), in accordance with the above
stipulated terms and conditions, for an term of one (1) year, with one (1) renewal option
(at City's oplip.n) for one (1) additional year.
i'-'J^"*#/&'WaExhibits:
Courtesy Notice
T:\AGENDA\2015\October\TCED\Care Resource\Care Resource MEMO (10-14-'1S).docx
669
Exhibit A
670
I.e, ^-.
------
=:r- {' ,' i
?-).1 ,,ll,.i -_ ,
Clry of illomi Beoch, lT0OConvenlion Cenler Driva, Miomi Beoch, Fl.33139, www.miomibeochfl.gov
TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT
Office of Real Estate
Tel: 305-673-71 93 / Fax: 786-3944539
March 30, 2015
Mr. Rick Siclari Via Gertified MailCEO Return Receipt Requested
Community AIDS Resource, lnc. No.70051820000711157311
3510 Biscayne Boulevard, Suite 300
Miami, Florida 33137
Re: Lease Agreement by and between the City of Miami Beach (the "Landlord") and
Community Aids Resource, lnc. d/b/a Gare Resource (the "Tenant"), dated
September 9, 2009 (the "Lease Agreement"), as amended by the Firct Amendment
to Lease Agreement, dated March 18, 2013 (the "First Amendment), for Glty-owned
property located at 1701 Meridian Avenue, Suite 400, Miami Beach, Florida 33139
(the "Demised Premises")
Dear Rick,
Please be advised, the above referenced Lease Agreement is scheduled to expire on September
30, 2015. This letter shall serve as a courtesy notice that the City does not intend to extend the
term of the Lease Agreement beyond September 30, 2015 due to our need to utilize the space for
internal purposes.
Accordingly, please make arrangements to vacate the Demised Premises no later than
September 30, 2015.
We appreciate your tenancy over the years and apologize for any inconvenience this may cause.
Please let me know if you have any questions or if I can provide you with any additional
information. I may be reached at (305) 673-7000 ext 8143.
Sincerely,
),/wh4M
Mark M. Milisits, RPA
Asset Manager
F:\RHCD\$ALL\ECON\$ALL\ASSETV77-'l7lh Street\Gershman\Non-Renewal Letter (3-20-15).docx
671
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY
GLERK TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND COMMUNITY
AIDS RESOURCE, rNC. (DtBtN CARE RESOURCE) (TENANT), FOR THE USE
OF APPROXIMATELY 1,926 SQUARE FEET OF CITY.OWNED PROPERTY,
LOCATED AT 1701 MERIDIAN AVENUE, SUITE 4OO, MIAMI BEACH, FLORIDA
(PREMISES), FOR A TERM OF ONE (1) YEAR, WITH ONE (1) RENEWAL
oPTtoN (AT CtTY',S OPTTON) FOR ONE (1) ADDTTTONAL YEAR.
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution No.
2009-27187 approving a lease agreement between the City and Klara Gershman M.D. PA, for the
use of approximately 1,926 square feet of City-owned property, located at 1701 Meridian Avenue,
Suite 400, Miami Beach, Florida, to be used for the sole purpose(s) of operating a medical clinic
and related services; and
WHEREAS, the lease contained an initial term of three (3) years, commencing October 1,
2009 and ending September 30,2012, with one (1) renewal option for an additional three (3)
years; and
WHEREAS, on March 18,2013, Klara Gershman M.D. PA exercised its sole renewal option
for a period of three (3) years, commencing October 1 , 2012 and ending September 30, 2015 and,
simultaneously with said renewal, Klara Gershman M.D. PA assigned the lease to Community
Aids Resource, lnc. (dlbla Care Resource) (Tenant); and
WHEREAS, on March 30, 2015, the City provided a courtesy notice to Tenant advising them
their lease was scheduled to expire on September 30, 2015 and, due to the City's internal office
space needs, the City did not intend to extend the term; and
WHEREAS, subsequent to said courtesy notice, Tenant requested the City reconsider its
position and extend the term of the lease due to the important public service Tenant provides to
the HIV and LGBT community; and
WHEREAS, upon further discussions, the Administration negotiated a new lease with Tenant,
foran initial term of one (1) year, commencing October 1,2015 and ending September30,2016,
with one (1) renewal option (at City's option) for one (1) additional year; and
WHEREAS, the Administration submitted the agreed upon terms and conditions to the
Finance and Citywide Projects Commission Committee (FCWPC) at its October 5,2015 meeting,
and the Administration recommended approving a new lease agreement with Tenant, containing
the following essential terms:
Size:
lnitial Term:
Approximately 1,926 rentable square feet
One (1) year commencing October 1,2015 and ending September 30,
2016.
672
Renewal Option: So long as Tenant has never been in an uncured default of the Lease, upon
providing Landlord written notice sixty (60) days prior to the expiration of the
lnitial Term, Tenant shall have one (1) renewal option (at City's option) for a
period of one (1) year.
Base Renta! Rate: $33.56 Triple Net, per rentable square foot, plus applicable sales tax.
lncreases:The Base Rental Rate shall be increased by three percent (3%) for the
renewalterm, if approved by the City Manager.
Security Deposit: Existing security deposit of $8,377.99.
Lease Basis:Triple Net - Tenant shall pay its proportionate share of the costs of common
area maintenance expenses and insurance (currently estimated at $6.90
PSF).
Tenant shall accept the Premises in "as-is" condition.Construction
Allowance:
WHEREAS, the FCWPC discussed approving a new Lease Agreement with Tenant, for a term
of one (1) year, with one (1) renewal option (at City's option), for one (1) additional year, as well as
the possibility of a longer initial term, and, without making a recommendation, directed the
Administration to submit the item to the City Commission for consideration and approval; and
WHEREAS, the Administration recommends the approval of a new lease agreement,
containing the essential terms outlined in this Resolution, substantially in the form attached hereto
as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission,
following a duly advertised public hearing, hereby waive, by 5/7ths vote, the competitive bidding
requirement, finding such waiver to be in the best interest of the City; and approve and authorize
the Mayor and City Clerk to execute a lease agreement, substantially in the form attached to this
Resolution as Exhibit "A", between the City and Community AIDS Resource, lnc. (d/b/a Care
Resource) (Tenant), for the use of approximately 1,926 square feet of City-owned property, located
at 1701 Meridian Avenue, Suite 400, Miami Beach, Florida (Premises), for a term of one (1) year,
with one (1) renewal option (at City's option) for one (1) additional year.
PASSED and ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, Gity Glerk Philip Levine, Mayor
T:\AGENDA\2015\October\TCED\Care Resource\Care Resource RESO (10-14-1S).docx
673
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this _ day of ,n15,W
and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter
referred to as "City" or "Landlord"), and GOMMUNIw AIDS RESOURCE, lNc. (d/b/a Care
Resource), a Florida not-for-profit corporation, (hereinafter referred to as "Tenant").
1.Demised Premises.
The City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demises to the Tenant, and Tenant hereby leases and hires
from the City, those certain premises hereinafter referred to as the "Demised
Premises" and more fully described as follows:
Approximately 1,926 square feet of City-owned property (the
"Building"), located atl70l Meridian Avenue, Suite 400 (a.k.a. portion
of Unit 7), Miami Beach, Florida, 33139, and as more specifically
delineated in "Exhibit 1", attached hereto and incorporated herein.
Term.
Tenant shall be entitled to have and to hold the Demised Premises for an
initial term of one (1) year, commencing on the 1"t day of october, 2015 (the
"Commencement Date"), and ending on the 30tn day of September, 2016.
For purposes of this Lease Agreement, and including, without limitation,
Subsection 2.2 herein, a "contract year" shall be defined as that certain
period commencing on the lstday of october, and ending on the 30th day of
September.
Provided Tenant is in good standing and free from default(s) under Section
18 hereof, and upon written notice from Tenant, which notice shall be
submitted to the City Manager at least sixty (60) days prior to the expiration
of the initialterm, this Lease may be extended for one (1) additionalone (1)
year renewal term. Any extension, if approved, shall be memorialized in
writing and signed by the parties hereto (with the City hereby designating the
City Manager as the individual authorized to execute such extensions on its
behalf).
ln the event that the City Manager determines, in his sole discretion, not to
extend or renew this Lease Agreement (upon expiration of the initialterm or
any renewal term), the City Manager shall notify Tenant of same in writing,
which notice shall be provided to Tenant within fifteen (15) business days of
the City Manager's receipt of Tenant's written notice.
EXHIBITlk
2.
2.1
2.2
674
3.
3.1
Rent.
3.1.1
3.1.2
3.1.3
3.2.1
3.2
Base Rent:
Base Rent for the Demised Premises shall begin to accrue on the
Commencement Date.
Throughout the Term herein, the Base Rent for the Demised
Premises shall be Sixty Four Thousand Six Hundred Thirty Six Dollars
and 56/100 ($64,636.56) peryear, payable in monthly installments of
Five Thousand Three Hundred Eighty Six Dollars and 38/100
($5,386.38), commencing on the Commencement Date and,
thereafter, on each first day of subsequent months.
Concurrent with the payment of the Base Rent, Tenant shall also
include any and all additional sums for all applicable sales and use
tax, now or hereafter prescribed by Federal, State or local law.
The Base Rent amount pursuant to this Section 3.1 shall be
increased by three percent (3%) for the renewal term, if renewal term
is approved by the City Manager.
Additional Rent:
In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
Operatinq Expenses:
Tenant shall pay Nine Hundred Sixty Three Dollars and 00/100
($963.00) per month, for its proportionate share of "Operating
Expenses" which are defined as follows:
"Operating Expenses" shall mean the following costs and expenses
incurred in operating, repairing, and maintaining the Common
Facilities (as hereinafter defined) and shall include, without limitation,
electric service, water service to the Building, sewer service to the
Building, trash removalfrom the Building, costs incurred forgardening
and landscaping, repairing and maintaining elevator(s), painting,
janitorial services (except for areas within the Demised Premises),
lighting, cleaning, striping, policing, removing garbage and other
refuse and trash, removing ice and snow, repairing and maintaining
spri n kler systems, water pipes, ai r-cond ition ing systems, temperature
control systems, and security systems, fire alarm repair and
maintenance and other equipment in the common areas and the
exterior and structural portions of the Building, paving and repairing,
patching and maintaining the parking areas and walkways, and
cleaning adjacent areas, management fees and the City's
employment expenses to employees furnishing and rendering any
services to the common areas, together with an additional
administration charge equal to fifteen percent (1s%) of all other
expenses included in the annualcommon area expenses, provided by
675
3.2.2
3.2.3
the City for the common or joint use and/or benefit of the occupants of
the Building, their employees, agents, servants, customers and other
invitees.
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or for the
benefit of Tenant and/or its employees, agents, servants, volunteers,
customers, guests and/or invitees.
Tenant agrees and understands that the costs incurred for Operating
Expenses may increase or decrease and, as such, Tenant's pro-rata
share of Operating Expenses shall increase or decrease accordingly.
Propertv Taxes:
The Property Tax Payment shall be payable by Tenant, in accordance
with Section 11 herein. The Property Tax Payment for Property Tax
Year 2009 is estimated atZero Dollars ($0.001. Notwithstanding the
preceding sentence, the City makes no warranty or representation,
whether express or implied, that the Historic City Hall building, the
Land, and/or the Demised Premises will not be subject to ad valorem
(or other) taxes in subsequent years.
lnsurance:
The Additional Rent shallalso include Tenant's pro-rata share toward
estimated insurance costs incurred to insure the whole of the Building,
payable in monthly installments of One Hundred Forty Four Dollars
and 451100 ($144.45). This insurance coverage is in addition to the
insurance required pursuant to Section 10, which shall be obtained at
Tenant's sole expense and responsibility.
Sales Taxes:
Concurrent with the payment of the Base Rent and Additional Rent as
provide herein, Tenant shall also pay any and all sums for all applicable
tax(es), including without limitation, sales and use taxes and property Taxes,
imposed, levied or assessed against the Demised Premises, or any other
charge or payment required by any governmental authority having jurisdiction
there over, even though the taxing statute or ordinance may purport to
impose such tax against the City.
Enforcement.
Tenant agrees to pay the Base Rent, Additional Rent, and any other
amounts as may be due and payable by Tenant under this Agreement, at the
time and in the manner provided herein, and should said rents and/or other
additional amounts due herein provided, at any time remain due and unpaid
for a period of fifteen (15) days after the same shall become due, the city
may exercise any or all options available to it hereunder, which options may
be exercised concurrently or separately, or the city may pursue any other
remedies enforced by law.
3.3
3.4
3
676
4.Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the following
address:
City of Miami Beach
Revenue Manager
1700 Convention Center Drive, 3'd Floor
Miami Beach, Florida 33139
or at such other address as the City may, from time to time, designate in writing.
Parkinq.
Tenant may request, from the City's Parking Department, the use of no more than
four (4) parking spaces, if available, at Municipal Parking Garage G2located on 17th
Street and Meridian Court. Rates for said spaces are subject to change, and are
currently One Hundred and 00/100 Dollars ($100.00) Dollars per month, plus
applicable sales and use tax per space.
Securitv Deposit.
Upon execution of this Agreement Tenant shall furnish the City with a Security
Deposit, in the amount of Eight Thousand Three Hundred Seventy Seven Dollars
and 99/100 ($4,327.99). Said Security Deposit shall serve to secure Tenant's
performance in accordance with the provisions of this Agreement. ln the event
Tenant fails to perform in accordance with said provisions, the City may retain said
Security Deposit, as well as pursue any and all other legal remedies provided
herein, or as may be provided by applicable law.
The parties agree and acknowledge that the foregoing condition is intended to be a
condition subsequent to the City's approval of this Agreement. Accordingly, in the
event that Tenant does not satisfy the aforestated, then the City Manager or his
designee may immediately, without further demand or notice, terminate this
Agreement without being prejudiced as to any remedies which may be available to
him for breach of contract.
Use and Possession of Demised Premises.
The Demised Premises shall be used by the Tenant solely for the purpose(s)
of operating a medical clinic and related services. Said Premises shall be
open for operation a minimum of five (5) days a week, with normal hours of
operation being as follows:
Monday - Friday:9:00 AM to 5:00 PM
Tenant shall not othenrvise modify the days or hours of operation without the
priorwritten approvalof the City Manager. Nothing herein contained shallbe
construed to authorize hours contrary to the laws governing such operations.
5.
6.
7.
7.1
4
677
7.2 It is understood and agreed that the Demised Premises shall be used by the
Tenant during the Term of this Agreement only for the above
purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever.
Tenant will not make or permit any use of the Demised Premises that,
directly or indirectly, is forbidden by law, ordinance orgovernment regulation,
or that may be dangerous to life, limb or property. Tenant may not commit
(nor permit) waste on the Demised Premises; nor permit the use of the
Demised Premises for any illegal purposes; nor commit a nuisance on the
Demised Premises. !n the event that the Tenant uses the Demised Premises
(or othenntise allows the Demised Premises to be used) for any purpose(s)
not expressly permitted herein, or permits and/orallows any prohibited use(s)
as provided herein, then the City may declare this Agreement in default
pursuant to Section 18 or, without notice to Tenant, restrain such improper
use by injunction or other legal action.
Improvements.
Tenant accepts the Demised Premises in their present "AS lS" condition
and may construct or cause to be constructed, such interior and exterior
improvements and maintenance to the Demised Premises, as reasonably
necessary for it to carry on its permitted use(s), as set forth in Section 7;
provided, however, that any plans for such improvements shall be first
submitted to the City Managerfor his priorwritten consent, which consent, if
granted at all, shall be at the City Manager's sole and absolute discretion.
Additionally, any and all approved improvements shall be made at Tenant's
sole expense and responsibility. All permanent (fixed) improvements to the
Demised Premises shall remain the property of the City upon termination
and/or expiration of this Agreement. Upon termination and/or expiration of
this Agreement, all personal property and non-permanent trade fixtures may
be removed by the Tenant from the Demised Premises, provided that they
can be (and are) removed without damage to the Demised Premises. Tenant
will permit no liens to attach to the Demised Premises arising from,
connected with, or related to the design and construction of any
improvements. Moreover, such construction shall be accomplished through
the use of licensed, reputable contractors who are acceptable to the City.
Any and all permits and or licenses required for the installation of
improvements shall be the sole cost and responsibility of renant.
Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations or
additions made by Tenant to or in the Demised Premises shall, upon written
demand by the city Manager, be promptly removed by Tenant, at its
expense and responsibility, and Tenantfurther hereby agrees, in such event,
to restore the Demised Premises to their original condition prior to the
Commencement Date of this Agreement.
The above requirements for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of this
Subsection 8.3 only, shall also include improvements as necessary for
8.
8.1
8.2
8.3
678
Tenant's maintenance and repair of the Demised Premises) which do not
exceed Five Hundred ($500.00) Dollars, provided that the work is not
structural, and provided that it is permitted by applicable law.
9. Citv's Riqht of Entrv.
9.1 The City Manager, and/or his authorized representatives, shall have the right
to enter upon the Demised Premises at all reasonable times for the purpose
of inspecting same; preventing waste; making such repairs as the City may
consider necessary; and for the purpose of preventing fire, theft or
vandalism. The City agrees that, whenever reasonably possible, it shall use
reasonable efforts to provide notice (whether written or verbal), unless the
need to enter the Demised Premises is an emergency, as deemed by the
City Manager, in his sole discretion, which if not immediately addressed
could cause property damage, loss of life or limb, or other injury to persons.
Nothing herein shall imply any duty on the part of the City to do any work that
under any provisions of this Agreement the Tenant may be required to
perform, and the performance thereof by the City shall not constitute a
waiver of the Tenant's default.
9.2 !f the Tenant shall not be personally present to open and permit entry into
the Demised Premises at any time, for any reason, and any entry thereon
shall be necessary or permissible, the City Manager, and/or his authorized
representatives, may enter the Demised Premises by master key, or may
forcibly enter the Demised Premises without rendering the City or such
agents liable therefore.
9.3 Tenant shall furnish the City with duplicate keys to all locks including exterior
and interior doors prior to (but no later than by) the Commencement Date of
this Agreement. Tenant shall not change the locks to the Demised Premises
without the prior written consent of the City Manager, and in the event such
consent is given, Tenant shall furnish the City with duplicate keys to said
locks in advance of their installation.
10. Tenant's Insurance.
10.1 Tenant shall, at its sole expense and responsibility, complywith all insurance
requirements of the City. lt is agreed by the parties that Tenant shall not
occupy the Demised Premises until proof of the following insurance
coverages have been reviewed and approved by the City's Risk Manager:
10.1.1 Comprehensive General Liability, in the minimum amount of One
Million ($1,000,000) Dollars (subject to adjustment for inflation) per
occurrence for bodily injury and property damage. The city of Miami
Beach must be named as an additional insured on this policy.
Workers Compensation and Employers Liability coverage in
accordance with Florida statutory requirements.
10.1.2
679
10.2
10.1.3 All-Risk property and casualty insurance, written at a minimum of
eighty (80%) percent of replacement cost value and with replacement
cost endorsement, covering all leasehold improvements installed in
the Demised Premises by or on behalf of Tenant and including
without limitation all of Tenant's personal property in the Demised
Premises (including, without limitation, inventory, trade fixtures, floor
coverings, furniture, and other property removable by Tenant under
the provisions of this Agreement).
Proof of these coverages must be provided by submitting originalcertificates
of insurance to the City's Risk Manager and Asset Manager respectively. All
policies must provide thirty (30) days written notice of cancellation to both the
City's Risk Manager and Asset Manager (to be submitted to the addresses
set forth in Section 27 hereof). All insurance policies shall be issued by
companies authorized to do business under the laws of the State of Florida
and must have a rating of B+:Vl or better per A.M. Best's Key Rating Guide,
latest edition, and certificates are subject to the approval of the City's Risk
Manager.
Propertv Taxes and Assessments.
For the purposes of this Section and other provisions of this Agreement:
The term "Property Taxes" shall mean (i) real estate taxes, assessments,
and special assessments of any kind which may be imposed upon the
Demised Premises, and (ii) any expenses incurred by the City in obtaining a
reduction of any such taxes or assessments.
The term "Property Tax Year" shall mean the period of twelve (12) calendar
months, beginning on January 1t'of each year.
Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such
Property Tax Year an amount ("Property Tax Payment") equar to Tenant's
pro-rata share of Property Taxes (if any) for such Property Tax Year; said
pro-rata share to be determined by the City based upon the ratio of the
Demised Premises to the tax lot. lf a Property Tax Year ends after the
expiration or termination of the term of this Agreement, the Property Tax
Payment therefore shall be prorated to correspond to that portion of such
Property Tax Year occurring within the term of this Agreement. The Property
Tax Payment shall be payable by Tenant immediately upon receipt of notice
from the City. A copy of the tax bill(s) or other evidence of such taxes issued
bythe taxing authorities, togetherwith the City's computation of the Property
Tax Payment, will be made available to Tenant once received from the taxing
authorities, if requested by Tenant. Tenant shall pay any difference in the
amount between the estimated property taxes and the actual property taxes
to the City immediately, upon receipt of request for said payment from the
City. Notwithstanding anything to the contrary in this Lease, if the Demised
Premises is assessed real estate taxes, solely as a result of Tenant's use of
the premises, Tenant shall be solely responsible for the total real estate tax
assessment.
11.
11.1
11.2
11.3
680
12. Assiqnment and Sublettinq.
Tenant shall not have the right to assign or sublet the Demised Premises, in whole
or in part, without the prior written consent of the City Manager, which consent, if
granted at all shall be at the City Manager's sole and absolute discretion. Such
written consent is not a matter of right and the City is not obligated to give such
consent. lf granted as provided herein, the making of any assignment or sublease
will not release Tenant from any of its obligations under this Agreement.
13.
13.1
13.2
13.3
Operation, Maintenance and Repair.
Tenant shall be solely responsible forthe operation, maintenance and repairof the Demised Premises. Tenant shall, at its sole expense and
responsibility, maintain the Demised Premises, and all fixtures and
appurtenances therein, and shall make all repairs thereto, as and when
needed, to preserve them in good working order and condition. Tenant shall
be responsible for all interior walls and the interior and exterior of all windows
and doors, as well as immediate replacement of any and all plate glass or
other glass in the Demised Premises which may become broken, using glass
of the same or better quality.
The City shall be responsible for the maintenance of the roof, the exterior of
the Building, all heating/ventilation/air conditioning (HVAC) equipment
servicing the Demised Premises, the structuralelectricaland plumbing (other
than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s)
and toilet(s) fixture(s), within the Demised Premises), the common areas and
the chilled water supply system. The City shall maintain and/or repair those
items that it is responsible for, so as to keep same in proper working
condition.
All damage or injury of any kind to the Demised Premises, and inctuding
without limitation its fixtures, glass, appurtenances, and equipment (if any),
or to the building fixtures, glass, appurtenances, and equipment, if any,
except damage caused by the gross negligence and/or willful misconduct of
the City, shall be the sole obligation of Tenant, and shall be repaired,
restored or replaced promptly by Tenant, at its sole expense and to the
satisfaction of the City.
Allof the aforesaid repairs, restorations and replacements shall be in quality
and class equal to or better than the original work or installations and shall
be done in good and workmanlike manner.
lf Tenant fails to make such repairs or restorations or replacements, the
same may be made by the city, at the expense of renant, and all sums
spent and expenses incurred by the City shall be collectable by the City and
shall be paid by Tenant within three (3) days after submittal of a bill or
statement therefore.
13.4
681
13.5
13.6
13.7
It shall be Tenant's sole obligation and responsibility to insure that any
renovations, repairs and/or improvements made by Tenant to the Demised
Premises comply with all applicable building codes and life safety codes of
govern mental a uthorities having j u risd iction.
Tenant Responsibilities for Utilities (not included within Operatino Expenses'r.
Tenant is solely responsible for, and shall prompfly pay when due, all
charges and impact fees for any and all utilities for the Demised Premises
Nor included as an operating Expense (pursuant to subsection 3.2.1).
!n addition to other rights and remedies hereinafter reserved to the City, upon
the failure of Tenant to pay for such utility services (as contemplated in this
subsection 13.6) when due, the City may elect, at its sole discretion, to pay
same, whereby Tenant agrees to promptly reimburse the City upon demand.
ln no event, however, shall the city be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services to
the Demised Premises.
TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS"
CONDITION.
15.
14. Governmental Requlations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of fire, all at Tenant's own expense and responsibility.
Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may
be imposed because of the failure of Tenant to comply with this Section, and shail
indemnify and hold harmless the City from all liability arising from each non-
compliance.
Liens.
Tenant will not permit any mechanics, laborers, or materialman's tiens to stand
against the Demised Premises or improvements for any labor or materials to Tenant
or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants,
in connection with work of any character performed or claimed to have performed
on said Premises, or improvements by or at the direction or sufferance of the
Tenant; provided however, Tenant shall have the right to contest the validity or
amount of any such lien or claimed lien. ln the event of such contest, Tenant shall
give the City reasonable security as may be demanded by the City to insure
payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or
improvements by reasons of such non-payment. Such security need not exceed one
and one half (1%) times the amount of such lien or such claim of lien. Such security
shall be posted by Tenant within ten (10) days of written notice from the City, or
682
16.
17.
Tenant may "bond off' the lien according to statutory procedures. Tenant will
immediately pay any judgment rendered with all proper costs and charges and shall
have such lien released or judgment satisfied at Tenant's own expense.
I ntentionally Omitted.
Condemnation.
lf at any time during the Term of this Agreement (including any renewal term
hereunder) all or any part or portion of the Demised Premises is taken,
appropriated, or condemned by reason of Eminent Domain proceedings,
then this Agreement shall be terminated as of the date of such taking, and
shall thereafter be completely null and void, and neither of the parties hereto
shall thereafter have any rights against the other by reason of this
Agreement or anything contained therein, except that any rent prepaid
beyond the date of such taking shall be prorated to such date, and Tenant
shall pay any and all rents, additional rents, utility charges, and/or other costs
for which it is liable under the terms of this Agreement, up to the date of such
taking.
Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of any award made to the City in any such Eminent Domain
proceeding, excepting, however, Tenant shall have the right to claim and
recover from the condemning authority, but not from the City, such
compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to Tenant's business
by reasons of the condemnation and for or on account of any cost or loss
which Tenant might incur in removing Tenant's furniture and fixtures.
18. Default.
18.1
17.1
17.2
18.1 .1
18.1.2
18.1 .3
Default by Tenant:
At the City's option, any of the following shall constitute an Event of Default
under this Agreement:
The Base Rent, Additional Rent, or any other amounts as may be due
and payable by Tenant under this Agreement, or any installment
thereof, is not paid promptly when and where due within fifteen (15)
days of due date, and Tenant shall not have cured such failure within
five (5) days after receipt of written notice from the City specifying
such default;
The Demised Premises shall be deserted, abandoned, or vacated;
Tenant shall fail to comply with any material term, provision, condition
or covenant contained herein otherthan the payment of rent and shall
not cure such failure within thirty (30) days after the receipt of written
notice from the city specifying any such default; orsuch longer period
of time acceptable to the City, at its sole discretion;
10
683
19. Riqhts on Default.
19.1 Rishts on Default:
ln the event of any default by Tenant as provided herein, City shall have the
option to do any of the following, in addition to and not in limitation of, any
other remedy permitted by law or by this Agreement;
18.1.4
18.1 .5
18.1.6
18.1.7
18.1 .8
18.1.9
19.1.1
19.1.2
Receipt of notice of violation from any governmental authority having
jurisdiction dealing with a law, code, regulation, ordinance or the like,
which remains uncured for a period of thirty (30) days from its
issuance, or such longer period of time as may be acceptable and
approved in writing by the City Manager, at his sole discretion;
Any petition is filed by or against Tenant under any section or chapter
of the Bankruptcy Act, as amended, which remains pending for more
than sixty (60) days, or any other proceedings now or hereafter
authorized by the laws of the United States or of any state for the
purpose of discharging or extending the time for payment of debts;
Tenant shall become insolvent;
Tenant shall make an assignment for benefit of creditors;
A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter; or
The leasehold interest is levied on under execution.
Terminate this Agreement, in which event renant shall immediately
surrender the Demised Premises to the city, but if renant shall fail to
do so the City may, without further notice, and without prejudice to
any other remedy the City may have for possession or arrearages in
rent or damages for breach of contract, enter upon the Demised
Premises and expel or remove Tenant and its effects in accordance
with law, without being liable for prosecution or any claim for damages
therefore, and renant agrees to indemnify and hold harmless the city
for all loss and damage which the city may suffer by reasons of such
Agreement termination, whether through inability to re-let the Demised
Premises, or othenruise.
Declare the entire amount of the Base Rent and Additionar Rent
which would become due and payable during the remainder of the
term of this Agreement to be due and payable immediately, in which
event renant agrees to pay the same at once, together with all rents
therefore due, at the address of the city, as provided in the Notices
section of this Agreement; provided, however, that such payment
shall not constitute a penalty, forfeiture, or liquidated damage, but
shall merely constitute payment in advance of the rents for the
remainder of said term and such payment shall be considered,
11
684
19.1 .3
19.1.4
19.1 .5
19.1 .6
construed and taken to be a debt provable in bankruptcy or
receivership.
Enter the Demised Premises as the agent of Tenant, by force if
necessary, without being liable to prosecution or any claim for
damages therefore; remove Tenant's property there from; and re-let
the Demised Premises, or portions thereof, for such terms and upon
such conditions which the City deems, in its sole discretion, desirable,
and to receive the rents therefore, and Tenant shall pay the City any
deficiency that may arise by reason of such re-letting, on demand at
any time and from time to time at the office of the City; and for the
purpose of re-letting, the City may (i) make any repairs, changes,
alterations or additions in or to said Demised Premises that may be
necessary or convenient; (ii) pay all costs and expenses therefore
from rents resulting from re-letting; and (iii) Tenant shall pay the City
any deficiency as aforesaid.
Take possession of any personal property owned by Tenant on said
Demised Premises and sell the same at public or private sale, and
apply same to the payment of rent due, holding Tenant liable for the
deficiency, if any.
It is expressly agreed and understood by and between the parties
hereto that any installments of rent accruing under the provisions of
this Agreement which shall not be paid when due shall bear interest at
the maximum legal rate of interest per annum then prevailing in
Florida from the date when the same was payable by the terms
hereof, until the same shall be paid by Tenant. Any failure on the
city's behalf to enforce this section shall not constitute a waiver of
this provision with respect to future accruals of past due rent. No
interest will be charged for payments made within the grace period,
such grace period to be defined as within five (5) days from the due
date. ln addition, there will be a late charge of Fifty ($50.00) Dollars
for any payments submitted after the grace period.
If Tenant shall default in making any payment of monies to any
person or for any purpose as may be required hereunder, the City
may pay such expense but the City shall not be obligated to do so.
Tenant, upon the City's paying such expense, shall be obligated to
forthwith reimburse the city forthe amount thereof. All sums of money
payable by Tenant to the City hereunder shall be deemed as rent for
use of the Demised Premises and collectable bythe cityfrom Tenant
as rent, and shall be due from Tenant to the City on the first day of
the month following the payment of the expense by the City.
The rights of the city under this Agreement shall be cumulative but
not restrictive to those given by law and failure on the part of the City
to exercise promptly any rights given hereunder shall not operate to
waive or to forfeit any of the said rights.
19.1.7
12
685
19.2
19.3
20.
20.1
20.2
Default by Citv:
The failure of the City to perform any of the covenants, conditions and
agreements of this Agreement which are to be performed by the City and the
continuance of such failure for a period of thirty (30) days after notice thereof
in writing from Tenant to the City (which notice shall specify the respects in
which Tenant contends that the City failed to perform any such covenant,
conditions and agreements) shall constitute a default by the City, unless
such default is one which cannot be cured within thirty (30) days because of
circumstances beyond the City's control, and the City within such thirty (30)
day period shall have commenced and thereafter shall continue diligently to
prosecute all actions necessary to cure such defaults.
However, in the event the City fails to perform within the initialthirty (30) day
period provided above, and such failure to perform prevents Tenant from
operating its business in a customary mannerand causes an undue hardship
forTenant, then such failure to perform (regardless of circumstances beyond
its control) as indicated above, shall constitute a default by the City.
Tenant's Riqhts on Default:
If an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect
damages, including reasonable attorney fees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant shall be limited to the amount setforth in
Section 32 of this Agreement.
lndemnitv Aqainst Costs and Charqes.
Tenant shall be liable to the City for all costs and charges, expenses,
reasonable attorney's fees, and damages which may be incurred or
sustained by the City, by reason of Tenant's breach of any of the provisions
of this Agreement. Any sums due the City under the provisions of this item
shall constitute a lien against the interest of the Tenant and the Demised
Premises and all of Tenant's property situated thereon to the same extent
and on the same conditions as delinquent rentwould constitute a lien on said
premises and property.
If Tenant shall at any time be in default hereunder, and if the City shall deem
it necessary to engage an attorney to enforce the City's rights and Tenant's
obligations hereunder, Tenant will reimburse the City for the reasonable
expenses incurred thereby, including, but not limited to, court costs and
reasonable attorney's fees, whether suit be brought or not and if suit be
brought, then Tenant shall be liable for expenses incurred at both the trial
and appellate levels.
13
686
21.
21.1
lndemnification Aqainst Claims.
Tenant shall indemnify and save the City harmless from and against any and
all claims or causes of action (whether groundless or othenruise) by or on
behalf of any person, firm, or corporation, for personal injury or property
damage occurring upon the Demised Premises or upon any other land or
other facility or appurtenance used in connection with the Demised
Premises, occasioned in whole or in part by any of the following:
An act or omission on the part of Tenant, or any employee, agent,
contractor, invitee, guest, assignee, sub-tenant or subcontractor of
Tenant;
Any misuse, neglect, or unlaMul use of the Demised Premises by
Tenant, or any employee, agent, contractor, invitee, guest, assignee,
sub-tenant or subcontractor of Tenant;21.1.3 Any breach, violation, or non-performance of any undertaking of
Tenant under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised
Premises by Tenant or anyone holding or claiming to hold through or
under this Agreement.
21.2 Tenant agrees to pay all damages to the Demised Premises and/or other
facilities used in connection therewith, caused by Tenant or any employee,
agent, contractor, guest, or invitee of Tenant.
22. Siqns and Advertisinq.
Without the prior written consent of the City Manager, which consent, if given at all,
shall be at the City Manager's sole and absolute discretion, Tenant shall not permit
the painting and display of any signs, plaques, lettering or advertising material of
any kind on or near the Demised Premises. All additional signage shall comply with
signage standards established by the City and comply with all applicable building
codes, and any other municipal, County, State and Federal laws.
23. Effect of Conveyance.
The term "City" and/or "Landlord" as used in the Agreement means only the owner
for the time being of the land and building containing the Demised Premises, so that
in the event of any sale of said land and building, or in the event of a lease of said
building, the City shall be and hereby is entirely freed and relieved of all covenants
and obligations of the City hereunder, and it shall be deemed and construed without
further agreement between the parties, or between the parties and the purchaser at
such sale, or the lease of this building, that the purchaser or Tenant has assumed
and agreed to carry out all covenants and obligations of the City hereunder.
24. Damaqe to the Demised Premises.
lf the Demised Premises shall be damaged by the elements or other casualty
14
21.1.1
21.1.2
24.1
687
24.2
24.3
26.
26.1
25.
not due to Tenant's negligence, or by fire, but are not thereby rendered
untenantable, as determined by the City Manager, in his sole discretion, in
whole or in part, and such damage is covered by the City's insurance, if any,
(hereinafter referred to as "such occurrence"), the City, shall, as soon as
possible after such occurrence, utilize the insurance proceeds to cause such
damage to be repaired and the Rent (Base Rent and Additional Rent) shall
not be abated. If by reason of such occurrence, the Demised Premises shall
be rendered untenantable, as determined by the City Manager, in his sole
discretion, only in part, the City shall as soon as possible utilize the insurance
proceeds to cause the damage to be repaired, and the Rent meanwhile shall
be abated proportionately as to the portion of the Demised Premises
rendered untenantable; provided however, that the City shall promptly obtain
a good faith estimate of the time required to render the Demised Premises
tenantable and if such time exceeds sixty (60) days, either party shall have
the option of canceling this Agreement.
lf the Demised Premises shallbe rendered wholly untenantable by reason of
such occurrence, the City shall have the option, but not the obligation, in its
sole discretion, to utilize the insurance proceeds to cause such damage to be
repaired and the Rent meanwhile shall be abated. However, the City shall
have the right, to be exercised by notice in writing delivered to Tenant within
sixty (60) days from and after said occurrence, to elect not to reconstruct the
destroyed Demised Premises, and in such event, this Agreement and the
tenancy hereby created shall cease as of the date of said occurrence, the
Rent to be adjusted as of such date. lf the Demised Premises shall be
rendered wholly untenantable, Tenant shall have the right, to be exercised by
notice in writing, delivered to the City within thirty (30) days from and after
said occurrence, to elect to terminate this Agreement, the Rent to be
adjusted accordingly.
Notwithstanding any clause contained in this Section 24,if the damage is not
covered by the City's insurance, then the City shall have no obligation to
repair the damage, but the City shall advise Tenant in writing within thirty (30)
days of the occurrence giving rise to the damage and of its decision not to
repair, and the Tenant may, at any time thereafter, elect to terminate this
Agreement, and the Rent shall be adjusted accordingly.
Quiet Enjoyment.
Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be
evicted or disturbed in possession of the Demised Premises so long as Tenant
complies with the terms of this Agreement.
Waiver.
It is mutually covenanted and agreed by and between the parties hereto that
the failure of the City to insist upon the strict performance of any of the
conditions, covenants, terms or provisions of this Agreement, or to exercise
any option herein conferred, will not be considered or construed as a waiver
or relinquishment for the future of any such conditions, covenants, terms,
15
688
26.2
26.3
provisions or options but the same shall continue and remain in fullforce and
effect.
A waiver of any term expressed herein shall not be implied by any neglect of
the City to declare a forfeiture on account of the violation of such term if such
violation by continued or repeated subsequently and any express waiver
shall not affect any term otherthan the one specified in such waiver and that
one only for the time and in the manner specifically stated.
The receipt of any sum paid by Tenant to the city after breach of any
condition, covenant, term or provision herein contained shall not be deemed
a waiver of such breach, but shall be taken, considered and construed as
payment for use and occupation, and not as Rent, unless such breach be
expressly waived in writing by the City.
27. Notices.
The addresses for all notices required under this Agreement shall be as follows, or
at such other address as either party shall be in writing, notify the other:
LANDLORD:City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Rick Siclari, CEO
Community AIDS Resource, lnc.
3510 Biscayne Boulevard, Suite 300
Miami, Florida 33137
With copy to:
TENANT:
All notices shall be hand delivered and a receipt requested, or by certified mailwith
Return receipt requested, and shall be effective upon receipt.
28. Entire and Bindinq Aqreement.
This Agreement contains all of the agreements between the parties hereto, and it
may not be modified in any manner other than by agreement in writing signed by all
the parties hereto or their successors in interest. The terms, covenants and
conditions contained herein shall inure to the benefit of and be binding upon the City
and Tenant and their respective successors and assigns, except as may be
othenryise expressly provided in this Agreement.
29. ProvisionsSeverable.
lf any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances
16
689
30.
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
Captions.
The captions contained herein are forthe convenience and reference only and shall
not be deemed a part of this Agreement or construed as in any manner limiting or
amplifying the terms and provisions of this Agreement to which they relate.
Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders.
Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Tenant hereby
expresses its willingness to enter into this Agreement with Tenant's recovery from
the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.00. Accordingly, and notwithstanding any other term or condition
of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant
for damage in an amount in excess of $10,000.00 for any action or claim for breach
of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this Section or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Florida Statutes, Section 768.28.
Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the
City the Demised Premises, together with any and atl equipment, fixtures,
furnishings, appliances or other personal property, if any, located at or on the
Demised Premises and used by Tenant in the maintenance, management or
operation of the Demised Premises, excluding any trade fixtures or personal
property, if any, which can be removed without material injury to the Demised
Premises, free of all liens, claims and encumbrances and rights of others or broom-
clean, together'with allstructuralchanges, alterations, additions, and improvements
which may have been made upon the Demised Premises, in good order, condition
and repair, reasonable wear and tear excepted, subject, however, to the
subsequent provisions of this Section. Any property which pursuant to the provisions
of this Section is removable by Tenant on or at the Demised Premises upon the
termination of this Agreement and is not so removed may, at the option of the City,
be deemed abandoned by Tenant, and either may be retained by the City as its
property or may be removed and disposed of at the sole cost of the Tenant in such
manner as the City may see fit. lf the Demised Premises and personal property, if
any, be not surrendered at the end of the Term as provided in this Section, Tenant
shall make good the City alldamages which the City shall suffer by reason thereof,
and shall indemnify and hold harmless the City against all claims made by any
31.
32.
33.
17
690
34.
35.
succeeding tenant or purchaser, so far as such delay is occasioned by the failure of
Tenant to surrender the Demised Premises as and when herein required.
Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement shail
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by
either party with respect to the enforcement of any and all the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY
AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed Federal and State guidelines
have been found in buildings in Florida. Additionalinformation regarding Radon and
Radon testing may be obtained from your county Public Hearth Unit.
No Danqerous Materials.
Tenant agrees not to use or permit in the Demised Premises the storage and/or use
of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered
electricity producing generators, turpentine, benzene, naphtha, propane, natural
gas, or other similar substances, combustible materials, or explosives of any kind,
or any substance or thing prohibited in the standard policies of fire insurance
companies in the State of Florida. Any such substances or materials found within
the Demised Premises shall be immediately removed.
Tenant shall indemnify and hold the City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees,
incurred as a result of, arising from, or connected with the placement by Tenant of
any "hazardous substance" or "petroleum products" on, in or upon the Demised
Premises as those terms are defined by applicable Federal and State Statute, or
any environmental rules and environmental regulations promulgated thereunder.
The provisions of this Section 37 shallsurvive the termination orearlierexpiration of
this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
36.
37.
18
691
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicating their
agreement.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Signature
Print Name
Attest:COMMUNITY AIDS RESOURCE, INC.
Signature / Corporate Secretary Rick Siclari, Jr., CEO
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
T:\AGENDA\2015\October\TCED\Care Resource\Care Resource Lease Agreement (Final 1O-14-1S).doc
19
692
EXHIBIT 1
Demised Premises
11
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695
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Pursuant To Section
82-93(A) Of The City Code, To Consider Approving, After Second Reading And Public Hearing, A Revocable
Permit Request By Lincoln Centurion Retail, LLC., Located At 643-657 Lincoln Road, To Permit A Proposed
Awning That Projects Over The Public Right-Of-Way, With Dimensions Not To Exceed One Hundred Feet By
Nine Feet (100'X 9') Along The Sidewalk; And Finding That The Revocable Permit Meets The Criteria Of
Section 82-94. Of The Citv Code.
Data Environmental etc.): N/A
Item Sum
Financial lnformation :
Public Works is in receipt of a revocable permit application by Lincoln Centurion Retail, LLC., a Delaware
limited liability company authorized to do business in the state of Florida, the owner of .the property located at
643-657 Lincoln Road. The Applicant is proposing to remove an existing awning extending into the City's
right-of-way, and replace it with a cellular type cantilever awning.
At its July 8, 2014, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness for the
demolition of the existing structure and a Certificate of Appropriateness for the construction of a replacement
structure with a newer design. The proposed awning is to project over the sidewalk and is not to exceed the
revocable permit application request for a projection of one hundred feet in length by nine feet in width (100' x
e')
Pursuant to Section 82-93(a) of the City Code, the City Commission, at its September 30, 2015 meeting,
passed and adopted Resolution No. 2015-29139, authorizing the setting of a public hearing for October 14,
2015, to consider the request for a revocable permit and, additionally, in accordance with Section 82-93(b) of
the City Code, mailed notice of the public hearing has been provided to owners of land lying within 375 feet of
the existing permit area.
Public Works has analyzed the criteria contained in Sections 82-94 and believes the application to be
consistent with the criteria therein. Pursuant to Section 82-94, the City Commission is to review the
application to determine whether the revocable permit shall be granted or denied based upon existence of the
following criteria: The applicant's need is substantial; The applicant holds title to an abutting property; The
proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and
laws; 4. The grant of such application will have no adverse effect on governmental/utility easements and
uses on the property; 5. Alternatively: a). That an unnecessary hardship exists that deprives the applicant of
a reasonable use of the land, structure or building for which the revocable permit is sought arising out of
special circumstances and conditions that exist and were not self-created and are peculiar to the land,
structures or building involved and are not generally applicable to other lands, structures or buildings in the
same zoning district and the grant of the application is the minimum that will allow reasonable use of the land,
structures or building; or b).That the grant of the revocable permit will enhance the neighborhood andlor
community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting,
and improved security, 6. That granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by this afticle to other owner of land, structures or buildings subject to similar
conditions located in the same zoning district; and 7. That granting the revocable permit will be in harmony
with the general intent and purpose of this article, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. ln order to grant a
revocable permit, the city commission must make an affirmative finding with respect to each of the criteria set
forth above. These findings may be made by one motion addressed to all findings or, at the request of any
member of the commission, a finding or findings shall be considered separately. The conditions for the
revocable permit comply with the requirements of Section 82-95, as it relates to the terms and conditions for
the issuance of the permit, and conditions for its termination.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Source of
Funds:
Amount Account
,|
OBPI I Total
Financial lmpact Summary:
Agenda ltem&MIAMIBEACH 696
g MIAMIBEACH
City of Miqmi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA,TO SECTTON 82-93(A) OF THE CITY CODE, TO
CONSIDER APPROVING, AFTER SECOND READING AND PUBLIC HEARING, A
REVOCABLE PERMIT REQUEST BY LINCOLN CENTURION RETAIL, LLC.,
LOCATED AT 643.657 LINCOLN ROAD, TO PERMIT A PROPOSED AWNING THAT
PROJECTS OVER THE PUBLIC RIGHT.OF-WAY, WITH DIMENSIONS NOT TO
EXCEED ONE HUNDRED FEET BY NINE FEET (100',X g',) ALONG THE STDEWALK;
AND FINDING THAT THE REVOCABLE PERMIT MEETS THE CRITERIA OF
SECTION 82.94, OF THE CITY CODE.
BACKGROUND
Public Works is in receipt of a revocable permit application by Lincoln Centurion Retail, LLC., a
Delaware limited liability company authorized to do business in the state of Florida, the ownerof the
property located at 643-657 Lincoln Road. The Applicant is proposing to remove an existing awning
extending into the City's right-of-way, and replace it with a cellular type cantilever awning.
At its July 8,2014, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness
for the demolition of the existing structure and a Certificate of Appropriateness for the construction
of a replacement structure with a newer design. The proposed awning is to project over the
sidewalk and is not to exceed the revocable permit application request for a projection of one
hundred feet in length by nine feet in width (100'x 9').
Pursuant to Section 82-93(a) of the City Code, the City Commission, at its September 30, 2015
meeting, passed and adopted Resolution No, 2015-29139, authorizing the setting of a public
hearing for October 14,2015, to consider the request for a revocable permit and, additionally, in
accordance with Section 82-93(b) of the City Code, mailed notice of the public hearing has been
provided to owners of land lying within 375 feet of the existing permit area.
Public Works has analyzed the criteria contained in Sections 82-94 and believes the application to
be consistent with the criteria therein. Pursuant to Section 82-94, the City Commission is to review
the application to determine whether the revocable permit shall be granted or denied based upon
existence of the following criteria:
1. The applicant's need is substantial;
2. The applicant holds title to an abutting property;
Mayor Philip Levine and
Jimmy L. Morales, City
October 14,2015
City Commission
SECOND READING
PUBLIC HEAR!NG
697
Commission Memorandum - 643-657 Lincoln Road Revocable Permit
October 14, 2015
Page 2 of 2
3. The proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws;
4. The grant of such application will have no adverse effect on governmental/utility easements and
uses on the property;
5. Alternatively:a. That an unnecessary hardship exists that deprives the applicant of a reasonable
use of the land, structure or building forwhich the revocable permit is soughtarising out
of special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or building involved and are not generally applicable to
other lands, structures or buildings in the same zoning district and the grant of the
application is the minimum that will allow reasonable use of the land, structures or
building; or
b. That the grant of the revocable permit will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting, and improved security.
6. That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied by this article to other owner of land, structures or buildings subject to
similar conditions located in the same zoning district; and
7. That granting the revocable permit will be in harmony with the general intent and purpose of
this article, and that such revocable permit will not be injurious to surrounding properties, the
neighborhood, or othenr'rise detrimental to the public welfare. ln orderto grant a revocable permit,
the city commission must make an affirmative finding with respect to each of the criteria set forth
above. These findings may be made by one motion addressed to all findings or, at the request of
any member of the commission, a finding or findings shall be considered separately.
The conditions for the revocable permit comply with the requirements of Section 82-95, as it
relates to the terms and conditions for the issuance of the permit, and conditions for its
termination.
CONCLUSION
the Administration recommends approval of the revocable permit request
Attachments:
A. Letter of lntent
B. Opinion of Title and Policy
C. Survey Sketch and Legal Description
D. Existing and Proposed Canopy Design
E. Proposed Plans
JM\ErC\#BAM/EB
698
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93(a) OF THE CITY
CODE, TO CONSIDER APPROVING, AFTER SECOND READING AND PUBLIC
HEARING, A REVOGABLE PERMIT REQUEST BY LINCOLN CENTURION
RETAIL, LLC., LOCATED AT 643.657 LINCOLN ROAD, TO PERMIT A
PROPOSED AWNING THAT PROJECTS OVER THE PUBLIC RIGHT.OF.WAY,
WITH DIMENSIONS NOT TO EXCEED ONE HUNDRED FEET BY NINE FEET
(100'X 9') ALONG THE SIDEWALK; AND FINDING THAT THE REVOCABLE
PERMIT MEETS THE CRITERIA OF Section 82-94, OF THE CITY CODE.
WHEREAS, Public Works is in receipt of a revocable permit application by Lincoln Centurion
Retail, LLC., a Delaware limited liability company authorized to do business in the state of Florida,
the owner of the property located at 643-657 Lincoln Road (the "Property"); and
WHEREAS, the Applicant is proposing to remove an existing awning extending into the
City's right-of-way, and replace it with a cellular type cantilever awning; and
WHEREAS, at its July 8, 2014, the Historic Preservation Board (HPB) granted a Certificate
of Appropriateness for the demolition of the existing structure and a Certificate of Appropriateness
for the construction of a replacement structure with a newer design; and
WHEREAS, the proposed awning is to project over the sidewalk and is not to exceed the
revocable permit application request for a projection of one hundred feet in length by nine feet in
width (100'x 9'); and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission, at its
September 30,2015 meeting, passed and adopted Resolution No.2015-29139, authorizing the
setting of a public hearing for October 14,2015, to consider the request for a revocable permit and,
additionally, in accordance with Section 82-93(b) of the City Code, mailed notice of the public
hearing has been provided to owners of land lying within 375 feet of the existing permit area; and
WHEREAS, Public Works has analyzed the criteria contained in Sections 82-94 and
believes the application to be consistent with the criteria therein,
WHEREAS, to Section 82-94, the City Commission is to reviewthe application to determine
whether the revocable permit shall be granted or denied based upon existence of the following
criteria: (1) that the applicant's need is substantial; (2) that the applicant holds title to an abutting
property; (3) thatthe proposed improvements complywith applicable codes, ordinances, regulations,
neighborhood plans and laws; (4) that the grant of such application will have no adverse effect on
governmental/utility easements and uses on the property; (5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable
use of the land, structure or building forwhich the revocable permit is sought arising out
of special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or building involved and are not generally applicable to
other lands, structures or buildings in the same zoning district and the grant of the
application is the minimum that will allow reasonable use of the land, structures or
building; or
699
b. That the grant of the revocable permit will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting, and improved security.
(6) that granting the revocable permit requested will not confer on the applicant any special
privilege that is denied by this article to other owner of land, structures or buildings subject to
similar conditions located in the same zoning district; and (7) that granting the revocable permit
will be in harmony with the general intent and purpose of this article, and that such revocable
permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental
to the public welfare. ln order to grant a revocable permit, the city commission must make an
affirmative finding with respect to each of the criteria set forth above. These findings may be
made by one motion addressed to all findings or, at the request of any member of the
commission, a finding or findings shall be considered separately; and,
WHEREAS, the conditions forthe revocable permit complywith the requirements of Section
82-95, as it relates to the terms and conditions for the issuance of the permit, and conditions for its
termination.
WHEREAS, the Administration recommends approval of the revocable permit request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, thatthe Mayor and City Commission, pursuantto Section
82-93(a) of the City Code, to consider approving, after second reading and public hearing, a
revocable permit request by Lincoln Centurion Retail, LLC., located at 643-657 Lincoln Road, to
permit a proposed awning that projects over the public right-of-way, with dimensions not to exceed
one hundred feet by nine feet (100' x 9') along the sidewalk; and finding that the revocable permit
meets the criteria of Section 82-94, of the City Code.
PASSED and ADOPTED this 14th day of October,2015.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
,68,fSYiRStlB''
a ron EXECUTIoN
lo/u115-
T:\AGENDA\201S\October\PUBLIC WORKS\Revocable Permit 643-657 Lincoln- Reso.doc
700
Attachment - A
Lincoln Centurion Retall LLC
512 Seventh Avenue, 38th Floor
NewYork, NY 10018'
(212)204445A
June 15,2015
Vla Hand Delivery
City of MiamiBeach City Commission
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: 64ffi57 Lincoln Road- -Miemi-Beadh, F-L 33-1 41
Gentlemen and Ladies:
This letter is a-requesl for your approval of a revocable permit for a new canopy structure at the Lincoln
Road fagade of the referenced property, which will replacb an existing canopy siircture.
.Fgg"O on the requirements listed in Section 82-94 ot the City of Miami Beach Code of Ordinances"criteria for granting/denying revocable permits', the Applicant shall demonstrate:
(1) Thatthe applicant's need is substantial;
The applicant is replacing an existing awning structure with a new canopy shucture that will enhancethe Lincoln Road fagade of the commercial property. Granting of the rirvocable permit will allow for
the continued development of an urban neighborho6d, and harmoniously blend with the sunoundingpropertles.
(2) That the applicant hotds titte to an abutting property;
The applicant has provided copies of the title policy and boundary survey for the property.
(3) That . the proposed improvements comply with applicable codes, ordinances, regutations,
neighborhood plans and laws;
The appllcant has obtaineQ approval from the clty of Miami Beach Historic Preservation Board (File #
7439, July 2014), and a building permit (Permit# 81500230) forthe proposed improvements,
(4) That the grant of such application will have no adverse effect on governmenUutillty easements and
uses on the property;
Granting the request for a revocabte permit will not have adverse effect on easements or uses of theproperty.
(5) Altematively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land,' structure or building for which the revocable permit is soufnt arising out of special clrcumstancesand conditions that exist and were not self+reated and
-are pecu-liar to the land, structures or
building involved.aF al9. not generally applicable to other lands, structures or buitdings in the
same zoning district and the grant of the application is the minimum that will ailow reasonible use
of the land, structures or building; or;b. That th.e grant of the revocable permit will enhance the neighborhood andior community by such
amenities as, for example, enhanced landscaping, improved drainage, improved liglitinfi, and
improved security.
Not Applicable
701
Lincoln Centurion Retail LLC
512 Seventh Avenue, 38th Floor
NewYork, NY 10018
(212) 204-3450
June 15, 2015
City of Miami Beaoh City Commission
Re: 643$57 Lincoln Road, Miami Beach, FL 33139
Page2
(6) That granting the revocable permit requested will not confer on the applicant any special privilege that
is denied by this article to other owner of land, structures or buildings subject to similar conditions
located in the same zoning districl
Granting the revocable permit will not confer on the applicant any special privilege that is denied to
other owner of land, shuctures or buildings subject to simllar conditions located within the same
zoning districl ln fact, failure to grant the revocable permit rnay deprive ttre applicant of the ability to
develop the property in a manner consistent with similarly situated properties in the zoning district.
g) That granting the revocable permit will be in harmony with the general intent and purpose of this
article, and that such revocable permit will not be injurious to sunounding properties, the
nelghborhood, or otherutrise detrimental to the public welfare.
Granting the revocable permit will be in harmony with the general intent and purpose of the Code of
Ordinances, and will not be lnjurious to surrounding pioperties, the neighborhood, or othenvise
detrimental to the public welfare. The land development regulations encourage the implementation of
effective and equitable policies with respect to property owners. The proposed improvements of the
property will accomplish this goal by allowing a quality development, which may encourage a greater
number of patrons to this iconic Lincoln Road area.
Your kind consideration would be greatly appreciated.
Respectfulty,
,Qpc-
Albert M, Cohen
Member
Lincoln Centurion Retail LLC
702
Sanace/LlpsFry, rl
ValaeAdded Lauyerhryn
Attachment - B
BntAN Lourg LrPsHY, EgQ.
allo aourrt:D tx wArHtlletox D c
otnEcr NUUBEB| tc,,990.066(t X 20z
e uer r.r llp0y€d,lrw.cou
June I 1,2015
CityofMiami Beach
OIIice ofthe City Attomey
1700 Convention Center Drive,4s Floor
Miami Beach, Florida 33139
RE: Public works Permit Application of Lincoln centurion Retail, LLC, a
Delaware limited liability company for Lincoln Road.
Gentlemenl
We render this opinion as counsel to Lincotn Centurion Rotail, LLC, a Delaware limited
liability company, (hereinafter "!gE) ln connection with an examination of title with respect to
that certain rcal property descrlbed as;
See Exhibit "A" (the "Efgpgtg')
which is located in the City of Mtaml Beaclr" Florlda togethor with that portion of Lincoln
Road which is abutting the Property and which is the subjeot matter of.LCR's Public Wo*s
Permit Application (the "QiE EfgBgXg").
In rendering the opinion hereinafter set forth, we have examined, among other things,
deeds and other instruments filed of record in the Oflicial Records of Miarni0ade Counry,
Florida.
Except to the extent exprcssly set forth herein, we have not undertaken any independent
investigations nor have we conduded a physical inspectlon of the Property or the City Property
to determine the existence or absence of facts relating to the following matters which could alfect
litle to the Property, including;
201 N.E. Fint Avcnuc 'Delny Bcrch, Florlda 33444 ' 561.330.0660 . Fncslmilc 561.330.0610 . wrrywst-lawcom
703
ffi ##s#*FSFrY,rr
CityofMiami Beach
Office ofthe City Attomey
June I l,2015
Page 2
l. Problems of parties in possession (such as adverss possession).
2. Unresorded sasemenls, reseryations, licenses or other agreements or options.3. Unrecorded leases.4, Unfiled mechanic's liens.5. Access to the Property from public or private roads.6. Water availability or righu.7, Navigability of adjacent or included waters.8, Existense or charasteristics of particular kinds of improvemenu.9. Zoningor other exercise of governmental police power.
AccordinglS no inference as to our knowledge of the existence or absonce of facts
pcrtaining to such matten should be drawn from our opinlon
Based upon ard subject to the forrgoing ard to the qualifications, limitations and
exceptions conlained betow, it is our opinion that:
i) Fee simple title to the Property is vested in LCR by virtue of that certain special
waranty deed dated January 13,2014, filed for record in Officiat Records Book 2899I, at page
3378 of the Public Records of Miami Dade County, Flodda.
li) Titte to the City Properry is vested in the City of Miami Beach by virtue of:
A. Dedications appearing on the following plats:
1. Flsher's First subdivision of Alton Beach, according to the Plat therco{ as
, recorded in Plat Book 2, at Pagc ?'l of the Public Records of Mlami-Dade
County. Florida.2, Plat of Pine Ridge Subdivision of the Alton Beach Company, according ro
the Plat thcreof, as recorded in Plat Book 5, at Page 34 of the public
Records of Miami-Dade Coun8, Florida.3. Second Commercial Subdivision of the Alton Beach Company. according
to the Plat thereo{, as recorded in Plat Book 6, at Page 33 of the Public
Records of Miami'Dade County, Florida4. Lincoln Road Subdivision, according to the Plat thereof, as recorded in
Plat Book 34, at Page 66 of the Public Records of Miami0ade County,
704
SanacalllpsHy, rr
Val ue,! ddcd l-auyei ngil
City of Miami Beach
Office offte Ciry Attornoy
June I 1,2015
Page 3
5. ffi:fh, Plat of oolf Coune subdivision of tho Atton Beach Realty
lomp-a1y,-lccording to the Plat thereof, as recorded in Plat Book 5, at6 fiff'3#'J,Hlffi"ifl"ilgffii'ffi:J,Iy#i,,1l. to thc p,a,
thereof;, as recorded in Plat Book 4, at Page 102 of the Public Records of
Miami-Dade County, Florida.
7 . Alton Beash Company's Plat of Subdivision of West Half of Blocks 17,
40 altd 45, accotding to tho Plat theruof, as recorded in Plat Book 4, at
Pago 102 of the Public Records of Miami-Dade County, Florida.8. First Addition to Commerrcial Subdivision of the Alton Beach Company,
according to 0re Plat thereof, as reeorded in Plat Book 6, at Page 30 of the
Public Records of Miami-Dade County, Florida. Commelrial Subdivision
of the Altoh Beach Company. according to the Plat thereol as rccorded in
Plat Book 6, at Page 5 of the Publlc Records of Miami-Dade County,
Florida,9. Atton Beach Company's Plat of Subdivision of Block Forty-Four ofAfion
Beach Bay Front. according to the Plat thereo{, as rccorded in Plat Book 6,
at Page 166 of the Public Records of Miami-Dade County, Florida.l0' Alton Beach Company's Plat of Alton Beach Bay Front, according to the
Plat thereot as rccorded in plat Book 4, at page t25 of the public Records
of Miami-Dade County, Florid*
The foregoing dedications were formatly accepted by Miami-Dade County (formerly
known as Dade County) on January 12, 19@ by Dade County Resolution 4406 file for record in
Official Records Book l8M, at Page 501 of the Publlc Records of Miami.Dade County, Florida.
Even assurningfor the moment that Miami-Dade County was not the proper govemmontal entity
(gtven that the City of Miami Beach was incorporated in March, 1915i, ttie dedications should be
deemed completed based upon the foltowing:
i) As stated by the Florlda Supreme Court,
"When the owner of a tract of land makes a town plat thsreof, laying lhe same out
into blocks and lots, with lntervening streets, clearly indicated upon the plat,
separating the blocks, and conveys lots with rcference to such plat, he thercby
705
Sanaca/LrpsHy, rr
Yalwr{ddcd Lauycringn
City of Miami Beach
Office of the City Auorney
June 1t,2015
Page 4
evinces an intentlon to dedicate the streets to public use as such; ard his gmntces,
as against him and those claiming urdor him, acquire the dght to have such sueetg
kept open. This constitutes a complete dedication, and lhe strcets cannot be closed
up or obsElrcted, untress in pursuance of legal authority." .gee price.v,, stBttpx, 45
Fla. 535. 33 So. 6,'14 (1903)
ii). Florida Statute $ 95.361 (2) whioh provides that wherc a road has been
constnrcted and it cannot be determined who conshucted the road, and when such road
has been regularly mainrained or repalred for thc immediate past z years by a
municipality, such road shall be deemed to be dedicated to the public ro the oxtent of the
u,idth that nctually has been maintained or repaired for the prescribed period, whether or
not the mad has been formally established as a public hlghway. The dedication shall vesr
all rights, title, easement, and appurtena[c€s in and to fie mad in t]p municipality, if it is
a municipal sheet or road.
B. That certain Warranty Deed dated June 17, 1930 filed for record in Deed
Book 1388, at Page 155 of the Public Records of Miami-Dade county, Florida, as
affected by that certain Order dated August l3tzffi4,filed for record in Official Records
Book 22615, at Page 3014 of the Public Records of Miami-Dade county, Florida.
We advise you that in addition to the aforementioned exclusions, this opinion as to the
Prop"rty is subject to the following matters:
l, All matters appearing in Chicago Title lnsurance Company Owner's Policy of Title
Insurance Policy Number 36137-l-084132-010500-2014.7430609-90567931, a copy of which is
anached hereto and incorporated herein.
2, 2015 Rcal Estate Tanes which became a lien as of January l, 2015 and which sre not yet
due orpayable
Our opinion is striotly limlted to matters govemed by the taws of the State of Florida, and
we exPres, no opinion conccming the laws of other jurisdiction or compliance therewifir by any
party' This opinion is issued as of the due hereof with an effective date of and is necesiarity
706
Snnaca/LrPSlrY, rr,
lrofuc.{ddcd Lowytkgrs
City of Miami Beach
Office of the City Attorney
June I l, 2015
Page 5
limited to laws now In effect and fbcts and circumstances brought to our attention. Our opinion
is provided for yow benefit and may not be quoted ot relled upon by, nor copies delivered to, any
party other than you or LCR, rpr used for any other purposes wilhout our prior witt€n consent.
BLLjp
707
ExhlbitW
Lot ono (l) of Block one (t), of LINCOLN ROAD SLTBDryEION *Ao, of The Alron
Beach Realty Company, as lhe sarne is shown, marked and designated on a plat of said
subdivision, recorded in Plat Book No, 34, at Page 66 in the office of the Clerk of the
Circuit Court in and for Miami-Dado CounU, Florida; AISO thoso tands lrr Miami-Dade
County, Florida, describedl I follows:
From a concrete monument located at the inlersection of the West llrre of Jefferson
Avcnue--and-thc North line -on--Lincoln-Road;-as said -moRurnsnt.is-.shown -on-a-plat- -
entltled "Amended Plat of Golf Course Subdivision", as the same is resorded in irlat
Book 6, Page 26 of the Public Records of Miami - Dade County, Floridq rnore
particularly doscrlbed as being 1350' East and Tl0 feet North of the Southwest corner
of the Nw l/4 of Section 34, Township 53 South, Range 42 East, run Easterty along
the North line of Lincoln Road a distance of 794,20 feet to the Point of Beginning oi
the parccl of land hcrcin described; from said Point of Beginning run Northerly along
a line perpendicular to lhe last mentioned counn adlstance of 105 fcct to a point,said
polnt being 20 feet South of the Southerly line of the Municipal Golf Coursg in the
Ci$ of Miami Bcach, Floride thenoe run Easterly along a line parallel with the North
line of Lincoln Road a distance of 50 feet to a point, thence run Southerly along a line
perpendicular to the North line of Lincoln Road, a distance of 105 feei to f poht;
thence run Westerly along the North line of Lincoln Road a distance of 50 feet to the
Point ofBeginning ofthe parcel of land herein described.
708
clllcAOOTrrLr!
INSURANCECOMPANY
POLlOYl{O: t0p7-1.0841tz410500-20t4.2410609-9016293t
OWIIER'S POUCY OF TNLE INSURAI{CE
lsaued by
Chhago illb lneuranoe Compmy
Any.aotloeolaun udanyothernotlceorsa/tcnonllnwtllngnqulndto!t.lNf}Iloilnc/,npeny wdorthti Pothynu'i.tlgtvut
totheCotlnryty rldre addruc otovn ln fiecfion ltoltho Condlilonc,
cotEftEof,rsr(s
SUEJECT TO IT€ AOIIEION8 FROM @VEf,AGE, I}E EXCEPTIONS FSOU @\'ERAOE COITANEO N SCHEOI,,TE 8, ANO ru OOiIDIT'ilS, CHICAGO
nnE f'lSlrRAlSE COjPA}iY, r Nolnatta colpomllon, (lh! lomp€rn harat aa ol OEtc ol PoEy, agdd hae c danagc, nd occodhg tha Amount ol
lmlIm, Ed*ntl or homrd ry he ftflrdd by cs8oh ol:
L nh belng todcd ficr hm s :hted h Edredile A
2, Atyddedh r lcnsmqmbanoa on Uu ll[e,It&Covatd Rlolt hdudee br{ls nol lmfled b huance 4alnrt hm lrun
(a) A&hoth0clillecanod by
(l) lugrry, fnud, untue hlhenco, dunar, lncaqrbncy, @*i[, or lrpenoaabn;
(tl) fdre ol rny pcnon os Enllty io hEr illtutud r l,rn*r or cumyslcr;
(10 r do@mottt etlodtE n0. not propsly cmahd, €roctffi, wlheued, g3ahd, dml,l0dgod, noladred, or ddven4
llv) frlrr lo ntum $oso ecb oscosssy b onalc a doomenl bJ cbolront0 msrnc adhofuod W h[(v) a dmmmt cxeabd udcr a tsbXhd, cldrd, or olhurtc hvalS polu d*moy;(v[ a doameit mt pmpary nf4 r0ooltsO, or hdrrrd h ho PuUh Rccordc hdrdlrg ldlw l0 pgrlom lhoae rtc by obotonb mcun afiuLeil by
ler;or
(vll) c ddoUhr ludldel or sdmhlUrtuc poedlrg.
(b) Ite [N0 0I tBrl edato larer or arsslirnurb tnpord on he IlUo by r gounmer{C rrfirafi duo a peyailo, ht rnpd.($ Atty.uaorfimnl mn$ranct,lfthton, valdho, or advrne ofurmrfno mUng ttrr llla lMi6uld bc dddmd Dy an acarslr md c0mdd6
lnd ruwey of hc Lad,Itc lrmr'mcrodtnaf tnildo rncmdumntr doddng t'irpmlmcnm tc6t6d on ll$ tod filo adlolrdng lmd, rrd'
oncosdrtneilr orto lho Lrnd d erlrthg lrpmwmmlr loatod m adjohtU hnd.
3, Um*toldthI|Ja,
l. tthftholsoesrb sdfmmlhs Lfid.
5, Tta vtlrlbn orontorcoment ol ury law, odlnncs, pfinlt o, g0wmrEnlatrBguldtm (hddhg nosrrd8thg lo b{fldlng ard zonlg) mrldolhg, rugula&p,
pmilbl[nf cdd]rg to
(a) ltc oca4amy, ure, or ei{oymenl ol ho Lild;
0) trc drarucE, dmndoB, orbcdbl of any hrpurnmtcncH or lhe Land;
(e.) ficubdvlrtndlad;orS crllmnmnblp,&clm
l.a.notce,daru$lp myprt o!lhe tqtd, b rsooded ln lio PublloRecu& cellrg lotr Urcvblatm or hlanUon bqllorce, Monlyto[reerbdoillro
vblathn ortrlfotr0meil nhnod h ln $rl nolb*
0' An enfomd gdlat bsed m heuedn of agowmmntalpdlo po+rcrnotcovondiy Connd H* 6lf s mtto ol!r enfomtmnladbn, dosotlnguyPotol[pt rd,bnotdcdlnhsPubllsRscods,futontylolheutmlol[rrnhrcmontrthrodbhthatno[ca.
7. tha ueIdlg ol he dghtr ol erfienl fundn ll o mlcr of lho uor*c, dordblng rny pi of lhr [Erd, ls ncorded h [re Publc Recont.
0. Aily taHng by a pvcnmnH body lul llts odncd and b tfidlf on lre dglrtr ol r prmho$r for yalJe vdlot t l0urMge.
0, IIte hff wcled oh* [ran as fibd h Sdd& A 0f bdrU defedve
0 aa a medt ol the epldmoo h qholg or h pul, or llutt r cad ader povlilng m alanrUvc ronrdy, ol a barrlrr oI dl or ary prt ol lhc &o lo or ery
lnhmsth tltr LandoorynUg pht tolho falsdlon u!!th Tlh ae clromh $droilrhAblcilr$ lhalFlorlranehrconrlltrtid cfiuEuhnlorpdmnld lrenrhl under loderal bmknpty, rlatc hsolrronol, or dmllu oedlbr' dghir hwr; or
aIAOfi./. Polst tt t?trolr!0gp .._ ..1si._ .... -_. _ . . rg,tl,glsp*1,€tqe.i
Coplrlgt( Anirlou tmdTllh Asoclrthn, All rlghtr rurwrl, Tlrc uro of Srls lrm h rrr&td to ALTA llaaue€ rnd lt,TA rarrDur h good m
slanding or of 0w ddeofusc, Allollu urs ue prohibM. Rcpdnlcd nrdcr liccruc fion thc Amrilcrn llnd Tills Asoobtlorl r
709
(b) b€causs $0 h{ryry9nlof l4ndet vertlng IiUo-rl fiovm ln Sdudulr A condlutor a polerenUll lrangler undcr lodoral bratrupby, rlrtc tndvmsy, or
slnir oredlorr'fthb lrwr by roasor of 0re lalum ol lls reodh h hc POlb Rlroids
(D bh fnely,or
(B! E lttput notltr d ltr edetsncc lo r pudrcu hr valu $ to I luillmonl or |rn $Ed[or,
1 0, Ally dthcl h 0r &0 ol Bnumbrrncr o0 Ut Itb or olhff mstff hddtd ln Covrod Rhls I trough 0 Ul6l ir8 boat c$eEd 0I rlhdlq, il has Deil hd ol
m0d0d lnUFPuUlsRloodssulaequontloDdod h[0, ad plu b hr ncodhgolfnc drrd ofullrortulrumntotttntlcrhlhefttlo Reartr0rdwdr
Tllh sr rll0lrr h g6h6dubA.
IEQmp$uUafopaf lrecosls.semeydher, gndqgens$ lnqrnedh dolsmaof afiymatertuund aglhst$ttpofloy,butodyhhc ortqt0tor0od
ln lp0onilUms.
ln VllnorsMtord, CIIEAGO ImE NSURINCE COMPAIiY, har caueed lhh polry lo De dmed end raaM oo ol DS ol pdtcl rtuvm ln Sdredula A Os
_ p_9ry9_ETryrd[nlrln coun($lgncd I m oiluted{ggqn!$ tqqt2all._ _ -_-
cBrc co TlTr.B nnlUMIcE coritpAtlu
"6 (twfiifr;.L*rr/
:
CoooEdg,Fil
t6l37FL 0t4t32{r0500
Cfi lsago Tltlo lnilranoc Compslt
13800 Nw l4tt 8r, suiro 190
Suntlso, Pt 1t323
Tc} (786]228.3900
Po,cU86228.!912
72t000.
CoFyrlgtl Am.rlcrt LrrJ Tllh Arnch0or. All rlghr trr.rrr.L TIlo ulr otlhtr lfo.n b rorlrlca.d to ALIA [cc'rcrc ord ALTA nor*cn la roodtbndltsatoflt &rccfrrl,Altoli*uroll!prohitlcd.Itpdl&.|un&rllamofmmltoAmcdcrnlanrl71trAroohtioa
710
The folouhg malon are erponly excludod fiom hc corcraga ol lhlo
pollry, and he Compaty lItl nol pa, boo or damsog, corh, abrneyr' beq
or expen8ts lhol afua by nacm ol:
l. (o) Anylcr. edlnape, peiurl[ or govunrnnld rWrhhn (hclnlng
tlrcro nldrp h hr!ftg rnd zonlng) rtldohg, mgulatrg, prol$ffig, or
nlehgb
(!) hoocqfmry, ur& orlr{ontmtotte tEnq(ll) hc dtomdnr. dmondonr, or hcaUon ol Ery tnprovcmrl
emctsd on the kndt
(lll) hr e$dMConorErd; or
(lv) orilmnrnts{ pmlsolh(r
(a) cmald, nftrc4 s$mod, or .$tod b by hr hand Cl*nur[0l not ltmrn to thr Ooorpony, nol mcordod h 0rc Ptolc Roodg rl
Dale0f Pollcy, hI l(nom b ho lnurad Chlmnt sd mtdhdosd
h ffine I0 ua cofi?oty by ths tnarltd odmilt prlrlo lhc ddr
tio lmmd Orln&l becem u l$u!d ud* fibpo!ry;
(of ttolhg h rc h* ordrmagc lo lhs humd0dmn[
(d) ailsdlng ors€sEd ubeequailb lhte dpo[c,y; or
(e) oeuthg h loar r drnaoc trl would not haru bon urlCncd [tre
hcsmd Odmilt hd paldvobo hriro llh.
1, Ary cldnq b, n$on of he ogardoo ol ,edonl badm4acy, dah
hmtvanq, or Cmllrcldllod deiEtsrr, llufln fiaracfon rrMrg 0ro
Tllh c tfrour [r 8obillo A, h
EXCLUSmHS rRoU CoVBA0E
c0il0moil8
---or0c eficddany.vloffin dlhacc hw,dhanccs, orftJry;,nil -
[T :ffim,TffiY;LffiHlmffifl**;;;;
0 ill;ffifiil'ffipomr.ruErcbrbo't@)doosnorm@ lhbpoet'
or lltnlt ltc ourrgc ptotddrd undu Covtnd Rl{t 0, 5, Any leo on lro ne k reel sdsb tme or auerrnuilB lnpoged by
2- Egborcrnardonah.nrraE$ruc@dasnornrodryorrrilrhe :IXffiHHIH:ffi*fl:'#J:;ffiH,H,IHIJH$H*ovcregc ptutfid u.de' 0ontod Rl* 7 ot 8' puih Rocoda lrar nsclr Tlth u rhow[ h gd.dilc A3. Ogfodg, hno, slurmbrancrl afisBe daNmr, ot olnr[dan
1. DEFrilrFt0f TERils
Iha lofiurlng terme rhen und ln hb pllq maan:
(al '&noml of kuurano'l Thc eronl rtalad ln Sdrc(& A, ar may be
hcrarad ordecnard lyon&nemnl lolhb polcy, hcoasa(by
8eo[on ![b), ordocoaud by$otUan 10 ard ll ol'h€lo
Cordlbne
(b) Oab 0l Polq^ Ilu dala dodgnrted as '0& of Pofif h Sdtdr{o
A.
(0) EilM Acorp{alur, prherohh, hsl,Ilmlbd hbllty orpuy, r
otcrsIilrlogaleilJU,
(tt)'lrurd';Ilro lnrurdnanadln Scha,ulcA
([ Ilobrmlnaund'rbohftdes
(Af ruccoraom lo ho Tllh of $e luultd by opom0on ol l*r
$ drUng&hod liont puoha$, hdud[rg hdq devlroer,
rur{yot, pcmnd ,rprsrddvos, o( noxl ol llrr:
lB) ascalsor b o lnarod by drsolulhn, noqcr,
cmrollddon, d&thllon, or norganluflon;
(G) urccruor b ar hund by b cmuenlm b uotrrr ldnd
dEn0ty;
(Q ogurtoool m hsued udrre deod dshu€ddhqf
poynalt of drd vdu&b conrl{ontho c0tvoylng tg
Ilte
llhs tlod(, rh8nr, mmbeldthr, oroharcqly
htardr ot hr granlo om wlrclly'wnod by he
nrmd lnuJr€d,
I l[c gnntoc wtroty oune lhc nmod lnausd,
I lh3 0rant€s ls $holfomod by sn Bfrbbd Eifry d
lhe nsmd [Eurd, provl&d lhc rltllthd Enlly ad
lhs lnmed hnurrsd an bo0r whdy.orned by llt
rano penon u EnU[, r
I lhe grntee lr a Uustoe a hndloNery d a trud
cn$d by a rdtan hdnrnail ertrtibtrd by ho
hff.d luId h 8drldubA br€{Uilo plandng
srDoEst
(ll) nnft tegard l0 (A), (8), (Q, ad p] Brsrtq, louoor, d dgm
rnd dslensse $ b any arcceeeor llut UE Cotlpeny ffiild isr"id rg8hsl fiy pndm.Bor harBd,
Ins,,Ed Ghhatf: An haredolaHtp loco rdanaga,
ltudedgo' or'l(rnn': Arid tnootcdgr, trd condrudlve
trurlcdgr ol nollo hrl nny bo lrpnhd b d hqrsd ry nasor ot
thc PuUb Rccodt or anyo0rornordr hdbnpoltmdrudtuc
t!00ce ol rutrrt ofeohg UE nUB.
'Lmd'! Thc lad dcrdlbed h SclrduhA, ard rflhrd hpruamntr
hrl by hr mnr[trXo ,€rl Fopory- Thr td'r 1antr dns nd hddc
at, propcrty bcyud hr her ol hr mr d€qtcd h 6.[0dub A
na aty fiht Ulo, Hsnst otEl$ ff e$omfi| h abL{fie itsrh,
odt, &!ruot,dcy8, hrn, rly!, otrdurays, hlt[& &ee nol
modfy or Im[ llr ulmt hd r dgtt ol rooss b ard lmm tD Land b
tuundW0lomkr.rMoilgaed! Mo{qFge, &od of turt, lruddesd, orollmrroady
fEwrgll hdrfig one oidonod !y doo{fiil|o me0rs fiihofiql
tyhr,
'Prtlo Roodt': Frco& odablrlitd urdu drb rbtli'al Drtp d
Pofty lorllr ppom olhpsllng cmlhJdio[oteo,ml&tr
ddhg l0 Ed prp6rty to purdloer for rilr rnd rfirul
Knowledgo, Viillt twptd l0 C0verd fr* 6{d), ?rtlo &ccdr' rha[
obo lndde mdonmntd proledm llgnrlhd tn lhr rctu& olfie
dcfi of lhc Urtud &abg UaUd Oouttrllp dbtldilFrg [F trnd
bhclhd
'TRbl Tho cdah fi htrrc6t dsrglbod h Sdrcdulr A"
'thmulclr,blc TlU.1 TXls dlcdrd by ao alrgd or appcrnlmtbr
fiet wouH pem[ r prosg€oiln pu$asrr or l*rr ol Or Tile or
bnderm he Illhb h nlaasod lum UE digdon b pudtosc,
lero, or lmd ll UElu b a ontactld ondBor requtfm ttc dalfutry
olmrlslrbleUe.
(c)
0
(e)
(,r)
CI
(r0
('t)
(2N
(0t
(1)
A[fA oUllt/r Pdrr (tlt7rot)
.-. - (*Ii ndfro ilodltdl|sr].
-Colyrlil Anrrlcro brdillbArrd.ior. All dthlt..rcncd.lh urcolllb Pom brcsFtdd h ALTA llcsucsrnd ALTA mm}66 h good ):iIJl
thndhgrof0r&trolrr, Alldhrrurautpohlbld. Roplntdrodor tkura lromth Amcrlcar lrnd tithAscl*lur"'k
711
oomnuATloiloFlilSunAtrcE 0, qrlyoFtxgunEoLAlt AirrocoopEnlrE
(e)IIe covors{e ol hls pdby *dl mnlhue ln lorco as ol DdB ot tutb, ln
ilorof ar lnrund, bul only so hng a! t\o humd pbhr an cdila or
hlotorl h em Lsd, r hokb an oblgaGn eoarod by e purdrro moroy
tlodgage glwn byapurclms llun-lhr lmued, orinlrro lonc ac he
h$rod rlullrsvBbbnybymaon olwamn&r h any [urCorr
conwy€ncs of hollltro. Ihb polcy rhrl nd ondrln ln lorce h faror ol
urypudurorfom i0loamd olr[h6r$ en orlale or hhrul h ho
taed, ot (lD at oblgo$on renmd by o purdraro moncy Morignge gtvrn lo
holnnmd.
NOT]CE OF 0t ltu t0 BE OTVEN 8y tltSUREo Ct.AilAtIr
n0 hsurtd ${notlyte :ooqpdryponrpfly hh,rffiig ([ h our! ot my
llgrucfi ar $t lofi h 8oc0m 6(al d hcac CnMlhn+ (I) h om
-l(nmbdgo Crtr om t0 at lnarul horu.lrdorof enydalmol0lb or
htrott Ut€l h lduono lo uro Tlh, r hruld, .td h-at fitlI oaur lors
or dmrgr b$ldr he Cnmpany may bc fiabto by rrttue of lhlr po[c!. or
CIl)Ih. Iu0,.shared, hntoted ar thrEartlEm n0i. [Uxi (b)
Conparyb poludhod by0u ldhra olhe lnrurcd Cldmolto povlde
pr00?t n01ct, fir Cmpanfr la!il[y to llr lnsurud Oalnraflundur ha
pollry rtdbEdlcsd to he artontoltho flrdlct.
PR00F0rt088
hthctwrttrcCompatylounauc b &hot*rc fie rnumlolloo ol
datn$.lh Compttymry allb opUon, qrla u rcondlhn ol
paynartluth ftumd Odnant tumbh a CSncd prcof olb3s.n0
Foololbt muddcrdlbt ho dehd, [on unrmlirme, orolicrmetcr
hsrrtd sg# B lJa polcylltal carrfiutu ho baab otheo or denqe
ad $d ffi, lo lho ericnl poo$t+ he be* of cahrldng lhe muitl
ofhe hee ol damage,
c. DEFE{8EAil0 pR0SECUTIo!| 0FACflOil8
(s) t ffi urlu0nr€quedbytio lrum4 adqrblsgltoteoCbne
cqtlhh€d h 8.db0 7 d lhss6 Condfi{ils, tha Cqnpsry, !t lt! ovn
cot Etd wtrlroiunsao0suo dd8y, fid provtce 6rht dclonssol
0n ln$rodh lqdoohwhbi ary ht{ partr Esrotu r ddr
oyand W!t Nbf rdrrpc lo Ot hnrmd.Ihle obllEahols
Hod b oily non rhtsd carmr oI rclhn destrE m-8[io lnund
rgotnt t, hh plcr. Iho Conpeny rhd harn tho-dghl to rhd
counnlolllr dphr (tutlecl b !w fi,rl olthE krsursd boblsclfor
nilon*lc cara) b reprogent ths lnsrrcd ar lo hoa tHsd oausu 7
of rdbn ll rlul mtts lable brsrd$llnotprythehol oil my ofisronnl Tlrc Onpcnyrllndpry anylaeq co$r orrrpenss
trqmd[rtr huedh he delenrc olttro*caruc olachn [rat
&gn mdrrt ,rot lnued agdmt b, $b N[cy,(b) Tlrc Corpary $d iar hc dght, tn addlbr b fre oDt,mt
cobfrod h S€dbn ? ollhss Oondllonr, at llrom brt b lnslMc
and ;ccoia aty rcfhn or proccrilng or b do aty dher rr,t hd ln
m fiho rrybc n cceuy or deeHls to erldlrh ho TUr, ar
lng|[od. or to pra/Enl or rducr hr or drnrge h ltre lnarnd, Iic
Ooapany mry hto any appmprHe ac.lhn mdr hs terne 0r lhls
p&y, rdro0u or not I shsll be libh to tho hsrred. Tho srordso ol
tlro,l!h$ rhd 001 h on admlaabn of llalll[ r uahltr of my
potlohnof hN ffiy. ll ho 0omparrycrrrclror b dghtr urdrr llde
pbnc0m, I m,rl do so dllgenl[,
(c) lllnnorer $e Conpary bdngr ur acton or arsalr r dobnss r
rquted or porm[td by trrb pdby, lhr Co6peny ruy purnr &e
trdgrion lo a{nrl drbmlnaUon by e cout of corUclcnt irbddlol
and I eryltolyreoeruoc0e thhl h bmb dbcrstm, b appd any
advsmjtdgmontdotdor.
h a[ oeog wfieto 6lr pollcy pcn{s ort$r|os he Compony lo
pffiedtte 0r ptqdo frr lho dotsme d sny rston or proocdng urd
ony npc&. !r lngusd ghil sntm to $e Company lh iloil b s0
pmcoa& or ptwlde detense h $o aclm or pmceodng, hdudlng
S dght b uae, A b opUon, fts eamc ol Uro lnund lc lhb plpla.
ltrcnmr nquuhd W lhe Gspay, lh! ln$red, d th Cmp$r!
erpmc. rhdl gtn h Corpury r[ mronrUp rU 0 h rsfflng
evldorcq obldr*rg ulhour1 plorrorilrp orddenilngh rdon or
proc$dtrE[ r otudhg roul€mnl and 0D h srr 0lhll Wfi al 0rl
tn lh ophbo olh6 (hrpanymrytc ncoatairdslh& b
t3lrblb[ h! IIlh or my oulr mdhr a t[tl,rd f fE Co0pgty ls
pnldhtd bf tro lafrrc ol &o h$I€d to fufih h nqulnd
oooporehn,lh ooflpaq/rohdbm htrn hsuil uilsUts
po0cy $rll temhdo, hdrilq ary 116fiy c obtba[on b trutd. - -
ploscufi or codlrue ary f,gtrn I{h Egard lo ftc mrtr oa
nalbm nqultrg rrdt se€rrflot\
Tlr Oorpoy may ouooeBy nqulru Ore lnruud Ch,mail b cubmlt
lo rrarlaahn undr oelh by rny authortcd rqnsenldve of lle
Cotnpmyand 5 produoo hsrarrfidon,hryldon, edsopyh$ d
rxh Earonrtlc llnsr ad phcee ar moy to dodpahd by [n
ttllp,Eld FFtlcnldvo of lhr Gompany, an mcrdg tn rlrabugr
mrdlum nrhb&n4 lnildhg boots, Hgso, dledo, mamonnda,
coo0lpotdonDt, Gpo|b, G{tdl!, dlltt, tryl', md viloor rdnhu
hrlng adatr bcbn cdtrOrla ol P*y, Ird naonobh pslrLln
b UE lost o dffisge. Flriier. I mqrrorbd h rny arluhid
nprarnldluc d lro Company, lhc haJrtd qdmut lhBl grart lb
ts ttI$htt,ln wffig, ffi my aulho&ad np,lsorls0vs ol ts
Conpony lo uunlnc, lnryod, srd ory rt of ltp$ rstot& h hr
srlo(y or contol ol t lhld prdy lrd orron&ty per..ah b bo brs
ord8flragr.Afl hfdrrldon dognabd es cmflfinltel W na tumd
CUmmt porddrd lo ha Coryry purant to [t thdtn $d nol
!s drdood b dhen unlsq h ts rErsflBt rldfunl ol trra
Compny,lt b mcauayh 0c rdnlilclr&noiiedrhu htrur ol
ho lnnrud Cl*nanlb ntml lrqtmhdon unduoaUr,froduce
aly namaHy trquoed lnloma0q, or granl prnr*$o to rare
leaootrly noc.scely l{omotlon fronr [rbd parfcr o mqohd h trb
otSoccton, unler prohbllod by lau or gourmnarhl mgtrHm, e[et
bmhrh uytlatutyd[ro Compony un&r 6lspoEl osblhrl
da0n
0Fmil8l0 PAY 0i OIHEIWEE SEILE CLAlttlSi TERI'l[{AItr0il
0FUAsr.rrY
hsae otsdiln ud€rhb polcy.le Comporrrhr,lhstohl hkuhg
ddhndohn*
(r)T0 Pry 0r Terd0r Psylnsol ol Uc Anou0t ol hlunma. Io pay oc
bodcrprymcntof llr Amounl ol hwramr undil tl"rh tslcy hFthr
urilh arycorb, domoyd fc66. ard sxpcmor lnarrd byfr lnorcd
Cldmarl lhrl weo a{lh0flod by hc Compary up l0 fio Utto 0l
paym$l cI lsndc, ot parncnt and lhd Ure Company le otftabd h
pBy,
Upm lln enrclss by hg Oofi?ery oilhb op0u1 dl lrtfiy ed
oblgdoilol[B CompalytoSo lnsud undrhbp&1, olw
Oo lo ndo the prprent rcquled ln [Ir rutololloq lht temhatr,
he&hg eny lhUltyorob@Uon b dolard, pmrcqrb.oroonhue
ilylflgalbn
ToPeyor0hemlse Seillst{lhPetJor 0herlhur 0re hsred c
Whhsln*mdCldmnt
(l) lo pay or o0rombo rCIe rlt olher pEthr lr or ln lh osnr ol
g lullud cldmr[any dsllll hErtrd lg&dsdffu{rpollcr,
h odillon, !n Oonpeny $ll psy ery orb, albmsF' lcr, rd
(b)
lL?Aourft
yr.
CoPr..d3il Alqrf.rl LlolTlllo Agorh&n All rlthtr rurrvril T}o rpo olltrlr Fornr b rq*iucd ro ALTA llocrscol and ALTA nrnrboo h good
rhndlng u ollllc doh of u., All oulr urll m prohlbitd Rcphtd undcr llcarso ltom tlr lmrlcrn knd Tltlc A{oohlim
712
spoNot lnfirrd byhe lnrursd Clslmilturtrno erllrrlant
by ho Company up lo lhr llmc ol pryaml ud hal he
Gompany b oblgahd io pay; or([] to pry orofimrhc rcllg rvlh fir lmund GUn$t th€ lou or
dmqo puffed launderhle po$ry, logelherrfi any cootr,
donoyC hotr srd orponeo homd by lrc lnrund ClCmrnt
liat ycr. adho,lz.d by hr Company up b lhc llme ol palnool
rd $d lhs Co0p€ry ls obbotid to pEf,
Upm lho rurtt bylho Compary olclhrrdlho opllonrpovldedlrh wbmohm(b)g) or(I[ lheComperytoHh&ng b hr
tund urderlhlrpofcyfute dahod l0ro r dmago,otnrlhonL p.ymonL Eqdnd b bo mado, rft4 hnrtrab, hddlng eny
latlfi orob$Son loddard, potcelc, aoodhuc aoy llllgrtlon.
r. . 9ETE8frflAngil l{DjIIqXI.gF q4$HIy._
_
Ihb polcy lr r cootct ol hdrnudly rg& rdral monelsry h$ or
dan:geuddnd rhsuod by 0s lmund CHmrnlwho hao suflacd
loar c drm4c by naron ol molla-r huod agalnst by hls poloy.
(0) Tlo e$nl ol Hilly ol lhr Coryaty lor lora o damage undet 0rls
polcy.id iol ucrcd lir lr!r, ol
(l) [cAmntollnrurama;or(ll) he dlfonnn bctfrs€n ne valu! of the IIle as hrured md tto
vdue d trr llflc.rutJcct lo ha dsk hnrnd rg*ut by hb
pd6y,
&) f he Cmp$y prf,um lg dghts undcr 8es{on 6 ol [pr€ Cordlhnr
rnd b ln$occst ul h Gllabldrhg 0r lltlc, u hered,
0 heAmountol hurnce $all be [rrcssdty .lfr6. aO(f) fii hrurd Cl*mnt ild hsvo 0E dght b hsvc Ule lo00 a
lunogo drbrnhsd dlh* ar ol 0c dab !r *lrn wu rnsdo by
h0 lnurd Clabt*tt r al ol lh dS lt h rctted grd pal4
ft! ln addllon b tr rr(ht o, lufrty urdcr (r) and p[ Oe Gonpary nil
*o py ttro* cortq dmrryr' irer, md rrpouai tnonrd ln
accodoncewD Sadhne5 sd7 dhur Codtons.
LIIITAIIOTI O F LIAEILIY
(a) llln Company orloblrhoc llw IIle, s nmowr the dleged dshd,
*n. r enombnnce , or ctllE! lhs bd( ol a ilglrt ol aooic l0 ol fmm
0c tet4 a cures tro datn ol Urrnarhlable flb, dl ar lnsumd, ln a
oemnrUy dSant manner try ony nrUrd, lndrtrO llhrlhn and Uu
o4blbn olory rppoab, lt lhalhait t$yporhmod lta obllgrltonr
wllh Eryotiolld maUorlnd $d notbr llaUcforny loer or
dam4c caucd lo 0r lne und,
(b) h $o mnl olny filgaflon, lnchdhg ihallofl by lh! Comnrryor
trlh fio Canpn/r omsonl, Ul6 Company rhal hm no lleillay br
lon or 6mrgc unil lhen har boon I tFral ddonnhehn by a curd
olompded lutdchn, md dlrporlthn d at rypods, adrlsna lo
!uTlb,uluud.
(cl Ihr Corpmy $d nd be llrHc lor bce or dcmg! O lhs lneud ir
lb&tolflafyag$med fllr lmured h re0ft anyct*norrult
trthqJl !p Flqr u,lbt curnt of tho Cunpany,
REDUCnofl oFaNsUMilCq REDUCnoil Oi ltirfiAltolt 0F
LIABITTY
Al psyrrnt! udsr lH! DokI, oropt psymonF mdo hr cosb. lthmsyJ
fo€q Erd €rymlol, $rll lgilrco lhe Anq.[ll 0l tnur! rc8 by lho Emud
ol0rc psymflt
{1.
12.
LlAEttlIY l{o[cl,ln,tATfl E
Iho Armunt ol lnoursnoc ghell be nducad ty ury umunl !F Coopgu
paJo under ary pllcy lnuhg o Mwtgago b rfildr crcephn ls tdrsn h
Edrodula B or lo uhM lhr lnamd hr ogted, aramd or Elnn
sttF{ or wtlcft lr exoarhd by m hourd ch 0d! ol Polcy and wtrlctr
b r ohr4a r lhn on ha T[8, Ed hc mouil ro mfl dril br &enrd a
p€y,lEflt h l,B lmurcd undel fib poloy.
PAYlEfrOrmSs
Whm &llllty rnd he ubnt olhes adamagehar blutdrlhlolyftod
h tc6d*tc. yJOt iss€ Co0dfdrc. lhe pnrril rll0[ b6 nds fithh 30
dar.
RIOHIS OF RECo1'ERY UPON PAYMilT OR 8ETTIEUET{I
- - ({ -Whonevor tu Compuy *al haw mlbd rnd peld r &hr undsr '
llrh polry, idrd Dc gubMElod ild0flfledhlhe fil$olfie
hnnd Clslfillltln ll0 Tltle and allolhal fihbardmnedeah
ruped b ne d*l hd tic hsu,Ed Cl&[anlharagdmtsnygarson
gt prcIdty, b hc ulail ol he gnourrl ol&y l0$, co6l8r athmoyd
ha+ and orDmstt DrB by hc Cooprn , il oCu6{cd W ttll
Cowsny, lle hrsBd Cldn nl drd rxr0fll documcnlt lo 0eld0m0
lho tanrfor 5 $a Compony ol [rsEE rthlr rnd rmedeg, Iln
lnurodClrhrntahallgornl Un Gonryuyb onc, cmpodto, r
tttlb h lIa nsm. of llr lnsurd Clolrnail rnd b ur lre nrno ol tho
lnsrpd Gfiilmmt h ony lnnradhn *ffidon hwtulng h.re rbh,tr
rndnmedar,
ll r polmml on munl oI r olaln dorr nol fd, cowr !c hrr ol UB
lnurd Cl&tall hr Compoy dui delerh ormhr ollr foht b
mconr unfi &r ho lnaund Clatnsnt rluI han rcunrd lr 5tr(bl fio Ounpanfe tlgftl o, rubrogaha hdud.! i0 ,llhb d $o lnarrd
h lndsmn[b$, $reanler, o0rer pddo ol lruurance, ol Dondr,
notglthrlmdtU any tannr or ctndlonr oqrEhcd ln [peo
fu trumcnb llral dilc*r ubogdloo ffib.
ld AR8]IRAIIOII
Unhcr pol{tttrd by egp|cdile hI. afintbn punud h tln llllc
Inruramr &bltnlhn R{or dlte furdcatAUlritooArsoch0on msy b0
dornadod I rgntd b !y boil !rCoil?qtyard Uu lrplndthe tn-ool
a oolowny a dfiu AtftaUc mdor mry llclds, but an not tnlhd
lo, eiy conhrvcny or &l b€tftar lh€ Conpony ad he lumd alCrrg
oulolcnbtrg lo trlr polry. ad rondcoolhe Coapoy lnonnodon
rlh lbh$irc o0ro boad olrpo&ypmritn orolhtrdlga[on
&ttro0on pnurnl to hb polcy ad under Ure Rulsr h lilstl co lhs drto
lte demnd hr sbllahn b nedr or, d Oo qhn d thr lmurcd, ho
Rdoc la rfccl rl Drtr olPollcl drCl h blndlng upon [r prlleo, Tlre
urd mryhdude l[roep'ftoa onlyll0p lrrrs dthestaleh trhbh liet nd h hcdrd pofldt a cqri lo awrd rtomrp' ficr to r pardng
psly. tu gr.fit u[on lhc rwd nndrcd ry llte A,bUsto(sr ns, bo
edond h ary courl havhg fuladk&n hemoL
fhe hr ol iho stur ot lho lad rhrll rpfly lo er rfilhr[on undor tho ll[c
hmramt fuHrdon Rulet. A copy ol lfic Ruhc mty bo obtahsd frsrt Un
oompsr,up&rquBt[
i0.
72il0m
Copyrfll Amrltra LradTl{r Att0d.llor. All rlgllr rucnc( Itowoof tfibPorm ar r0$hbdloALTA llclri3Gr.nd ALTA d.mbcE h lpod
standing u of hr dob otuo. All otilr uc m potMod. Rfintcd undtt liccnr from llrc i\mcdern lrnd l'tllo Agochth,
713
fi. LIABI.|WUIJIrEOToIH|S p(i.lCy, poucy E|IflRE cot{rn qr
(e) Ihb polby logo$Erili ellerdoncnu$, It try, alladred b ll by lho
Compfltyh 016 cntlt pollcymd ouilnctbetrrcr the lrqmd ild
Uo Csnpeny, h hlsrpn[ng ary prcvlsbn ol lhlo porflsr, tlilr plby
*ril hcolfruodarowiole.
(bl Ary datn dloao ordon!tr Od Etlr oU d h6 {.tur ol hc nh
or by onyrdm ars{n! uffi drtrt utrhr or mt borcd on
mflSior drdl boru tldndb hb po[ry.
(Q Any urndnunt ol orqdqrrmml b Urli pdcy mld bc h rrr{lrgd aftBnlcdd t, n afiortad ponoq or expsdy trorpodd
!ySmrduhA ol 8fr polcy,(0 Erl.rdon.nafb hb pdhr hnd d ery [no h flrd6 r prdol
tlrb po[gy nd b rtlod b dl d ls lems and gofilom. Erdpt m
ho dtdonEmmtawsdrrhbo, ldoBt rot0 moilfyanyollho
{to ps{of, 0l Udtr eyp{qr q[q80!&
I Folcy. r lhl hooac 0r Amuml o{Poicy: ri 1tui hqlaccntrltirnlE" -' - - -($oitnrd'
lnoil$,
t0.8ET'ERABT.ITY
h ttc euBnlrypuvHor oftbpotrcy,lnuhdr0rh psr| lrholdhralld
orunanfortrSh rndcr rpg[cdh lnv, &l Nlcrahdl ts dc,ned nd b
lretudr tri porUm c noh pad hoU b br trvrlE, bul rl drr
p$lonr fiai mmfi ln fut lorco md efloO
cHorcEoFtAwi roR0il
(a) Cholo ollaw: Itc trsJnd mloEtbdeas 0ro 0wa0y hE
un&mffm 0to llskr couamd by 0rb polloy ord datsn{ned tho
Fom[mdEr!il,0urf(h nlEncc upon lho ltr afoc&g hbrEsb
h md prupotly srd ap@th b 1o hbtpoert rlghh isrEdhr.
or enbrcsmett ol @ho ol U[s hsrucc ol llro pddhbn rhen
lhe Ludlg locrbd,
(b) IlrrBhD, UB oourl or un uUErhnhal edy h hr ol ho
plsdhllur r*m llr tad h bcalod b dobmfrr 0r wlilfd
drlmr agahtl ltc IHc hd att dwno b ha hcurEd rrd lo
hbrpnt ad eifrma h0 trmr d fib poky, h ndlhr ouc rhrtr thc
cadrubhrSreppty ltr conllHr olhr fhclplcrlorbtanrlne he
rdlcrbbler.
(o) Chohr ol Foun Any rl${!n or olll€f Doce0dlng bFught by hr
hond eg&d oto Correary m$t ba fled flli, h a stsh or lo&nl
cill miln UE thlbd stbs 0t Aipdoa or lb tentolar hwtrg
rppqdrtofulrdclbo,
iloilcES,wlERE sEt{I
Anyndlca ddalm ad rry ois no[ce w drlrmnt h wrilng nqulred to
D6 emo h h! Cqnemyundorltls pllry mudbo glvm tolho Cffiprny
at Cfilnp lltc krulnnro Compary, Atr: dahr Dopailnenl, P.0. Bor
4!U3, JsrbolttlilL, FL 922il.3023.
Ir.
AtT Of,EarPolcr(dl?m)
72.16,91 -__ _. _-.-,'- .lol -.-- _- _ , ndagUUsu* i
fi:..t!Ctp.r[llAnrrlcrr tlnd Tlr.h igoddlor. A[rljDb rcrnrrL l}cuo ofihb Form b nstlo&d b ALIA fiocnsrrr rrd ALIA mmbcrr ln gpod i;;:;;ttrdhtr!o(lbdtbof0$, All ofiarur!|nropmhibltd, Rrpdnrd undrr llcrrrctiun l[' Arurlo*r kedTltloA$oslclon v
714
@ Orfcryo n{c hrcmdcc Gorryray
POIJCY OF TITLE II{SURANCE
SCHEDULE A
oilcago Tltle Insurance company
Pollcy Numbon 7430009-90567931 Ordcr ilur6!r,4640396
Custotner Rcfcrunce I 064f 32-010500
Amount of lnrurrncai f33,000r000.00, Addrrrs RGrsmc.r .-043 Uncoln.Road-. . -, - . - prsmlrrimii$ri;it5:00
Mtilnt Beach, FL 33139
Date or poucyr r.rr"[lll5'dl]XTXlil,HBooer ontv)
1, Name oftnsuredl
Uncoln Centurlon R€tall LLC, a D€laware [mlted llabtltty comparry
2, ThG estatG or lnterest ln the Land th.t ls lnsurcd by thls poltcy ls:
Feo Slmple
3. Tlth lr vested ln:
Uncoln Centurlon Retall [IC, a Ddarare llfillt€d llablllty comparry hry vlrtuc ol that certaln Spedal WananW
Deed racorded ,anuary 15. 2ol,.l, ln ofllclal Recordg Book 28991, Pige 3378, of hc publE iecords of MladrF
Dade County, FlorHa.
4. Thc land refened to ln thB pollcy ls rlescrlbed ln Exhlblt'Ar attached hereto snd made palt heteof.
rHU' POLISY VALID ONLY IF SCHEDULE B ITi ATTACHED
ALTA Owncr's Pollcy (6/t7l06)-P9p9...,..-.*..--:--..--: _:..r lof 3 twiurnoiotlrtirltliltrqE1--copyrishi a'm-irt-orffiniiffie nssAAiilon. C[ rEmE;rvia: :=:r
The t6e of hla Fonn ls r$Elcted tg AITA llcons8€s and ALTA mornbcrs ln good standlng as of tha date of uee. ';.',i3ii
Nl olhcr uees rre pmhlblted, Repdnted under llcenre from the Amerlcan Land Tltlc Agsodatlon. {t
715
Qatt "e tith liltrrncG Gonprny
Pollcy No.: 7430609.90567991
Oder l{ql 4640396
Cuslomsr Rcfcrtncc: 084ur2-010$00
EXHIEIT T'A"
l.or one (r) of Block one (1), of uNCoLN RoAD SUBDIVISION ',Ao, of The Alton Beach nealty company, as
the aame ls shom, marked and dedgnated on a plat of sald subdlvlslon, recorded ln Plat Book No. 34, at
Pag€ 66 ln the Ofilce of the Clerk of the Clrcult Court ln and for Mlaml-Dade County, Flodda; AlSo those
lands ln Mlaml-Dade County, Florlda, doscrlbed as follows:
From a conerete monument ]ocatod at the lntersectlon ol the West llne of Jefferson Avenue and the Nodh
llne on Llncoln Road; as sald rnonument ls shown on a plat entltled nAmended Plat of Golf Cource
Subdlvlslonr, as the same ls recorded ln Plat Book 5, Page 26 of the Publlc Records of Mleml - Dods
Gounty; florldo, more partlcularly descrlbed as belng'1350'-EaEt-and 270 feet North'of-the Southwest--
corner of tha NW 1/4 of Sectlon 34, Townshlp 53 South, Ranga 42 East, run East€rly along the Norttt llne
of Llncoln Road a dlstEnce of 794,2A feet to the Polnt of Beglnnlng of the parcel of land hereln descrlbedi
from sald Polnt of Beglnnlng run Northerly along a llne pependlcular to th€ last mentloned course a
dlstance of t05 feet to a polnt, sald polnt belng 20 feet South of the Southerly llne of the Munlclpal Golf
Course, ln the Ctty of Mlaml Beach, Florlda; thence run Easterly along a llne parallel wlth the North llne of
Llncoln Road a dbtrnce of 50 feet to a polnt, thenca run Southerly along e llne perpendlcular to the North
ldne of Llncoln Road, a dlstancc of 105 feet to a polnt; thence run Westerly along the t{orth llne of Uncoln
Road a dlstance ol50 feet to the Polnt of Beglnnlng of the parcel of land hereln descrlbed,
!aEqg--- . . ?if-l--, -..- -, -- - . {w-rfi Flot
Eoffi gfiaTmefr clnE;A-miffi;5iFEffi l"Iif i6iii nreifriif-
The use of thls tofln ls rertrHed to ALTA lhsnsees rnd ALTA members ln good sbndlng as of the dotr d uca, All
other uscs rre pohlHted. Rsprinted under llsnes hom hc Amrrlcon I'and TlUr AssochUon.
716
@cttcago Tl0c lnfinoEc Comptry Poltcl tloi : 7430609-90567931
Odor t{o.t 4640396
Cutbmor tt3f€r€nce: 084132-010500
Exc E Pn3[5 ?l8H I"rE RAG E
Thls pollcydoes not lnsure agalnst Joss or damage, end the Company wlll not pay osts, attomeys, fees, or
expBnsBs that arlse bry reason ofi
l, Taxeg and asg$sments Ior the year 2014 and subsequent years, whlch are not yet due end
payable,
' - 2; Dedlcatlons-on the plat of Llncoln-Road subdlvlslon 'A'of'the-Atfon Bdaeh Reblty conl?any trecotd€d
ln Plat Book 34, Page 66.
3. Restrlctlons common to the subdlvlsion contrlned ln the Worranty Deed t?om The Alton Beach
Realty.Company recorded ln Deed tsook 1631, Page 442, as may'be relmposed by the deeds tn
ofllclal Racords Book 9730, page 1084 and h ofrrdal Records Bbok 1407b, page i2o.
4, Partles ln possesslon under unrecord€d l6ase as set forth In Exhlblt'B'r.
5, Mortgage^ from Uncoln Centurlon Retall LLC, a Delaware llmlted llablllV oompany, Hortgagor, to
643-57 Llncoln Road, _ln,c,r a Florlda corpomUon, Mortgagoe, dated Jaiuary il, -C014,
ic6rded
January15,.2014, ln Offldal Records Book 28991, Pag€ 3381, tn the amodnt oi $Z+,ooo,0oo,oo, as
recorded ln the Pubflc REcords of Mlaml-Dade County, Flortde.
NOTEI !{lth resPect to any Exc€ptlon ln Schedule B recltlng clvBnants and restrtctlons sald ExcepUon(s}
omlts ony covenant or restrlctlon based on race, color, rellglon, sex, handlcap, famlllal status or nattoriai
otlgln unles_s and only !o the extent that sald @venant (a) is exampt under Cliapter 42, Secgon 3607 ofthc Unlted Shtes Code or (b) rslates to handlcap but does not dlsirlnxnate against haddtcapped p6nions.
loTEl All^recordlng references ln thls commltmenVpollcy shatl rcfer to the publlc rccords of Mlamt-Dade
County, Ftorlda, unless othenrvlse noted.
NOTE: In &Eordance wlth Florlda Statutes sectlon 62?,4t3!, please be advlsgd that the lnsured hereunder
mOy present lrqulrles, obhln tnformatlon about coverage, or recelve asslstance ln resolvlng complalnts, by
contactlng Chlcago Tltle Insurance Compann Telephone 1.800-669-7450,
ALTA Owne/c Polhy (5/t
copyrlght Amrrlcln LlodTltl€ Arsoclcuon, All rlght nmwtd,
IIe use ol $ls Form b rurE'ldcd to ALTA llenrrs and ALTA mombgr h good *andlng ra ol ha datr d |,3e, Al
otter ucss cre prohlbltad. Rcprlnted under lheruc lrpm he Anerlcan [rttd Tlth AgsoclaUon.
717
t.
EXEIBTI "B''
I4o8s
Ipsso ox€outod bctwcon 643-57 Llrcoln Bosd, Ino,, us Lsndhrd and Louishna Conmction, Ltd,,
d/t/s Prqoh Conneotiotr, aoTsnant, exeorned on Doncmht?ll,20ll,
l.coso oxmuM between 643-57 Llncoln Roa4 [nc" u [andord ard Rlolry's 643 Unmln &ond,
lJ,C, ar TonanL oxecuted on SepCImbor n. 2011, Bs omardcd by tho Comm€rciql lnssc
Modlficuion Agrcomcnt dotcd SepEmbor Ul, 20t l, as furthcr omendcd hy dn Fimt Amondmmt to
lmse Agrcouront dated Septomber23,20l l.
Iaesc crecutcd bstweon 643-57 Lincoln Road, lto., as Landlod end Runway Cldhlm, lno d/Ur
Runumy Swimw€Br, 8lTonmt, ereouted on Juna 4,2009.
Lesgo s:roourcd botwon 643-57 Llncoln Roa4 Ino, as landlord ond Yuth and Knat, Ino., I Flortru
oorpomtion, as Tcnant, cxccutrd on Mnrch z\WW, ns atnondcd by lho l*oco Addcnduru lnalo
Modlficati,on of 2@9 darcd Junc 15,2009.
2,
4.
718
@ Otcego frilc tngronca Conprry
ENDORSEMENT
Attsched to and made E pErt of pollcy Nurnbcrr 7490709.90367952
'Tha company hereby acknowledges the lands descrlbed ln Schedule A ar€ the same lands
desolbed ln the survey prepar€d by Campanlle & Assoclates, under ProJect No. 5009 dated
December 20, 2013i however, the Company does not lngure the accuracy oicompleteness ol sald
suruey."
--The t6tElllaElllty-tif-the Comiraiy 0hd'Er-edtE-polat/, ilnd6r-or comm'iinidrit dnd uridtr-ttrli anilany
prlor endorcements thereto shall not exceed, ln the egregate, the amount of llabtllty st6t€d on thi
face of sald pdlcy, blnder or commltment, as the same may be speclflcally arnended an doilar
amount by thlB or any prlor endorsemenb and the costs whlch the Company ls obllgated to pay
under the CpndlUons and S0pulatlonE of the pollcy.
Thls endorsement lE made a part of sald pollcy, blnder or commttment and ls subJect b all the
terms and provlslons thereof, except as modlfled by the provlslons hereof.
Nothlng hereln contalned shall be construed as el*endlng or changlng the effectlva data ol the
albresald pollcy, blnder or commltment unless othenivlse expressly stated.
IN WITNESS WHERB0F, the Company has caused thls endorsement to be lssued and valld when
slgned $rap authoyized offlcer or llcensed agont of the Company.Mr-*
Eldorsement Survey
719
Attachment - C
;I IW,AP OF BOUNDARY AND oli
iltt
TAPAGRAPITIC SURYEY
NORTH
:lCtl E r"=rL)'
:il!) - 'x6frAl LOr U;tANatr - aa{IR L Ata!:
ii - a!f,raii i[rt
lil - :lrcx aai:
Gl - xr€aT !H
tr - -tlero"g ur
(') - .awi !^xHal a
-.- .----.- - &e Errce
frarN urx fEdcE
O4FH€AO UruW WR€
N 2',44'37" W Zt.zs'/)
L;:=Utrm
e8e,Df8ry 3S98E9sj
54J-57 lrCN ROAO!'rrr aiacP. T.- lltf,!
cERrElEpJg
usi:ouufgcilL
P:5:0afrTilL. [rc
I1!ir a!Il!ur.,)t0 iURv.Y D6?11,/15
JChr l5O[2J662
FLOO D zON E IN FOR M ATION :
EASED M ilE TL@ IN9JF^NCI BAE *AP &'frT FCOENA!
'UERDEJICYlANAGtxEfT ACilCY e[Ustt aN (\s/|/og rto NoEx Mrp REuiio o], or/11/11!rNE FAPATC IY lptcrEo EJlLDrlc(s) sHOm 4t lHlS MA' Oa SlRtfy ls yr-s.r
!9l! aE !1S .r@o ELfvaloN & cw$uur/ tr^uE & ruM0rE cliloi_.rr.quE[AC!-12065L l^p & paN[ ru!6ER l2o8hc!!l1i su+tr L -
sunyEYoR sxorEs:
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729
R7 - Resolutions
R7D Authorizing lssuance By RDA Of Tax lncrement Revenue Bonds ln Amount Not-To-
Exceed $430 Million For Specified Public lmprovements; Authorizing lssuance By City
Of Resort Tax Bonds ln Amount Not-To-Exceed $240 Million For Miami Beach
Convention Center lmprovements; And Authorizing lssuance By City Of Parking
Revenue Bonds ln Amount Not-To-Exceed $80 Million For Parking System
lmprovements.
1.A Resolution Authorizing The lssuance By The Miami Beach Redevelopment
Agency Of Not To Exceed $430,000,000 ln Aggregate Principal Of Tax
lncrement Revenue Bonds (City Center/Historic Convention Village), ln
Accordance With The Requirements Of Chapter 163, Part lll, Florida Statutes, As
Amended; Authorizing Officers And Employees Of The City To Take All
Necessary Actions ln Connection Therewith; And Providing For An Effective
Date. 2:00 p.m. Second Readinq Public Hearinq / Joint Gitv Commission &
Redevelopment Agencv
(Finance)
(First Reading on September 30,2015 - R7E1)
A Resotution Authorizing The lssuance Of Not To Exceed $240,000,000 ln
Aggregate Principal Amount Of City Of Miami Beach, Florida Resort Tax
Revenue Bonds, Series 2015 For The Purpose Of Financing lmprovements To
The Miami Beach Convention Center; Providing For The lssuance Of Additional
Bonds On A Parity Therewith; Providing For The Security And Payment Of All
Bonds lssued Pursuant To This Resolution; Providing Certain Details Of The
Series 2015 Bonds; Delegating Certain Matters ln Connection With The lssuance
Of The Series 2015 Bonds To The City Manager, lncluding Whether The Series
2015 Bonds Shall Not Be Secured By The Debt Service Reserve Account And
Whether To Secure A Credit Facility And/Or A Reserve Account lnsurance
Policy, Within The Limitations And Restrictions Stated Herein; Appointing
Underurrriters, Paying Agent, Registrar And Disclosure Dissemination Agent;
Authorizing The Negotiated Sale Of The Series 2015 Bonds And Approving The
Form And Authorizing Execution Of The Bond Purchase Agreement For The
Series 2015 Bonds; Approving The Form Of Preliminary Official Statement For
The Series 2015 Bonds And Authorizing Execution Of The Final Official
Statement For The Series 2015 Bonds; Covenanting To Provide Continuing
Disclosure ln Connection With The Series 2015 Bonds And Approving The Form
And Authorizing Execution Of A Continuing Disclosure Agreement; Authorizing
Officers And Employees Of The City To Take All Necessary Actions ln
Connection With The lssuance Of The Series 2015 Bonds; And Providing ForAn
Effective Date.2:01 p.m. Second Readinq Public Hearinq
(Finance)
(First Reading on September 30,2015 - R7E2)
Agenda ltem
Date
2.
730
3.A Resolution Authorizing The lssuance Of Not To Exceed $80,000,000 ln
Aggregate Principal Amount Of City Of Miami Beach, Florida Parking Revenue
Bonds, Series 2015, For The Principal Purpose Of Paying The Cost Of Certain
lmprovements To The Parking System, Pursuant To Section 209 Of Resolution
No. 2010-27491 Adopted By The City On September 20,2010; Providing That
Said Series 2015 Bonds And lnterest Thereon Shall Be Payable Solely As
Provided ln Said Resolution No. 2010-27491 And This Resolution; Providing
Certain Details Of The Series 2015 Bonds; Delegating Other Details And Matters
ln Connection With The lssuance Of The Series 2015 Bonds, lncluding Whether
The Series 2015 Bonds Shall Not Be Secured By The Reserve Account And
Whether To Secure A Credit Facility And/Or A Reserve Account lnsurance
Policy, To The City Manager, Within The Limitations And Restrictions Stated
Herein; Appointing Underurriters, A Bond Registrar And A Disclosure
Dissemination Agent; Authorizing The Negotiated Sale Of The Series 2015
Bonds And Approving The Form Of And Authorizing The Execution Of A Bond
Purchase Agreement; Authorizing And Directing The Bond Registrar To
Authenticate And Deliver The Series 2015 Bonds; Approving The Form Of And
Distribution Of A Preliminary Official Statement And An Official Statement And
Authorizing The Execution Of The Official Statement; Providing For The
Application Of The Proceeds Of The Series 2015 Bonds And Creating Certain
Funds, Accounts And Subaccounts; Authorizing A Book-Entry Registration
System With Respect To The Series 2015 Bonds; Covenanting To Provide
Continuing Disclosure ln Connection With The Series 2015 Bonds And
Approving The Form Of And Authorizing The Execution And Delivery Of A
Continuing Disclosure Agreement; Authorizing Officers And Employees Of The
City To Take All Necessary Related Actions; And Providing For An Effective
Date. 2:02 p.m. Second Readinq Public Hearinq
(Finance)
(First Reading on September 30,2015 - R7E3)
(ltem to be Submifted in Supplemental)
731
Condensed Title:
A Resolution following a duly noticed public hearing, creating Restricted Residential Parking
Permit Zone 2llLower Sheridan Avenue with boundaries as follows: On the South, the
Southerlyline of 28th street; On the East, the Centerline of PineTree Drive; On the North, the
N ine of 30th Street: and On the West, the Centerline of Sheridan Avenue.
Glerk's Office lative Trac
T:\AGENDAVOl
COMMISSION ITEM SUMMARY
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From
Non-Vehicular to Vehicular and lncludinq Parkinq).
Data Environmental etc.): N/A
The City received a petition from residents of the Lower Sheridan Avenue neighborhood
requesting the establishment of restricted residential parking program (RRPP) for their
respective neighborhood. The Parking Department initiated the restricted residential
parking program process. The Lower Sheridan Avenue neighborhood is comprised
predominantly of unregulated on-street parking spaces. Currently, the unregulated
areas serve as parking for residents; however, residential parking spaces are
increasingly being displaced by employees of commercial areas seeking free long term
parking at all hours of the day. This activity has prompted residents to initiate a
proactive measure for restricted residential parking. Aworkshop and ballot process was
conducted with 241 notices and ballots sent to residents within the affected areas,
specifically seeking either an endorsement or non-endorsement of the program and
advising that the City's Transportation Parking & Bicycle-Pedestrian Facilities
Committee (TPBPFC) would review this issue on Tuesday, September 8, 2015. The
ballot results were as follows:
! do endorse implementing the Lower Sheridan Ave. RRPP: 38 (85%)
I do not endorse implementing the Lower Sheridan Ave .RRPP: 7 fiiololTotal: 45 (100%)
Therefore, pursuant to Article ll, entitled, "Metered Parking", of the Miami Beach City
Code, Chapter 106-78, entitled, "Creation of residential parking area", the Mayor and
City Commission must hold a public hearing to consider the establishment of a
residential zone for the Lower Sheridan Avenue neighborhood. Administration
Recommendation: Adopt the Resolution.
Advisory Board Recommendation: The TPBPFC reviewed the Administration's
recommendation to establish a program for the neighborhood; heard testimony from residents in
attendance of the meetino: and endorsed the recommendation.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmoact Sumr narv:
Saul Fra extension 6483
MIAMIBEACH
nAve.sum.doc
AGEHDA Rle
732
1915.2015
MIAMIBEACH
City of Miomi Beoch, I200 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSIO EMORANDUM
TO:Mayor Philip Levine and Members of fte City C
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, CREATING RESTRICTED RESIDENTIAL PARKING
PERMIT ZONE 21ILOWER SHERIDAN AVENUE WITH BOUNDARIES
AS FOLLOWS: ON THE SOUTH, THE SOUTHERLYLINE OF 28rH
STREET; ON THE EAST, THE CENTERLINE OF PINETREE DRIVE; ON
THE NORTH, THE NORTHERLYLINE OF 3OTH STREET; AND ON THE
WEST, THE CENTERLINE OF SHERIDAN AVENUE.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach Parking Department received a petition from residents of
the Lower Sheridan Avenue neighborhood requesting the establishment of
restricted residential parking program for their respective neighborhood.
The Parking Department initiated the restricted residentialparking program process.
The Lower Sheridan Avenue neighborhood is comprised predominantly of
unregulated on-street parking spaces. Currently, the unregulated areas serve as
parking for residents; however, residential parking spaces are increasingly being
displaced by employees of commercial areas seeking free long term parking at all
hours of the day. This activity has prompted residents to initiate a proactive
measure for restricted residential parking.
To this end, a publicly noticed workshop was held with residents of the affected
areas at 6:00 P.M. on Thursday, July 9, 2015, at Miami Beach Golf Club. The
workshop was sparsely attended; however, this is historically the case with other
zones. Notification to residents included direct mail to all residents within the
affected areas. Participants had an opportunity to review, comment, and provide
733
October 14, 2015 City Commission Memo
Lower Sheridan Avenue RPP
Page 2 of 4
input. Subsequently, a ballot process was conducted with 241 notices and ballots
sent to residents within the affected areas, specifically seeking either an
endorsement or non-endorsement of the program and advising that the City's
Transportation Parking & Bicycle-Pedestrian Facilities Committee (TPBPFC) would
review this issue on Tuesday, September 8, 2015. The TPBPFC reviewed the
Administration's recommendation to establish a program for the neighborhood;
heard testimony from residents in attendance of the meeting; and endorsed the
recommendation. The ballot questions were as follows:
( ) I do endorse implementing the Lower Sheridan Avenue Restricted
Residential Parking Program.
( ) I do not endorse implementing the Lower Sheridan Avenue Restricted
Residential Parking Program.
Of the 241 ballots mailed to Lower Sheridan Avenue residents, 45 were received
with the following results:
I glg endorse implementing the Lower Sheridan Avenue
Restricted Residential Parking Program.
I do not endorse implementing the Lower Sheridan Avenue
Restricted Residential Parking Program.
Total:
38 (85%)
7 fi5Yol
45 (100%)
Therefore, pursuant to Article ll, entitled, "Metered Parking", of the Miami Beach City
Code, Chapter 106-78, entitled, "Creation of residential parking area", the Mayor
and City Commission must hold a public hearing to consider the establishment of a
residential zone for the Lower Sheridan Avenue neighborhood.
The following is a summary of the recommendations proposed for the Residential
Parking Program for Zone 2llLower Sheridan Avenue:
Restricted Parkinq Boundaries:
o South:
o North:
o East:
o West:
28th Street
3oth Street
Centerline of Pinetree Drive
Centerline of Sheridan Avenue
Restricted Parkins Hqurs:
. Seven days a weekl24 hours a day.
734
October 14, 2015 City Commission Memo
Lower Sheridan Avenue RPP
Page 3 of 4
Residential Parkinq Permit Zone Fees:
Annual Virtual Permit Fee:
Visitor Virtual Perm it:
$50.00 (plus tax) per vehicle
24 Hour Virtual Permit: $1.00 (plus tax)
Requirements:
Bona fide residents of the zone would receive an email with instructions to
subscribe to our online residential virtual permit account. Each resident that wishes
to park vehicle(s) in the restricted parking areas outlined above must register to
participate in the "Lower Sheridan Avenue" Residential Parking Virtual Permit
Program. Copies of the following documents would be required to register and
purchase a permit for the zone:. Government lssued Photo ldentification.o Proof of residency such as current (within last 30 days) utility bill
(electric, gas, phone, etc.).. Valid vehicle registration**
Nofes; ** Vehicle registration(s) with outstanding parking violations will not be
allowed to participate in the residential parking program. All outstanding parking
violations must be satisfied prior to participation.
Promulqation of Requlations:
Signs would be posted in the areas promulgating the appropriate restriction.
Typically two to three signs per block face would be installed. Vehicles parking
within these posted areas, must be registered in the program and be in good
standing.
Residential Parkinq Notice Siqns:
Signs would be posted at the perimeter of the boundaries of the zone, providing
notice of maximum time limits, restricting parking hours and days. This is another
passive measure to provide notice and discourage displacement of parking spaces
in your neighborhood.
Enforcement:
Progressive enforcement would commence on an agreed upon date for a period of
thirty (30) days in the form of warnings. This would graduate to the issuance of
parking citations for a period of thirty (30) days, and subsequently, vehicle
impoundment may be necessary to properly enforce the parking
reg u lations/restrictions.
735
October 14, 2015 City Commission Memo
Lower Sheridan Avenue RPP
Page 4 of 4
The City of Miami Beach Parking Department wants to ensure resident satisfaction
of the program. While there will be routine parking enforcement patrols of the zone,
if there should be a need for parking enforcement services, a "Parking Enforcement
Hotline" is available 24 hours a day/seven days a week. Any and allviolations may
be reported to the Hotline at: (305) 673-9453.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
attached Resolution creating Restricted Residential Parking Permit Zone 14 for the
Lower Sheridan Avenue neighborhood, as described herein.
o_
,,W,,M
T:\AGE N DA\20 1 S\October\LowerSheridanAveRP P. mem. doc
736
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
NOTICED PUBLIC HEARING, CREATING RESTRIGTED
RESIDENTIAL PARKING PERMIT ZONE 21ILOWER SHERIDAN
AVENUE AREA WITH BOUNDARIES AS FOLLOWS: ON THE
SOUTH, THE SOUTHERLY LINE OF 28TH STREET; ON THE
EAST, THE CENTERLINE OF PINETREE DRIVE; ON THE
NORTH, THE NORTHERLY LINE OF 3OTH STREET; AND ON
THE WEST, THE CENTERLINE OF SHERIDAN AVENUE.
WHEREAS, pursuant to Section 106-78 of the City Code, the City received a
petition from the bona fide residents of the Lower Sheridan Avenue neighborhood
requesting the establishment of a restricted residential parking permit zone for the
lower Sheridan Avenue neighborhood with boundaries as follows: on the south, the
southerly line of 28th Street; on the north, the northerly line of 30th Street; on the east,
the centerline of PineTree Drive; and on the west, the centerline of Sheridan Avenue
("Lower Sheridan Avenue Area" or "Area"); and
WHEREAS, a duly noticed public workshop was held on July 9, 2015 for
residents of the affected Area and said notices were also distributed to residents
within 375 feet of the Area; and
WHEREAS, participants had an opportunity to review, comment, and
provide input regarding the proposed residential parking permit zone for the Lower
Sheridan Avenue Area; and
WHEREAS, in addition, a straw balloting process was held via U.S. Mail
whereby 241 ballols were issued and 45 ballots were received with 38 of the 45
responses (85%) of the residents endorsing the creation of the proposed residential
parking permit zone in the Lower Sheridan Avenue Area; and
WHEREAS, the Administration also sent notices to all residents in the Lower
Sheridan Avenue Area and within 375 feet of the Area advising that the City's
Transportation, Parking, and Bicycle-Pedestrian Facilities Committee (TPBPFC)
would review this issue on September 8, 2015; and
WHEREAS, the TPBPFC has reviewed the Administration's
recommendations regarding the proposed Lower Sheridan Avenue Area (which
would be designated as Residential Parking Permit Zone 21), and has unanimously
endorsed the creation of said Area; and
737
WHEREAS, pursuant to Section 106-78 of the City Code, entitled "Creation
of residential parking area," the Mayor and City Commission held a public hearing on
Wednesday, October 14, 2015, to consider the creation of the proposed Lower
Sheridan Avenue Area as a restricted residential parking zone and approve the
creation of the Area.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission, following a duly noticed public hearing, hereby approve the creation of
Restricted Residential Parking Zone 2llLower Sheridan Avenue Area, with
boundaries as follows: on the south, the southerly line of 28th Street; on the north,
the northerly line of 30th Street; on the east, the centerline of PineTree Drive; and on
the west, by the centerline of Sheridan Avenue.
PASSED and ADOPTED this day of ,2015.
Phillip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Glerk k 1rr/t_/75 -
{ Dote
JLM/KGB/SF
T:\AGENDA\2015\October\PARKING\LowerSheridanAveRPPPublicHearing.res.doc
738
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739
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And
City Clerk To Execute Amendment No. 2 To The Design-Build Agreement Between The City Of Miami Beach,
Florida, And Lanzo Construction Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And
Hibiscus lslands Right-Of-Way lnfrastructure lmprovements (The Project), Dated September 18,2014 (The
Contract); The Amendment lncludes Additional Design Services Required To Meet The Revised City Landscape
Ordinance, Home Owners Association (Hoa) Comments And Fire Code Analysis ln The Not-To-Exceed Amount Of
s73.240 With
infrastructure with full accountabi
pporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that
over 77oh of residents rated recently completed capital improvement proiects as "excellent" or "qood".
Item
On July 17,2013, the City Commission approved the negotiations with Lanzo Construction Co., Florida (Lanzo)
pursuant to Request for Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for Neighborhood No. 13:
Palm and Hibiscus lslands Right-of-Way lnfrastructure lmprovement Project. The City negotiated Design and Pre-
Construction Services with Lanzo Construction Co. in the lump sum amount of $599,464, based on the DCP
included in the original solicitation.
On February 12,2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on
Flooding and Sea Rise and the Flooding Mitigation Committee to amend the City's Stormwater Management Master
Plan by modifoing the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal
boundary conditions. The City's Public Works Department (PWD) has requested that staff implement the enhanced
stormwater system criteria.
On December 1,2014, Amendment No.1 was executed per Resolution 2015-28852 adopted on November 19,
2014, in the amount of $251,016, which included additional design services associated with the adopted enhanced
Storm Water Criteria.
The City adopted Tree Ordinance Number 2014-3904, assuming jurisdiction from Miami-Dade County starting June
15, 2015. As such, additional design services are needed in order to meet the revised City landscape ordinance
specifying more stringent mitigation requirements.
Secondly, additional design services are required in order to incorporate HOA comments, PWD change in criteria
relating to transformers placement within City Right-of-Way, and other design criteria clarification into the 60%
Design Documents.
Lastly, based on review comments from the City's Fire Department of the 60% Design Documents, additional
maneuverability analysis as well as corridor improvements (intersection enhancement and widening corridors) were
required and were not included in the DCP.
Pursuant to these required design modifications, the Design-Build Firm submitted a proposal for these additional
services in the not-to-exceed negotiated amount of $73,240. Amendment No.2 (aftached) will revise the total
contract sum for design and pre-construction services to a not-to-exceed total of $923,720.
City staff along with the Design Criteria Professional (Stantec Consulting Services) has evaluated the Design-Build
cost proposal for the additional services and is in agreement that the proposal is fair and reasonable.
The Administration recommends approval of the resolution.
Financial
lnformation:
Amount Account
1 $73,240 Fund 384-2338-061357 - 2003 G.O. Bond Neighborhood
2
OBPI Total $73,240
Financial Impact Summary: N/A
lm and Hibiscus - Lanzo Amendmenl 2 -
Rlr
ro-lFrrq MIAMISrACH
lJl/MARY.dccx
AGENDA
OAT*740
r9r5.2015
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
C ISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14,2015
the City mtsston
A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,NG THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO.2 TO THE DESIGN.BUILD AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA, AND LANZO CONSTRUCTION CO.,
FLORIDA, FOR DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM
AND HIBISCUS ISLANDS RIGHT.OF.WAY INFRASTRUCTURE IMPROVEMENTS
(THE PROJECT), DATED SEPTEMBER 18, 2014 (THE CONTRACT); THE
AMENDMENT INCLUDES ADDITIONAL DESIGN SERVICES REQUIRED TO
MEET THE REVISED CITY LANDSCAPE ORDINANCE, HOME OWNERS
ASSOCIATION (HOA) COMMENTS AND FIRE CODE ANALYSTS IN THE NOT-TO-
EXCEED AMOUNT OF $73,240 WITH PREVIOUSLY APPROPRIATED FUNDING.
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUNDING
$73.240 Fund 384-2338-061357 - 2003 G.O. Bond Neighborhood
$73,240 Tota!
BACKGROUND
On July 17, 2013, the City Commission adopted Resolution No.2013-28251 approving the
negotiations with Lanzo Construction Co., Florida (Lanzo) pursuant to Request for
Qualifications (RFQ) No.251-2013TC, for Design-Build Services for Neighborhood No. 13:
Palm and Hibiscus lslands Right-of-Way lnfrastructure lmprovement Project, further authorizing
the Mayor and City Clerk to execute an agreement for pre-construction services upon
completion of successful negotiations.
On February 12, 2014, the City Commission approved the recommendation by the Mayor's
Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend
the City's Stormwater Management Master Plan by modifying the design criteria for the
tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions.
741
Commission Memorandum - Lanzo Construction
Palm and Hlblscus - Preconstruction Services Neighborhood 13 Project
October 14, 2015
Page 2
The City's Public Works Department (PWD) has requested that staff implement the enhanced
stormwater system criteria.
The Design Criteria Package (DCP) that was originally included in the RFQ had to be revised
to incorporate the new enhanced stormwater criteria, which required additional negotiations
with the Design-Build Firm.
The City negotiated Design and Pre-Construction Services with Lanzo Construction Co., in the
lump sum amount of $599,464, based on the DCP included in the original solicitation.
On December 1,2014, Amendment No.1 was executed per Resolution 2015-28852
adopted on November 19,2014, in the amount of $251,016, which included additional
design services associated with the adopted enhanced Storm Water Criteria.
ANALYSIS
On November 19, 2014, the City adopted Tree Ordinance Number 2014-3904, assuming
jurisdiction from Miami-Dade County starting June 15, 2015. As such, additional design
services are needed in order to meet the revised City landscape ordinance specifying more
stringent mitigation requirements.
Secondly, additional design services are required in order to incorporate HOA comments, PWD
change in criteria relating to transformers placement within City Right-of-Way, and other design
criteria clarification into the 60% Design Documents.
Lastly, based on review comments from the City's Fire Department of the 60% Design
Documents, additional maneuverability analysis as well as corridor improvements (intersection
enhancement and widening corridors) were required and were not included in the DCP.
Pursuant to these required design modifications, the Design-Build Firm submitted a proposal
for these additional services in the not-to-exceed negotiated amount of $73,240. Amendment
No.2 (attached) will revise the total contract sum for design and pre-construction services to a
not-to-exceed total of $923,720.
City staff along with the Design Criteria Professional (Stantec Consulting Services) has
evaluated the Design-Build cost proposal for the additional services and is in agreement that
the proposal is fair and reasonable.
CONCLUSION:
The Administration recommends approval of the Resolution.
ATTACHMENTS:
Attachment A - Lanzo Construction Co., Florida Amendment No. 2
Attachment B - Stantec Consulting Services
JLM\EC\DM
T:\AGENDA\201s\October\ClP\Palm and Hibiscus - Larzo Amendment 2 - l\lEtulO.docx
742
Attachment A
AMENDMENT NO.2
TO THE AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
LANZO CONSTRUCTION CO., FLORIDA.,
FOR
PROGRESSIVE DESIGN.BUILD SERVICES FOR
NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS
RlG HT.OF.WAY I N FRASTRUCTU RE ! M PROVE M E NT PROJ ECT
DATED SEPTEMBER 18, 2014
This Amendment to the Agreement made and entered this _day of 2015 by
and between the City of Miami Beach, a Municipal Corporation existing under the laws of the
State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and LANZO CONSTRUCTION GO., FLORIDA, a
Florida Corporation with its principal place of business located at 125 SE sth Court, Deerfield
Beach, Florida 33441 (Design-Builder).
RECITALS
WHEREAS, On July 17, 2013, the City Commission adopted Resolution No.2013-28251
approving the negotiations with Lanzo Construction Co. Florida (Lanzo) pursuant to Request for
Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for neighborhood No. 13: Palm
and Hibiscus lslands Right-of-Way lnfrastructure lmprovement Project, further authorizing the
Mayor and City Clerk to execute an agreement for pre-construction services upon completion of
successful negotiations; and
WHEREAS, The City negotiated Design and Pre-Construction Services with Lanzo
Construction Co. in the lump sum amount of $599,464; and
WHEREAS, On February 12, 2014, the City Commission approved the recommendation
by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation
Committee to amend the City's Storm Water Management Master Plan by modifying the design
criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary
conditions; and
WHEREAS, On December 1st, 2014, the City Commission executed Resolution No.
2014-28852, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed
$251,016, to include additional design services associated with the adopted enhanced Storm
Water Criteria ; and
WHEREAS, this Amendment No. 2 to the Agreement incorporates additional design
services required to meet the revised city landscape ordinance, comments from Home Owners
Association (HOA), fire code analysis, Public Works Department (PWD) change in criteria
relating to Florida Power and Light (FPL) transformers placement within City Right-of-Way, and
other design criteria clarification; and
WHEREAS, pursuant to these required design modifications, the Design-Build Firm
submitted a proposal for these additional services in the not-to-exceed negotiated amount of
$73,240; and
743
Attachment A
WHEREAS, City staff along with the Design Criteria Professional (Stantec Consulting
Services) has evaluated the Design-Builder cost proposal for the additional services and is in
agreement that the proposal is fair and reasonable; and
WHEREAS, Amendment No. 2 to the Agreement revises the total contract sum to a not-
to-exceed total of $923,720.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment
No.2.
2. MODIFICATIONS
The Agreement is amended to include "Attachment A-2", which is attached and
incorporated herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4, RATIFICATION.
The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this
Amendment No.2.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:CITY OF MIAMI BEACH
Rafael Granado, City Clerk Philip Levine, Mayor
ATTEST:DESIGN-BUILD:
LANZO CONSTRUCTION CO., FLORIDA.,
By
TITLE:TITLE:
Print Name
Attachment:
Attachment A-2
By
Print Name
744
C Stantec
Attachment B
21301 Powerline Road, Suite 31 1
Boca Raton, FL 33433
Tel: (561) 487-3379
Fax: (561) 487-3466
September 22,2015
Olga Sanchez, E.1., LEED AP
Capital Projects Coordinator
CAPITAL IMPROVEMENT PROJECTS OFFICE
1700 Convention Center Drive
Miami Beach, FL 33139
Re:Palm and Hibiscus Neighborhood lmprovements
City of Miami Beach, Florida
Additional Work Cost Presentation
Dear Ms. Sanchez:
Please note that Stantec Consulting has reviewed the request for additional services from Lanzo
Construction dated September 18th, 2015. The project additional services are to meet the revised
city landscape ordinance, comments from Home Owners Association (HOA), fire code analysis,
Public Works Department (PWD) change in criteria relating to transformers placement within City
Right-of-Way, and other design criteria clarification.
The Contractor has requested additional payment for various services valued at $73,240.00.
ln our capacity as the Design Criteria Professional, Stantec has reviewed the submitted request for
additional services. We have found that it is warranted based on the conditions affecting the project
and recommend approval.
lf you have any questions, please feel free to contact me at any time.
Sincerely,
STANTEC GONSULTING SERVICES INC.
Jeffrey Crews, P.E., LEED AP
Senior Associate
V:\2'1 56\activeUl 56 1 2258\cotrespondence\Add Seryices Recomend.docx
Design with community in mind
745
RESOLUTION TO BE SUBMITTED
746
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747
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The
Mayor And City Clerk To Execute An Amendment Of The Current Professional Services Agreement With Gannett
Fleming For The Project Development And Environment Study For The West Avenue Bridge Project (Project) To lnclude
The Design Of The New West Avenue Bridge Over Collins Canal ln The Amount Of $537,328.35 As A Lump Sum Form
Of Contract.
!ntended Outcome Su
Enhance mobility throuqhout the Citv.
Supporting Data (Surveys, Environmenta! Scan, etc.):
Transportation remains one of the most significant areas to address from the 2009 Community Satisfaction Survey
results (often mentioned as a Key Quality of Life lssue). 24o/o of residents rated traffic flow as excellent or good, and
37o/o as poor. 35% of residents rated the availability of pedestrian trails and bicycle paths/lanes as excellent or good,
and 30% as poor.
lssue:
Shallthe and Commission the Resolution?
ltem Summary/Recommendation :
The City of Miami Beach has a current contract with Gannett Fleming, lnc. (Resolution No. 2011-27642) for the Project
Development and Environment Study for the West Avenue Bridge Project; the City Manager is recommending the Mayor
and City Commission to amend the current contract to include Design of the New West Avenue Bridge over Collins
Canal to be able to use the remaining Federal High Priority Project Funding Previously Approved in the 2008/09 Capital
Budget.
On June 11,2015, the City of Miami Beach and Gannett Fleming, lnc. signed an agreement for the Design of the New
West Avenue Bridge over Collins Canal for the amount of $537,328.35 (Resolution No. 2014-28728). Gannett Fleming,
lnc. was selected by an Evaluation Committee as the Top-ranked Proposer.
FDOT informed the City Manager that since they were not part of the evaluation committee, they cannot accept the
selection of Gannett Fleming, lnc. and we need to start a new evaluation process that includes FDOT or the Federal
High Priority Project Funding cannot be used. However, since FDOT was part of the original selection process in 2010
for the Project Development and Environmental Study which selected Gannett Fleming, lnc., the City would be permitted
to amend the previous agreement for the design of the new West Avenue bridge over the Collins Canal.
To proceed with Design of the New West Avenue Bridge over Collins Canal and be able to use the remaining Federal
High Priority Project Funding previously approved in the FY 2008/09 Capital Budget, the City Manager recommends to
amend the existing contract with Gannett Fleming, lnc., to include Design of the New West Avenue Bridge over Collins
Canal in the original contract (Resolution No. 201 1-27642) the amount of $537,328.35 as a lump sum contract. This will
address the FDOT concerns and reach the same end result as the recent procurement.
THE AMINISTRATION RECOMMENS ADOPTING THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
1 $537,328.35 FY 08/09 FHPP Funds (Acct#3032575061357)
2
3
Total $537,328.35
Financial lmpact Summary:
Clerk's Office lative Tracki
m#fiAIAfiAIBHACH 748
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
MEMORANDUM
Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR\AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE REQUEST FOR QUALIFICATIONS NO. 2014.
115.SR, FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES
RELATING TO THE DESIGN OF THE NEW WEST AVENUE BRIDGE OVER THE
COLLINS CANAL (THE "RFQ"); TO WITHDRAW THIS PROCUREMENT PROCESS
AND AMEND THE EXISTING CONTRACT WITH GANNETT FLEMING, INC, WHO
COMPLETED THE PLANNING DEVELOPMENT AND ENVIRONMENTAL PHASE
OF THIS PROJECT; FURTHER AUTHORIZING THE MAYOR AND clTY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROUND
West Avenue is a 1.4 mile local roadway separated by the Collins Canal. West Avenue
currently connects from the MacArthur Causeway to the Venetian Causeway via 17th Street.
The Sunset Harbour Neighborhood is currently experiencing many redevelopment activities with
no direct connection from West Avenue south of 17th Street. Multimodal access to the Sunset
Harbour Neighborhood is currently provided via Alton Road or via 17th Street and Dade
Boulevard. These roadways experience significant congestion and relief is needed.
On May 28, 2014, the Request for Qualifications No. 2014-1 1s-SR (the RFQ) for Design of the
New West Avenue Bridge over the Collins Canal was issued and subsequently opened on July
9, 2014. On September 10, 2014, the Mayor and City Commission approved and authorized
the Administration to enter into negotiation with the top-ranked proposer, Gannett Fleming, lnc.
The City of Miami Beach started the negotiation with Gannett Fleming, lnc. (Resolution No.
2014-28728) for the design of the new West Avenue Bridge over the Collins Canal. On June 1 1,
2015, the City of Miami Beach and Gannett Fleming, lnc. signed an agreement for the amount
of $537,328.35.
749
FDOT informed the City Manager that since they were not part of the evaluation committee,
they cannot accept the selection of Gannett Fleming, lnc. and a new evaluation process is
required that includes FDOT or the Federal High Priority Project Funding cannot be used.
However, since FDOT was part of the original selection process in 2010 for the Project
Development and Environmental Study which selected Gannett Fleming, lnc., the City would be
permitted to amend the previous agreement for the design of the new West Avenue bridge over
the Collins Canal.
CONCLUS!ON
The Amendment of Resolution No. 2011-27642 will allow the City to send the Notice To
Proceed to Gannett Fleming, lnc. to begin the design of the new West Avenue bridge over the
Collins Canal as soon as it's approved. This Amendment will allow the City to use the remaining
Federal High Priority Project Funding Previously Approved. ln addition, it will address the FDOT
concerns and reach the same end result as the recent procurement.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
The City Manager recommends the Mayor and the City Commission amend the Professional
Services Agreement with Gannett Fleming, lnc., Resolution No. 2011-27642 to include the
design of the new West Avenue bridge over the Collins Canal.
utveBWesM^/vRB/PF
T:\AGENDA\201 S\October\PUBLIC WORKS\West Ave. Bridge - MEMO.doc
750
RESOLUTION TO BE SUBMITTED
751
R7 - Resolutions
R7H A Resolution Creating A Special Assessment District To Be Known As The Sunset
lslands 3 And 4 Utility lmprovement District, For A Term Of Ten (10) Years, To Fund The
Placement Underground Of Utilities On Sunset lslands 3 And 4, At An Estimated Cost Of
$2,412,397.70; Providing For The Levy And Collection Of Special Assessments To Fund
The lmprovements; Providing The Manner ln Which Such SpecialAssessments Shall Be
Made; Providing When Such Special Assessments Shall Be Made; Designating The
Lands Upon Which The Special Assessments Shall Be Levied; Providing For Publication
Of This Resolution; And Authorizing Related Actions.
(Office of the City Attorney/Capital lmprovement Projects)
(ltem to be Submitted in Supplemental)
752
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753
&
-
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE GITY COMMISSION
DATE: OCTOBER 14,2015
SUBJECT: CANVASSING BOARD APPOINTMENTS FOR CITY'S NOVEMBER 3, 2015
GENERAL AND SPECTAL ELECTTONS (AND NOVEMBER 17, 2015 RUNOFF
ELECTION, IF NEEDED)
-FOR INFORMATIONAL PURPOSES ONLY4NO ACTION REQUIRED-.
Pursuant to the requirements of law, all members have been appointed to the City of Miami Beach's
Canvassing Board for the City's November 3,2015 General and Special Elections (and the
November 17,2015 Runoff Election, if needed), reflecting the following appointments:
Ganvassing Board Members:
Hon. Don Cohn, County Court Judge; Chair
Rafael E. Granado, City of Miami Beach City Clerk
Elizabeth Wheaton, Qualified Elector
Ca nvass i n g Boa rd Alte rnate/S u bstitute Mem bers :
Hon. Victoria Ferrer, County Court Judge; Chief Judge Bertila Soto's Alternate Appointment
Jimmy McMillion, Qualified Elector; Mayor Philip Levine's Alternate Appointment
The City Clerk will be publishing meeting dates and times of scheduled meetings of the City's
Canvassing Board.
T: \AG E N DA\20 1 S\Octo ber\Canvassi ng Board. docx
COMMISSION MEMORANDUM
Aoenda ltem R1fDateTtTtg754
THE ELEVENTH JUDICIAL CIRCUIT
MIAMI-DADE COUNTY, FLORIDA
cAsE NO. {5-2
(Court Administration)
ADMINISTRATIVE ORDER
NO.15-35lN RE: DESIGNATION OF COUNTY
COURT JUDGE DON S. COHN, AS A
REGULAR MEMBER, JUDGE VICTORIA
FERRER, AS AN ALTERNATE MEMBER,
AND MS. ELIZABETH WHEATON, A
QUALIFIED ELECTOR OF THE CITY OF
MIAMI BEAGH, AS A SUBSTITUTE
MEMBER OF THE CITY OF MIAMIBEACH, FLORIDA GANVASSING
BOARD FOR THE NOVEMBER 3, 2015
GENERAL AND SPECIAL ELECTIONS
AND THE NOVEMBER {7, 20{5 RUNOFF
ELECTION
WHEREAS, on November 3, 2015, the City of Miami Beach, Florlda will be conducting
its General Election for the purposes of electing a Mayor and three (3) City Commissioners, as
well as its Special Election for the presentation to the voters of two (2) ballot questions; and
WHEREAS, in the event a Runoff Election is needed, the City will conduct said election
on November 17,2015; and
WHEREAS, pursuant to State of Florida election [aws, the City is required to designate a
Canvassing Board for these elections; and
WHEREAS, pursuant to Section 102.141, Florida Statutes, the undersigned was
requested to make the following designations to serve on the Ganvassing Board of the City of
Miami Beach, Florida for the November 3, 2015 General and Special Elections and the
November 17,2015 Runoff Election (if necessary): one (1) county court judge to serve as a
"reg.ular membef'; one (1) county court judge to serve as an "alternate member'; and one (1)
qualified elector of the City of Miami Beach to serve as a "substitute member"; and
WHEREAS, the HONORABLE DON S. COHN is available to serve as the regular
member, the HONORABLE VICTORIA FERRER is available to serve as the alternate member
and ELEGTOR ELIZABETH WHEATON is available to serve as the substitute member; and
WHEREAS, the Canvassing Board will convene on November 3, 2015, in connection
with the City of Miami Beach General and Special Elections, November 17,2A15 for the Runoff
Election (if necessary), and for all other meetings convened by the Canvassing Board pertaining
to said elections;
755
NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the
Eleventh Judicial Circuit of Florida:
1. Judge Don S. Cohn is hereby designated to serve as the regular member, Judge
Victoria Ferrer, is hereby designated to serve as ihe alternate member, and Elector
Elizabeth Wheaton is hereby designated to serve as the substitute member, of the City
of Miami Beach, Florida Canvassing Board for the General Election and Special Election
scheduled for November 3, 2015, and the Runotf Election scheduled for November 17,
2015 (if necessary).
2. ln their respective capacities, Judge Gohn and Elector Wheaton will attend all meetings
convened for the Canvassing Board and are hereby authorized to sign all documents
pertaining to said elections as required or as authorized by law.
3. ln the event Judge Cohn or Elector Wheaton is to serve, Judge Ferrer will
serve in his or her stead.
DONE AND ORDERED in Chambers at nis L aay of october,
2015.
BERTTM SOTO, CHIEF JUDGE
ELEVENTH JUDICIAL GIRCUIT OF FLORIDA
756
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757
COMMISSION ITEM SUMMARY
The 2014 City of Miami Beach Community Satisfaction Survey identified traffic congestion and degraded traffic flow as
the number one problem in Miami Beach resident's minds. Daily traffic volumes and limited network capacity has
caused traffic conditions to negatively impact transportation routes and travel times throughout the City, especially
during major events. Given the geometric characteristics of the City, the limited capacity of the street grid, and existing
right-of-way constraints, there are limited to no opportunities to widen roadways or add lanes, thus, it is critically
important for special traffic patterns to be implemented and traffic signals to function efficiently to accommodate the
increased vehicular demand throughout the City.
To mitigate traffic conditions during "high-impact periods", in November 2013, the City Commission approved a pilot
project to engage ATEC (FDOT's traffic engineering consultant for the Alton Road Reconstruction Project) to provide
traffic monitoring and management services during the 2013 Art Basel event period. Based on the positive results
obtained from the pilot project, on March 5, 2014, the City Commission approved a bid waiver for additional traffic
monitoring and management services from ATEC for five (5) major events during the 2014 high impact period (2014
Miami lnternational Boat Show, Winter Party Week, Winter Music Conference, Ultra Music Festival, and Memorial
Weekend). The traffic monitoring and management project has proven to be an effective tool in active arterial traffic
management during special events, improving travel times along portions of major corridors between 7o/o and230o/o.
Based on the improvements to travel time achieved during the 2013-2014 high impact period as a result of ATEC's
services, the City Commission approved a bid waiver to extend the services for seven (7) events during the 2O14-2015
high impact period. To complement the event calendar traffic monitoring and management efforts and as a response to
the lane closures and increased traffic due to roadway construction, the City expanded the scope of work for ATEC to
include monitoring and traffic signal management during morning and afternoon peak hours from February 2015 to May
2015. During that period, ATEC monitored various intersections in the South and Middle Beach areas and developed
trafflc signal timing plans to better adjust to the congested conditions. ln addition, ATEC coordinated with the FDOT
signal contractor for the Alton Road project to ensure signal monitoring, coordination, and repairs were being conducted
periodically and expeditiously. As part of this effort, ATEC also developed travel time thresholds for major corridors in
the South and Middle Beach areas during weekday peak periods and weekend peak periods. These thresholds were
linked to an automated alarm system which would activate if travel times exceeded the thresholdby 25% or more for
more than 15 minutes. Although the scope has increased, ATEC has worked on reducing the maintenance needs of the
devices and other aspects to help reduce the cost of the project. As a result, in comparison to last year's services, the
City will save $101 ,816.46 per year for the next three (3) years.
Given that traffic operations throughout the City is a high priority issue for the Commission, it is important to expand
upon previous efforts and continue to monitor and manage traffic conditions during major events and high impact
periods. The proposed services will include traffic monitoring and management for seven (7) events per year and peak
period monitoring and management between December 1 and May 31 for the next three (3) years (up to Memorial
Weekend 2018) or until the implementation of the City's intelligent transportation system and smart parking system
project, whichever occurs first. Based on the aforementioned documented benefits, the City Manager recommends that
the Mayor and City Commission approve a resolution authorizing the City Manager or his designee to enter into a scope
of services and fee agreement with Advanced Transpo(ation Engineering Consultant, lnc. (ATEC) for the purpose of
implementing a traffic monitoring and management program for three (3) years or until the implementation of the City of
Miami Beach lntelligent Transportation System and Smart Parking System Project; and waiving, by 5/7th vote, the City's
formal competitive bidding requirements, finding such waiver to be in the best interest of the City.
The Administration recommends approvinq the Resolution.
Source of Amount Account
1 $194.310.38 1 06-961 5-000349
2
Total
Financial lm-Ffct Summary: The Administration has budgeted $289,000 in Fiscal Year 201512016for these services.
City Clerk's Office Legislative Tracking:
Transportation\Waiver of Bid - TRAFFIC AND MANAGEMENT
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager,
Or His Designee, To Enter lnto The Attached Scope And Fee Agreement With Advanced Transportation Engineering
Consultant, Inc. ForThe PurposeOf lmplementingATrafficMonitoringAnd ManagementProgram ForThree(3)Years
Or Until The lmplementation Of The City Of Miami Beach lntelligent Transportation System And Smart Parking System
Project, Whichever Occurs First; And Waiving, By 517'n Vote, The City's Formal Competitive Bidding Requirements,
Findlng Such Waiver To Be ln the Best lnterest Of The
Ensure ino All Modes The Citv.
Supporting Data: The 2014 Community Satisfaction Survey results recognized traffic congestion as the number one
Financial I nformation :
(9 MIAMIBEACH AGENDA I758
19i5.2015
MIAMIBEACH
Cify of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO SSION MEMORANDUM
TC: Mayor Philip Levine and Members
FRCM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO ENTER INTO THE ATTACHED SCOPE AND FEE
AGREEMENT WITH ADVANCED TRANSPORTATION ENGINEERING
CONSULTANT, INC. FOR THE PURPOSE OF IMPLEMENTING A TRAFFIC
MONTTORTNG AND MANAGEMENT PROGRAM FOR THREE (3) YEARS OR
UNTIL THE IMPLEMENTATION OF THE CITY OF MIAMI BEACH
INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING
SYSTEM PROJECT, WHICHEVER OCCURS FIRST; AND WAIVING, BY
5I7TH VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING
REQUIREMENTS; FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY.
ADM!NISTRATION RECOMMEN DATION
Approve the Resolution.
KEY INTENDED OUTCOME
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
FUNDING
As part of the budget process, the Administration has budgeted $289,000 in Fiscal Year
201512016 for these services.
BACKGROUND
The City of Miami Beach is one of the main centers of attraction for events in Florida
due to its weather, restaurants, nightlife, beaches, and people. Most major events are
heavily attended and, therefore, increase traffic volumes on the City's already
congested roadway network. The increase in traffic volumes severely burdens
transportation links, signalized intersections, thus negatively impacting mobility
throughout the City, as well as residents' quality of life and visitors' experiences. The
adverse traffic conditions are further exacerbated by roadway closures resulting from
several roadway construction projects as well as special events throughout the City.
759
Commission Memorondum
Extending the Controct with ATEC for Troffic Monitoring ond Monogement Services
October 14,2015
Poge 2 of 5
The 2014 City of Miami Beach Community Satisfaction Survey identified traffic
congestion and degraded traffic flow as the number one problem in Miami Beach
resident's minds. Daily traffic volumes and limited network capacity has caused traffic
conditions to degrade and Level of Service (LOS) conditions to fail along principal
arterials. Failing corridors and intersections also affect other aspects of daily life in the
City. Federal Highway Administration (FHWA) case studies have indicated that traffic
congestion adversely affects the local economy, air quality, and safety of pedestrians
and drivers. The increased congestion also has a direct effect on law enforcement. The
City endures a cost for every police traffic detail deployed during high impact periods
and special events. Research has also demonstrated that as congestion continues to
increase, more valuable hours are being spent driving and more dollars are being spent
on fuel consumption; resources that could be spent on activities to improve our quality-
of-life.
Given the geometric characteristics of the City, the limited capacity of the street grid,
and existing right-of-way constraints, there are limited to no opportunities to widen
roadways or add lanes; thus, it is critically important for special traffic patterns to be
implemented and traffic signals to function efficiently to accommodate the increased
vehicular demand throughout the City.
To mitigate traffic conditions during high impact periods, in November 2013, the City
Commission approved a pilot project to engage Advanced Transportation Engineering
Consultants, lnc. (ATEC) to provide traffic monitoring and management services during
the 2013 Art Basel event period. The project consisted of the installation of
BluetoothA//i-Fi Travel Time Detectors to measure travel times and Pan-Tilt-Zoom
(PTZ) cameras to observe traffic conditions. As an additional tool, the consultant utilized
lnteractive Digital Message Signs (DMS) placed at critical access locations to provide
real-time information to motorists on travel time and parking availability. ATEC was
responsible for collecting the appropriate data, manually adjusting signal timing, and
updating the information on the DMS to correspond to the demand observed. The Pilot
Project yielded positive results in the reduction of travel times and increasing average
vehicular speed and through-put. Based on the positive results obtained in the pilot
project, on March 5, 2014, the City Commission approved the expansion of these
services to cover five (5) events (2014 Miami lnternational Boat Show, Winter Party
Week, Winter Music Conference, Ultra Music Festival, and Memorial Weekend). The
corridors monitored during these events include the following:
o Alton Road between sth Street and 41't Street. Collins Avenue/tndian Creek Drive between sth Street and 44th Street. Washington Avenue between 5th Street and Dade Boulevard. Meridian Avenue between sth Street and Dade Boulevardo MacArthur Causeway/Sth Street between Star lsland and Collins Avenue. 41tt Street between Julia Tuttle and Collins Avenue. Venetian Causeway/Dade Boulevard/Pine Tree Drive between Belle lsle and 41't
Street. 17th Street Between Dade Boulevard and Collins Avenue
760
Commission Memorondum
Extending the Contract with ATEC for Troffic Monitoring ond Monogement Services
October 14, 2015
Poge 3 of 5
o North Michigan Avenue between Dade Boulevard and Alton Road
ln the first year, traffic monitoring and management was found to be an effective tool in
active arterial traffic management during special events. Using the Miami lnternational
Auto Show as a baseline, travel times along the six (6) principal ingress and egress
routes were reduced between 7o/o and 230o/o. Moreover, average speeds along the
routes increased between 8% and 58%. The service has also shown the capability to be
adaptable and flexible in responding to incidents and/or sudden spikes in traffic demand
on a real-time basis.
As a result of the improvements to travel time achieved during the 2013-2014 high-
impact period, the City Commission authorized the Administration to engage ATEC, via
bid-waiver, to deploy Traffic Monitoring and Management for the 2014-2015 high impact
period. For the five (5) major special events during that period, ATEC implemented a
new traffic signal pattern based on observations and results from the previous year.
This new traffic signal pattern modified the timing and phases of the signal operation to
reduce congestion and the need to conduct changes at intersections. Although major
events reported higher attendance, travel times and speeds reported by ATEC were
similar, and in some cases better than, those measured during high impact period 2013-
2014. This demonstrates that the signalized intersections and corridors were efficiently
managing greater vehicular through-put.
To complement the event calendar traffic monitoring and management efforts and as a
response to lane closures and increased traffic due to roadway construction, the City
expanded the scope of work for ATEC to include traffic monitoring and management
during morning and afternoon peak hours from February 2015 to May 2015. That effort
was approved as part of an emergency service. During that period, ATEC monitored
various intersections in the South and Middle Beach areas and developed traffic signal
timing plans to better adjust to the congested conditions. ln addition, ATEC coordinated
with the FDOT signal contractor for the Alton Road project to ensure signal monitoring,
coordination, and repairs were being conducted periodically and expeditiously. As part
of this effort, ATEC also developed travel time thresholds for key corridors in the South
and Middle Beach areas during weekday peak periods and weekend peak periods.
These thresholds were linked to an automated alarm system which would activate if
travel times exceeded the threshold by 25o/o or more for more than 15 minutes.
Exceeding the thresholds would trigger more in-depth monitoring and deployment of the
ATEC traffic signal engineer to the affected corridor(s) to modify signal timing and
relieve congestion.
As part of the effort, the City also engaged ATEC for the purpose of monitoring and
managing traffic during the Miami Beach Centennial Celebration. The scope of services
for this event was similar to the previous special events monitored. The measured travel
times did not exceed the set thresholds and ranged between 5 minutes and 25 minutes
depending on the route. These travel times were found to be consistent with daily
vehicular traffic operations in the City; therefore, no additional resources or traffic
mitigation measures were necessary during this event.
761
Commission Memorondum
Extending the Controct with ATEC for Troffic Monitoring and Monogement Services
October L4,201.5
Page 4 of 5
ANALYSIS
The implementation of traffic monitoring technology, development of special event traffic
signal timing patterns, and real-time traffic monitoring and signal timing modifications
performed as part of ATEC's services over the past two (2) years have proven to
effectively manage traffic conditions during our high impact periods, increase vehicular
through-put, and reduce travel time delays. At this time, ATEC is very familiar with the
City's roadway network and route characteristics during high impact periods and major
special events. As such, the Transportation Department has been in contact with ATEC
to obtain a scope of work and fee proposal for traffic monitoring and management
services during special events and peak period traffic monitoring and management
during high impact period until such time as lntelligent Transportation System (lTS) and
Smart Parking System (SPS) project is implemented (Attachment). The rates offered by
ATEC for these services are the same rates that are currently part of an FDOT contract.
Staff has found these rates to be competitive for these types of services and consistent
with industry rates. As part of its due diligence, staff reviewed other FDOT contracts for
similar services and found that ATEC has the lowest hourly rates...
The scope of work for the 2014-2015 Traffic Monitoring and Management Services
included seven (7) events and active traffic management during peak periods between
February 2015 and May 2015. The proposed scope of services agreement includes
seven (7) events per year and active traffic management during peak periods from
December 1 to May 31 for a period of three (3) years (up to Memorial Weekend 2018)
or the implementation of the ITS and SPS Project; whichever occurs first. Additionally,
the proposed scope of services includes monitoring of key corridors in North Beach.
Although the scope has increased, ATEC has worked on reducing the maintenance
needs of the devices and other aspects to help reduce the cost of the project. As a
result, in comparison to last year's services, the City will save $101 ,816.46 per year for
the next three (3) years.
One of the main objectives of these services is to promote the application of innovative
strategies to improve residents' quality-of-life and visitors' experience. The data
collected as part of these interim services also serves to establish thresholds for travel
time delay, speeds, and other factors, in advance of the implementation of the
permanent lntelligent Transportation System and Smart Parking System Project. The
Administration believes that this objective can be furthered through a continuation of
ATEC's services.
CITY MANAGER'S RECOMMENDATION
Given that traffic operations throughout the City is a high priority issue for the
Commission, it is important to expand upon previous efforts and continue to monitor and
manage traffic conditions during major events and high impact periods. To do so, the
Administration recommends that the City Manager or his designee be authorized to
enter into a scope and fee agreement for traffic monitoring and management services
for three (3) years or until the implementation of the City's permanent lntelligent
762
Commission Memorondum
Extending the Controct with ATEC for Troffic Monitoring ond Monogement Services
October 14,2015
Poge 5 of 5
Transportation System (lTS) and Smart parking System (SPS) Project; whichever
occurs first. lf approved, these services approved would cover traffic monitoring and
management for 14 events and active traffic management from December 1 to May 31
for Fiscal Year 2017-2018.
Based on the aforementioned documented benefits, the City Manager recommends that
the Mayor and City Commission approve a resolution authorizing the City Manager or
his designee to enter into a scope of services and fee agreement with Advanced
Transportation Engineering Consultant, lnc. (ATEC) for the purpose of implementing a
traffic monitoring and management program for three (3) years or until the
implementation of the City of Miami Beach lntelligent Transportation System and Smart
Parking System Project, whichever occurs first; and waiving, by 5t7th vote, the City's
formal competitive bidding requirements, finding such waiver to be in the best interest of
the City.
Attachment: ATEC Traffic Monitoring and Management Cost Proposal
JLM/ hnorftirro
T:\AGENDA\201S\October\Transportation\Waiver of Bid - TRAFFIC MONITORING AND MANAGEMENT MEMO.docx
763
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO ENTER INTO THE ATTACHED SCOPE AND FEE
AGREEMENT WITH ADVANCED TRANSPORTATION ENG!NEERING
CONSULTANT, !NC. FOR THE PURPOSE OF IMPLEMENTING A TRAFFIC
MONTTORTNG AND MANAGEMENT PROGRAM FOR THREE (3) YEARS OR
UNTIL THE IMPLEMENTATION OF THE CITY OF MIAMI BEACH
INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING
SYSTEM PROJECT, WHICHEVER OCCURS FIRST; AND WAIVING, BY 5l7TH
VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS;
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY.
WHEREAS, the 2012 City of Miami Beach Community Satisfaction Survey identified
traffic congestion and degraded traffic flow as the number one problem in Miami Beach
resident's mind; and
WHEREAS, in order to mitigate traffic conditions during "high-impact periods," the City
engaged Advanced Transportation Engineering Consultants, lnc. (ATEC) to initiate a pilot
project to provide monitoring and management services during the 2013 Art Basel event period;
and
WHEREAS, based on the positive results obtained from the pilot project, on March 5,
2014, the City Commission passed Resolution No. 2014-28512 authorizing the Administration
to engage ATEC to provide additional traffic monitoring and management consultant services
for five (5) events (2014 Miami lnternational Boat Show, Winter Party Week, Winter Music
Conference, Ultra Music Festival, and MemorialWeekend); and
WHEREAS, in comparison with events that were not monitored and managed, major
corridors reported improvements in travel time between 7o/o and 230o/o and improvements in
average speeds between 8% and 58%; and
WHEREAS, as a result of the improvements to travel time achieved during the 2013-
2014 high-impact period, the City Commission authorized the Mayor and City Clerk to engage
ATEC to deploy Traffic Monitoring and Management for the 2014-2015 high impact period via
Resolution No. 2014-28667; and
WHEREAS, for the five (5) major special events during that period, ATEC implemented
a new traffic signal pattern based on observations and results from the previous year; and
WHEREAS, although major events reported higher attendance, travel times and speeds
reported by ATEC were similar, and in some cases better than those measured during high
impact period 2013-2014; thus, demonstrating that the signalized intersections and corridors
were efficiently managing greater vehicular through-put; and
WHEREAS, to complement the event calendar traffic monitoring and management
efforts and as a response to lane closures and increased traffic due to construction, the City
expanded the scope of work for ATEC to include traffic monitoring and management during
morning and afternoon peak hours from January 2015 to June 2015; and
764
WHEREAS, during that period, ATEC monitored the South Beach, developed traffic
signal timing plans to better adjust to the congested conditions, and facilitated the conversation
with FDOT Signal Contractors to ensure signal condition monitoring, signal coordination, and
repairs were being conducted periodically and expeditiously; and
WHEREAS, the consultant has worked on reducing maintenance needs of the devices
and other aspects to help reduce the cost of the services; and
WHEREAS, at this time, ATEC is very familiar with the City's roadway network and route
characteristics during high impact periods and major special events; and
WHEREAS, given that traffic operations throughout the City is a high priority issue for
the Commission, it is important to expand upon previous efforts and continue to monitor and
manage traffic conditions during major events and high impact periods; and
WHEREAS, in order to do so, the Administration recommends extending ATEC's
services on an interim basis until the implementation of the City's permanent lntelligent
Transportation System (!TS) and Smart parking System (SPS Project).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the City Manager or his designee to enter into the attached scope and fee agreement
with ATEC lnc. for the purpose of implementing a traffic monitoring and management program
for three (3) years or until the implementation of the City of Miami Beach intelligent
transportation system and smart parking system project, whichever occurs first; and waiving, by
5/7th vote, the City's formal competitive bidding requirements; finding such waiver to be in the
best interest of the City.
PASSED AND ADOPTED THIS DAY OF 2015.
ATTEST:
Rafael E. Granado, City Glerk Philip Levine, Mayor
APPROVED AS TO
rtjnM & LANGUAGE
s,ryj"-re(''ry
765
: g*b r*!IXrc!,Cmrr*rryry
Attachment
Gity of Miami Beach
2016-2017 Active Traffic Management
Scope of Services
October 31,2016 to May 31,2017
ffiEE
Ar{uarrr:e*rl Transpor:tation
Engineering Consultants
Background
ATEC has been monitoring traffic in Miami Beach for the Florida Department of Transportation
(FDOT) since October 20L2 to provide Maintenance of Traffic (MOT) support during
construction along Alton Road. ln November 2013, the City of Miami Beach requested to
provide additional real-time monitoring services during the Art Basel Miami Beach Art Show,
which is one of the "High lmpact Periods" events. ln response, ATEC teamed with the Miami
Beach Police Department and the Miami Beach Emergency Operation Center (EOC)to develop a
traffic monitoring program with the objective of minimizing traffic congestion associated with
the increase in traffic during special events in Miami Beach.
A pilot program was developed and deployed at the 2013 Art Basel Miami Beach Art Show from
December 5 to December 8, 20L3. The program was a success and continuing traffic
monitoring services were provided for the remainder five events for the 2073-2074 Season,
seven events for the 2O14-20L5 Season, and six events for the 2OL5-2O76 Season. ln addition,
active traffic monitoring services were also provided for a three-month period during the 2014-
2015 Season, and for a six-month period during the 2015-2016 Season.
These events, some of which are centralized at the Miami Beach Convention Center, typically
generate and induce traffic congestion within the adjacent area and to/from Miami Beach and
will require a Traffic Mitigation Plan to ensure traffic mobility.
Most of the congestion will be localized along major arterial corridors that serve as the main
northbound and southbound thoroughfares within the City of Miami Beach; consideration will
be given to establish inbound, outbound, and detour routes to Miami Beach.
The City of Miami Beach retained ATEC to provide Active Traffic Management within City of
Miami Beach from October 31, 2016 to May 31, 20L7 . As part of this effort, traffic along various
key corridors within the City of Miami Beach will be actively monitored for abnormal travel
conditions and signal timing support will be provided to improve traffic conditions. ln addition
to these services, traffic monitoring services will also be provided for the following events.
Halloween
Art BaselArt Show
Miami lnternational Boat Show
Winter M usic Conference
Ultra Music Festival
Memorial Day Weekend
October 3L,20!6
December t-4,2076
February L0-L2,2077
March L7-2O,2077
March 24-27,2077
May L9-22,2O17
o
a
a
a
a
a
766
rnrt
,fiL "fiir +x;Ix City of Miami Beach
201 6-2017 Active Traff ic Management
Scope of Services
October 31,2016 to May 31,2017
ME
Ad'ua*nc*rJ Tra nspor?ation
Engineeri ng Consu ltants
Program Objectives
There are four main objectives for the Active Traffic Management program:
L. Minimize traffic impacts. Manage traffic so that reductions in speed and increases in
travel time due to higher traffic volumes is minimized.
2. Manage and provide orderly flow of traffic. Each event not only increases the traffic
volumes on the streets of Miami Beach, but changes the traffic patterns. The day-to-
day traffic signal timing plans are not adequate and must be adjusted in order to
minimize traffic impacts.
3. Minimize the use of police resources for traffic control activities. When the traffic is
being effectively controlled by the traffic signals, police resources can be better utilized
for other aspects of the events.
4. Relay critical real-time travel information via socia! media (Twitter) and/or Variable
Message Signs (VMS signs). lnforming the public of traffic conditions and incidents
helps them make routing decisions that can reduce their travel time. lf drivers are
avoiding an area where there is an incident, then the impacts from that incident are less
severe.
Services Provided
o Private network of wireless Traffic monitoring equipment at 24 fixed locations
o Network of 4 Variable Message Signs (VMS) at 4 locations to be identified in
coordination with the City transportation officials. VMS signs will only be provided
during the events.
o Active traffic monitoring during special events at The City of Miami Beach Emergency
Operations Center (EOC)
o Signaltiming support
o Communications and public information support
Traffic Monitoring Equipment
A network of wireless autonomous solar power stations consisting of Closed Circuit Television
(CCTV) cameras with Pan-Tilt-Zoom (PTZ) capabilities and Bluetooth/Wifi vehicle detection
receivers were designed and deployed throughout the project areas. The CCTV cameras are
used to monitor the traffic in real time. These cdmeros hove no locol or remote recording
capabilities. The Bluetooth/Wifi vehicle detection receivers operate by collecting the Media
Access Control (MAC) addresses from Bluetooth/Wifi enabled devices (such as cell phones and
767
tFrfi;,*t{n.Iffikmm
xmffi
Gity of Miami Beach
2016-2017 Active Traff ic Management
Scope of Services
October 31,2016 to May 31,2017
&TEffi
Arlvan<;e*rJ Tra nsportat inn
Engi neeri ng Cr:nsultants
tablets) from users that pass by the receivers and assigning a time stamp to the address. As a
vehicle moves throughout the network, subsequent receivers collect the same data and
estimate the travel time by comparing timestamps. With a large data sample size, a cumulative
average travel time and speed are calculated. Raw travel time data is anonymously stored by
device identifier at Acyclica Analyzer servers in Colorado. With the device identifiers along a
corridor, past historical travel time data can be recreated for any given time period as long as
data was captured during that time period.
The private wireless network provides bandwidth coverage along the designated area and
insures a stable, secure, and high-speed system that allows the Event Monitoring Team to
monitor the system at multiple locations. A "cloud" server is utilized to provide centralized
access to the real-time video and travel time data and for on-site personnel to perform any
required maintenance.
Traffic Monitoring/Signa I Timing Support
Signal timing plans are updated in the field during monitoring period in order to respond to
actual traffic volumes and patterns. All changes to signal timing plans are made by an
lnternational Municipal Signal Association (IMSA) certified signal systems engineer in
coordination with Miami-Dade County Traffic Signals Division staff.
Coordination at the Miami Beach EOC is provided by the Traffic Monitoring Team. The traffic
engineer stationed at the EOC is responsible for several tasks:
- Monitor the traffic conditions via the CCTV cameras and the vehicle detection devices.
- Maintain the daily traffic monitoring log.
- Scan travel time corridors for areas of congestion by monitoring travel times.
- Contact the signal systems engineer in the field if a signal timing plan needs to be
updated.
- Maintain the City of Miami Beach Police Department and Miami Beach government
officials abreast of traffic conditions.
- Broadcast real-time travel information to the public via Twitter and the VMS signs.
- Coordinate with field technicians when traffic monitoring equipment needs
maintenance.
Communications/Public lnformation Support
The Traffic Monitoring Team keeps the public informed by broadcasting areas of traffic
congestion and optimal routes to travelers via Twitter (using the handle @TrafficAlertSFl) and
768
: .*r r*u +
njx,ffi.,@r'EE
Allvar rt ;*<i Tiansporration
Engi neeri ng Consu ltants
City of Miami Beach
201 6-2017 Active Traff ic Management
Scope of Services
October 31,2016 to May 31,2017
VMS signs. Based on discussions with the City transportation officials, the locations for the
Temporary VMS signs for the special events are identified as following:
A1 - SR l-195/ulia Turtle Cswy facing EB traffic near City of Miami Beach Welcome sign
A2 - Venetian Cswy facing EB traffic E of the East-most bridge
A3 - SR l-395/MacArthur Cswy facing EB traffic by Terminal lsland
44 - Arthur Godfrey Rd facing EB traffic by lndian Creek Drive
The following routes are considered major ingress and egress routes for the majority of the
events:
. 41't Street from l-195/ulia Tuttle Causeway to Collins Avenue
. SR 907/Alton Road South of 41't Street to Dade Blvd.
o Pine Tree Drive South of 41't Street to 23'd Street
o lndian Creek Drive South of 41't Street
. SR A1A/Collins Avenue South of 41't Street
. L7'h Street between SR 907/Alton Road and Washington Avenue
. 5th Street from l-395/MacArthur Causeway to SR AlA/Collins Ave
r Washington Avenue from 5th Street to Dade Boulevard
o Venetian Causeway from east of Harold Plaza to SR 907/Alton Road & Dade Boulevard
. SR 907/Alton Road from 5th Street to Dade Blvd.
o SR A1A/Collins Avenue from 5th Street to 15th Street
Analysis and Documentation
Daily Summary Reports will be provided during special events to the City of Miami Beach
Transportation Coordinator at the end of each event day. A final Event Summary Report will be
submitted within a week of the completion of each of the special events.
Monthly reports summarizing the Active Traffic Monitoring efforts will be provided to the City
of Miami Beach Transportation Department. A Final Technical Memorandum will be submitted
within four weeks after the completion of the six-month monitoring period.
769
t:r !fir ;ffi; *xxxrry City of Miami Beach
201 5-201 6 Active Traffic Management
Scope of Services
October 31,2015 to May 31,2016
ffirtE
Ar.lva:rrrcd Tra nspor?ation
E rrqineering Consu ltants
Background
ATEC has been monitoring traffic in Miami Beach for the Florida Department of Transportation
(FDOT) since October 2012 to provide Maintenance of Traffic (MOT) support during
construction along Alton Road. ln November 20L3, the City of Miami Beach requested to
provide additional real-time monitoring services during the Art Basel Miami Beach Art Show,
which is one of the "High lmpact Periods" events. ln response, ATEC teamed with the Miami
Beach Police Department and the Miami Beach Emergency Operation Center (EOC) to develop a
traffic monitoring program with the objective of minimizing traffic congestion associated with
the increase in traffic during special events in Miami Beach.
A pilot program was developed and deployed at the 2013 Art Basel Miami Beach Art Show from
December 5 to December 8, 2013. The program was a success and continuing traffic
monitoring services were provided for the remainder five events for the 2013-201,4 Season, and
seven events for the 2OL4-2O75 Season. ln addition, active traffic monitoring services were also
provided for a three-month period during the 2014-2015 Season.
These events, some of which are centralized at the Miami Beach Convention Center, typically
generate and induce traffic congestion within the adjacent area and to/from Miami Beach and
will require a Traffic Mitigation Plan to ensure traffic mobility.
Most of the congestion will be localized along major arterial corridors that serve as the main
northbound and southbound thoroughfares within the City of Miami Beach; consideration will
be given to establish inbound, outbound, and detour routes to Miami Beach.
The City of Miami Beach retained ATEC to provide Active Traffic Management within City of
Miami Beach from October 31, 2015 to May 31, 2016. As part of this effort, traffic along various
key corridors within the City of Miami Beach will be actively monitored for abnormal travel
conditions and signal timing support will be provided to improve traffic conditions. ln addition
to these services, traffic monitoring services will also be provided for the following events.
o Halloween
o Art Basel Art Show
o Miami lnternational Boat Show
o Winter Music Conference
o Ultra Music Festival
o Memorial Day Weekend
October 3L,2OL5
December 3-6, 2015
February 12-1,4,201,6
March L8-21,20L6
March 25-28,2076
May 2O-23,2OL6
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City of Miami Beach
201 5-201 6 Active Traffic Management
Scope of Services
October 31,2015 to May 31,2016
MEE
Allvil rr*r.:d Tra n sporta ti o n
Engi neeri ng Con*u ltants
Program Objectives
There are four main objectives for the Active Traffic Management program:
7. Minimize traffic impacts. Manage traffic so that reductions in speed and increases in
travel time due to higher traffic volumes is minimized.
2. Manage and provide orderly flow of traffic. Each event not only increases the traffic
volumes on the streets of Miami Beach, but changes the traffic patterns. The day-to-
day traffic signal timing plans are not adequate and must be adjusted in order to
minimize traffic impacts.
3. Minimize the use of police resources for traffic control activities. When the traffic is
being effectively controlled by the traffic signals, police resources can be better utilized
for other aspects of the events.
4. Relay critical real-time travel information via social media (Twitter) andlor Variable
Message Signs (VMS signs). lnforming the public of traffic conditions and incidents
helps them make routing decisions that can reduce their travel time. lf drivers are
avoiding an area where there is an incident, then the impacts from that incident are less
severe.
Services Provided
o Private network of wireless Traffic monitoring equipment at 24 fixed locations
o Network of 4 Variable Message Signs (VMS) at 4 locations to be identified in
coordination with the City transportation officials. VMS signs will only be provided
during the events.
o Active traffic monitoring dur.ing special events at The City of Miami Beach Emergency
Operations Center (EOC)
o Signal timing support
o Communications and public information support
Traffic Monitoring Equipment
A network of wireless autonomous solar power stations consisting of Closed Circuit Television
(CCIV) cameras with Pan-Tilt-Zoom (PTZ) capabilities and Bluetooth/Wifi vehicle detection
receivers were designed and deployed throughout the project areas. The CCTV cameras are
used to monitor the traffic in real time. Ihese comeros have no local or remote recording
capabilities. The Bluetooth/Wifi vehicle detection receivers operate by collecting the Media
Access Control (MAC) addresses from Bluetooth/Wifi enabled devices (such as cell phones and
tablets) from users that pass by the receivers and assigning a time stamp to the address. As a
vehicle moves throughout the network, subsequent receivers collect the same data and
771
City of Miami Beach
201 5-201 6 Active Traffic Management
Scope of Services
October 31,2015 to May 31,2016
&rtg
Arlva;rncelrJ Tra nsportatiorr
Engineering Corr:;u ltants
estimate the travel time by comparing timestamps. With a large data sample size, a cumulative
average travel time and speed are calculated. Raw travel time data is anonymously stored by
device identifier at Acyclica Analyzer servers in Colorado. With the device identifiers along a
corridor, past historical travel time data can be recreated for any given time period as long as
data was captured during that time period.
The private wireless network provides bandwidth coverage along the designated area and
insures a stable, secure, and high-speed system that allows the Event Monitoring Team to
monitor the system at multiple locations. A "cloud" server is utilized to provide centralized
access to the real-time video and travel time data and for on-site personnel to perform any
required maintenance.
Traffic Monitoring/Signal Timing Support
Signal timing plans are updated in the field during monitoring period in order to respond to
actual traffic volumes and patterns. All changes to signal timing plans are made by an
lnternational Municipal Signal Association (IMSA) certified signal systems engineer in
coordination with Miami-Dade County Traffic Signals Division staff.
Coordination at the Miami Beach EOC is provided by the Traffic Monitoring Team. The traffic
engineer stationed at the EOC is responsible for several tasks:
- Monitor the traffic conditions via the CCTV cameras and the vehicle detection devices.
- Maintain the daily traffic monitoring log.
- Scan travel time corridors for areas of congestion by monitoring travel times.
- Contact the signal systems engineer in the field if a signal timing plan needs to be
updated.
- Maintain the City of Miami Beach Police Department and Miami Beach government
officials abreast of traffic conditions.
- Broadcast real-time travel information to the public via Twitter and the VMS signs.
- Coordinate with field technicians when traffic monitoring equipment needs
maintenance.
Communications/Public lnformation Support
The Traffic Monitoring Team keeps the public informed by broadcasting areas of traffic
congestion and optimal routes to travelers via Twitter (using the handle @TrafficAlertSFL) and
VMS signs. Based on discussions with the City transportation officials, the locations for the
Temporary VMS signs for the special events are identified as following:
772
rc*.x***re- Cityof Miami Beach
=*f ffi 2015-2016 Active Traffic Management:.:::-:--- :a:-i-"-i1:-:-l:.-.. SCOpe Of SefViCgS' '.,: : i ,'',.ii1,1,1";1- october g1,2o1sto May 31,2016
NTTE
Arl'"rrlr r*ei.d Tra nsport*tiorr
Engineeri ng Consullants
A1 - SR l-195/ulia Turtle Cswy facing EB traffic near City of Miami Beach Welcome sign
A2 - Venetian Cswy facing EB traffic E of the East-most bridge
A3 - SR l-395/MacArthur Cswy facing EB traffic by Terminal lsland
44 - Arthur Godfrey Rd facing EB traffic by lndian Creek Drive
The following routes are considered major ingress and egress routes for the majority of the
events:
o 41't Street from l-195/ulia Tuttle Causeway to Collins Avenue
o SR 907/Alton Road South of 4L't Street to Dade Blvd.
o Pine Tree Drive South of 41't Street to 23'd Street
o lndian Creek Drive South of 41't Street
o SR A1A/Collins Avenue South of 41't Street
. 17th Street between SR 907/Alton Road and Washington Avenue
. 5th Street from l-395/MacArthur Causeway to SR AlA/Collins Ave
o Washington Avenue from sth Street to Dade Boulevard
o Venetian Causeway from east of Harold Plaza to SR 907/Alton Road & Dade Boulevard
o SR 907/Alton Road from 5th Street to Dade Blvd.
. SR AlA/Collins Avenue from 5th Street to 15th Street
Analysis and Documentation
Daily Summary Reports will be provided during special events to the City of Miami Beach
Transportation Coordinator at the end of each event day. A final Event Summary Report will be
submitted within a week of the completion of each of the special events.
Monthly reports summarizing the Active Traffic Monitoring efforts will be provided to the City
of Miami Beach Transportation Department. A Final Technical Memorandum will be submitted
within four weeks after the completion of the six-month monitoring period.
773
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R7 - Resolutions
R7K A Resolution Waiving, By 5l7th Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be ln The Best lnterest Of The City, And Approving And Authorizing The
Mayor And City Clerk To Execute Amendment No. 3 (Amendment) To The Agreement
Between The City And Limousines Of South Florida, lnc. (LSF), For Turn-Key Operations
And Maintenance Services Of A Municipal Trolley System For The City Of Miami Beach
(North Beach Trolley Agreement), Executed As Of May 8, 2014, Having An lnitial Term
Of Five (5) Years With Two (2) One (1) Year Renewal Options (At The City's Discretion);
Said Amendment lncreasing The Scope Of The Agreement To lnclude Replacing Four
(4) Of The ln-Step Type Trolley Vehicles, Currently Being Used For The North Beach
Route, With New Low-Floor Type Vehicles (Alternate Vehicles); Adding The Operation
And Maintenance Services For Two New Routes, The Middle Beach Loop And The
Collins Link Route (Collectively, Middle Beach Routes), lncluding The Purchase Of
Eleven (11) New Alternate Vehicles; And lncreasing The Hourly Rate Commensurate
With The Purchase Of The Fifteen (15) New Alternate Vehicles, As Well As The
Additional Staff, Training, Performance Penalties, And Additional Hours Relating To The
Operation Of The Middle Beach Routes; Said Amendment Also Exercising The Two
Renewal Options, ln Advance, Extending The Term Of The Agreement Through May 7,
2021, And Further Extending The Term, As Applicable, As To Each Route, To lnclude
Sixty (60) Months, Commencing As Of The Roll-Out Date For The Alternate Vehicles Of
Each Route; And lncreasing The Cost Of The Agreement Pursuant To Said Amendment,
ln An Amount Not To Exceed $7,500,000 Annually; And Further Authorizing The City
Manager To Approve The Purchase Of Optional Equipment, As May Be Needed ln The
Administration's Discretion, Subject To Funding Availability.
(Transportation)
(!tem to be Submitted in Supplemental)
Agenda ttem R7 K
Da|r- to_ly-ld776
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777
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.
( Procu reme nt/Tra ns Po rtation )
(ltem to be Submitted in Supplemental)
778
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779
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving The Substantive Terms, As Set Forth ln The Draft Agreement Attached As
Exhibit "A" To This Resolution, Between The City And A National Salute To America's Heroes, LLC
(Applicant), For The Production Of An Aircraft Flight Demonstration And Aquatic Show With Ancillary
Activities Such As Entertainment, Exhibits, Concession Sales, Commencing On January 1,2016, And
Ending On December 31, 2021', Authorizing The City Manager To Negotiate And Finalize The
Agreement Based On The Approved Terms Set Forth Herein, And, Further Authorizing The Mayor And
City Clerk To Execute The Final Agreement Upon Conclusion Of Successful Negotiations, Provided
That ln The Event That The City And Applicant Deem lt Necessary To lnclude Any New Substantive
Terms (Which Are Not Contained ln The Attached Draft Agreement) Then Such New Substantive
Terms Shall Be Subiect To Prior The MayorAnd Citv Commission Before Final Execution
lntended Outcome
Maximize The Miami Beach Brand as a World Class Destination
fhe 2014 Community Satisfaction Survey shows that 640/o of residents (compared to 71o/o in 2012),
believe the City has about the riqht number of
From 1995 to 2007, the City of Fort Lauderdale hosted the Air and Sea Show on a four mile stretch of
beach from Oakland Park to Las Olas Boulevard, which attracted hundreds of thousands of resident
locals, domestic and international visitors. From its inception, the Fort Lauderdale Air and Sea Show
was produced by Mickey Markoff, president of MDM Group, Ltd.
At the September znd,2015 Commission meeting, Commissioner Grieco proposed introducing the Air
and Sea Show to Miami Beach during Memorial Day Weekend. The Commission agreed to begin
negotiations with Mickey Markoff, and draft an agreement for the production of the show. The
Administration and Mr. Markoff have negotiated and drafted the attached agreement for your
consideration.
Historically, the City has enacted enhanced staffing during Memorial Day Weekend. With the enhanced
staffing already in place, the City will provide all necessary personnel to provide public safety at the
Event Site and Event lmpact Areas. These services shall include without limitation crowd control, traffic
management, fire rescue, ocean rescue, emergency medical services, and police services. ln the event
that the Applicant requires any additional services or expansion of services, the Applicant shall be
responsible for the payment of all costs and expenses to the City.
for vour consideration.
N/A
Board Recommendation:
Financial !nformation:
Clerk's Office lative Trac
ED\Air and Sea Show Commission
Source of
Funds:
Amount Account Approved
1
OBPI Total
Financial lmpact Summary: The City will provide all necessary personnel to provide public safety at
the Event Site and Event lmpact Areas. These services shall include without limitation crowd control,
traffic management, fire rescue, ocean rescue, emergency medical services, and police services. City
shall be responsible for initial expenses up to the amounts associated with Memorial Day Weekend for
the immediately preceding calendar year, adjusted annually for either (1) wage increases for personnel
for the foregoing City departments or (2) inflation utilizing the United States Bureau of Labor Statistics,
Consumer Price lndex forAll Urban Consumers; U.S. City average (1982-84=100), whichever is lower,
for the Event (the "City's lnitial Contribution"). Applicant shall be responsible for all City's costs and
expenses above the City's lnitial Contribution up to the maximum not-to-exceed amount of $200,000,
with City and Applicant to be mutuallv resoonsible for all costs in excess thereof.
Max Sklar, ext. 6116
E MIAMIBEACH 780
MIAMI BEACH
City of Miomi Beqch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflhe City
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SUBSTANTIVE
TERMS, AS SET FORTH IN THE DRAFT AGREEMENT ATTACHED
AS EXHIBIT 'IA" TO THIS RESOLUTION, BETWEEN THE CITY AND
A NATIONAL SALUTE TO AMERICA',S HEROES, LLC (AppLtCANT),FOR THE PRODUCTION OF AN AIRCRAFT FLIGHT
DEMONSTRATION AND AQUATIC SHOW WITH ANCILLARY
ACTIVITIES SUCH AS ENTERTAINMENT, EXHIBITS, CONCESSION
SALES, COMMENCING ON JANUARY 1, 2016, AND ENDTNG ON
DECEMBER 31, 2021; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND FINALIZE THE AGREEMENT BASED ON THE
APPROVED TERMS SET FORTH HEREIN, AND, FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS, PROVIDED THAT IN THE EVENT THAT THE CITY
AND APPLICANT DEEM IT NECESSARY TO INCLUDE ANY NEW
SUBSTANTIVE TERMS (WH|CH ARE NOT CONTATNED tN THE
ATTACHED DRAFT AGREEMENT) THEN SUCH NEW SUBSTANTIVE
TERMS SHALL BE SUBJECT TO PRIOR APPROVAL BY THE
MAYOR AND CIry COMMISSION BEFORE FINAL EXECUTION
THEREOF
BACKGROUND
From 1995 to 2007 , the City of Fort Lauderdale hosted the Air and Sea Show on a four
mile stretch of beach from Oakland Park to Las Olas Boulevard. Throughout the years,
the City of Fort Lauderdale has attracted hundreds of thousands of resident locals,
domestic and international visitors for the Air and Sea Show. lt was an event that at one
point had been televised in 144 countries and generated millions of dollars in economic
impact for the City of Fort Lauderdale.
From its inception, the Fort Lauderdale Air and Sea Show was produced by Mickey
Markoff, president of MDM Group, Ltd. Founded in chicago in 1986, MDM Group, Ltd.
became an industry leader in the development of multi-dimensional marketing strategies
and the creation of special events. MDM Group, Ltd. has produced a multitude of events
that have include the McDonald's National Salute to America's Heroes, Florida Marlins'
World Series Championship Victory Boar Parade, Disney World's 20th Birthday Party,
781
lceHouse Beer Truck Drop, and the 200th Anniversary of the US Coast Guard.
At the September 2nd, 2015 Commission meeting, Commissioner Grieco proposed
introducing the Air and Sea Show to Miami Beach during Memorial Day Weekend. The
Commission agreed to begin negotiations with Mickey Markoff, and draft an agreement
for the production of the show.
ANALYSIS
The Administration and Mr. Markoff have negotiated and drafted the attached agreement
for your consideration. The substantive terms are as follows:
1. The proposed Air and Sea Show to have an initial term of five (5) years
commencing January 1, 2016 and ending December 31, 2021.
Within the initial term, the Air and Sea show is subject to cancellation of the
Agreement by a motion approved by the City Commission. The Applicant may
also elect to terminate the agreement during the term prior to the August 1't of
the year preceding the next Air and Sea Show Event.
ln the event the Air and Sea Show is canceled by the City, the City shall not
produce or permit the production of an air and sea show on the City's beach for
two (2) calendar years.
The City will provide all necessary personnel to provide public safety at the Event
Site and Event lmpact Areas. These services shall include without limitation
crowd control, traffic management, fire rescue, ocean rescue, emergency
medical seryices, and police services.
City shall be responsible for initial expenses up to the amounts associated with
Memorial Day Weekend for the immediately preceding calendar year, adjusted
annually for either (1) wage increases for personnel for the foregoing City
departments or (2) inflation utilizing the United States Bureau of Labor Statistics,
Consumer Price lndex for All Urban Consumers; U.S. City average (1982-
84=100), whichever is lower, for the Event (the "City's lnitial Contribution").
Applicant shall be responsible for all City's costs and expenses above the City's
lnitial Contribution up to the maximum not-to-exceed amount of $200,000, with
City and Applicant to be mutually responsible for all costs in excess thereof.
ln the event that the Applicant requires any additional services or expansion of
services, the Applicant shall be responsible for the payment of all costs and
expenses to the City.
The Applicant shall be the responsible party for obtaining commitment of
resources, sponsors, subcontractors and finances. The City shall approval all
sponsors of the Event, all goods and services to be promoted, and all items to be
distributed, sold, or given away. The Applicant agrees to list the City of Miami
Beach as a co-sponsor of the Event on all promotional material and advertising
for the Event.
The City shall be responsible for all clean-up costs and expenses associated with the
removal of trash and debris that accumulates on any portion of Event Site, or in the
designated Event lmpact Areas.
It will be the responsibility of Applicant to arrange, coordinate, and pay for all
paking at City facilities and any transit services from these facilities to the Event
Site. All proposed shuttle routes and bus stops shall be approved by the City
Manager as part of the MOT Plan.
l0.Applicant agrees to secure a bond in an amount equal to one hundred and ten
percent (110Yo) of the estimated cost of services for the Applicant requested
additional services or expansion of services requested by Applicant, for the Event
including, without limitation, public safety, maintenance, cleanup, utility
connections, breakdown and removal, storage and repair or replacement of
2.
3.
4.
5.
b.
7
8.
9.
782
property.
Historically, the City has enacted enhanced staffing during Memorial Day Weekend. With
the enhanced staffing already in place, the City will provide all necessary personnel to
provide public safety at the Event Site and Event lmpact Areas. These services shall
include without limitation crowd control, traffic management, fire rescue, ocean rescue,
emergency medical services, and police services. ln the event that the Applicant
requires any additional services or expansion of services, the Applicant shall be
responsible for the payment of all costs and expenses to the City.
CONCULSION
As directed by the City Commission on September 2, 2015, the Administration has
negotiated the attached Agreement with A National Salute to America's Heroes, LLC for
an Air and Sea Show beginning in 2017 during Memorial Day Weekend. The
Agreement is being presented for your consideration.
JLM/KGB/MASruP
T:\AGENDA\20 1 S\October\TCED\Air and Sea Show Commission Memo.docx
783
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, APPROVING THE SUBSTANTIVE
TERMS, AS SET FORTH IN THE DRAFT AGREEMENT ATTACHED
AS EXHIBIT "A'' TO THIS RESOLUTION, BETWEEN THE CITY AND
A NATTONAL SALUTE TO AMERICA',S HEROES, LLC (APPLICANT),
FOR THE PRODUCTION OF AN AIRCRAFT FLIGHT
DEMONSTRATION AND AQUATIC SHOW WITH ANCILLARY
ACTIVITIES SUCH AS ENTERTAINMENT, EXHIBITS, CONCESSION
SALES, COMMENCING ON JANUARY 1, 2016, AND ENDING ON
DECEMBER 31, 2021; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND FINALIZE THE AGREEMENT BASED ON THE
APPROVED TERMS SET FORTH HEREIN, AND, FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS, PROVIDED THAT IN THE EVENT THAT THE CITY
AND APPLICANT DEEM IT NECESSARY TO INCLUDE ANY NEW
SUBSTANTIVE TERMS (WHICH ARE NOT CONTAINED lN THE
ATTACHED DRAFT AGREEMENT) THEN SUCH NEW SUBSTANTIVE
TERMS SHALL BE SUBJECT TO PRIOR APPROVAL BY THE
MAYOR AND CITY COMMISSION BEFORE FINAL EXECUTION
THEREOF.
WHEREAS, Applicant has requested approval from the City to conduct its aircraft
flight demonstration and aquatic show with ancillary activities such as entertainment,
exhibits, souvenir sales and refreshment sales (hereinafter referred to collectively as the
"Air and Sea Show" or "Event"); and
WHEREAS, City has been advised that, due to the scope and magnitude of the
proposed Air and Sea Show, Applicant desires a contract with City for an initial term of
five (5) years so that Applicant can appropriately plan the commitment of resources,
sponsors, subcontractors and finances; and
WHEREAS, City recognizes that the Event is a unique branded event requiring
significant capital and time investment and, as such, is willing to enter into a draft agreement
with Applicant, subject to the terms and conditions contained in the attached Exhibit "A," and
subject further to the conditions contained in this Resolution with respect to negotiation of
the finalAgreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City
Commission hereby approve the substantive terms, as set forth in the draft agreement
attached as Exhibit "A" to this Resolution, between the City and A National Salute To
America's Heroes, LLC (Applicant), for the production of an aircraft flight demonstration
and aquatic show with ancillary activities such as entertainment, exhibits, concession
sales, commencing on January 1,2016, and ending on December 31 ,2021; authorizing
the City Manager to negotiate and finalize the agreement based on the approved terms
784
set forth herein, and, further authorizing the Mayor and City Clerk to execute the final
agreement upon conclusion of successful negotiations, provided that in the event that
the City and applicant deem it necessary to include any new substantive terms (which
are not contained in the attached draft agreement) then such new substantive terms
shall be subject to prior approval by the Mayor and City Commission before final
execution thereof.
PASSED and ADOPTED this 14th day of October,2015.
Philip Levine, Mayor
ATTESTED BY:
Rafael E. Granado, Gity Clerk
T:\AGENDA\201S\OctobeATCEDlAir and Sea Show Commission Reso.docx
APPrcVEDASlO
FORM & ITNGUAGE
SFOB EXECIiITIC'N
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AGREEMENT
THIS AGREEMENT is entered into on this _ day of 2015,
between
THE CITY OF MIAMI BEACH, a municipal corporation of the State of Florida,
hereinafter referred to as "City",
and
A National Salute to America's Heroes, LLC, a Florida Limited Liability Company
hereinafter referred to as "Applicant".
WHEREAS, Applicant has requested approval from the City to conduct its aircraft flight
demonstration and aquatic show with ancillary activities such as entertainment, exhibits,
souvenir sales and refreshment sales (hereinafter referred to collectively as the "Air and Sea
Show" or "Event").
WHEREAS, City has been advised that, due to the scope and magnitude of the
proposed Air and Sea Show, Applicant desires a contract with City for an initial term of five (5)
years so that Applicant can appropriately plan the commitment of resources, sponsors,
subcontractors and finances.
WHEREAS, City recognizes that the Event is a unique branded event requiring significant
capital and time investment and, as such, is willing to enter in to this agreement with Applicant,
subject to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, and other good and valuable consideration, the receipt and adequacy of
which are acknowledged, the parties agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are incorporated herein by reference.
2, DEFINITIONS. For the purposes of this Agreement, the Deflnitions set forth below are
agreed upon by the parties:
a. "Agreement*' means this Agreement between the City and Applicant,
including all of the attached and/or referenced Exhibits, as the same may be
amended from time to time, in writing signed by both parties and with any such
amendment, as to the City, further subject to the approval of the Mayor and City
Commission.
b. "Applicant" means A National Salute to America's Heroes, LLC, a Florida Limited
Liability Company authorized to do business in the State of Florida.
c. "City" means the City of Miami Beach, Florida, a municipal corporation of the State
of Florida.
d. "Contract Administrator" means, as to City, the City Manager or his designee, and,
as to Applicant, the Manager of A National Salute to America's Heroes, LLC, or
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e.
his/her designee. ln the day to day oversight and administration of this Agreement,
and except where otherwise provided herein, contrasted with the parties may rely
upon instructions or determinations made by the respective Contract Administrators.
The Contract Administrators may not make any change to this Agreement without the
approval of a written amendment to this Agreement, executed by City and
Applicant and, as to City, further subject to the prior approval of the Mayor and
City Commission.
"City Manage/' means the City of Miami Beach's City Manager or his or her
designee.
"City Commission" means the City of Miami Beach City Commission.
"Event lmpact Areas" means the areas outside the Event Site that are directly
impacted by the Event. The Event lmpact Areas shall be determined by the City
Manager, in his sole and responsible discretion; provided, however, that the City
Manager may (but shall not be obligated to) consult with Applicant prior to
making his determination. ln the event of a disagreement between Applicant and the
City regarding the Event lmpact Areas, the City Manager's decision shall be final
and binding upon the parties as to the determined Event lmpact Areas.
"Event Period" means the dates of Memorial Day Weekend annually. The Air and Sea
Show shall take place annually on Memorial Day Weekend over a three-day period
beginning on a Friday and ending on a Sunday. The Applicant may utilize the
Thursday immediately preceding the Event as a practice day for performers and
equipment utilized or performing during the Event. No concessions or hospitality tents
shall be operating or open during the practice day. The Event Period may be revised
upon the mutual consent of the City Manager and the Applicant, and, if revised, any
new Event period shall be memorialized as a formal written amendment to this
Agreement, and shall be subject to approval by the City Commission.
"Breakdown" shall mean the use of heavy equipment, machinery or vehicles which
use backup alarms in the deconstruction of the Event structures in a manner that may
produce noise or othenruise disturb area residents. The term Breakdown shall not
include the clean-up or wind-down of Event operations in a manner that does not
involve heavy equipment and machinery.
"Event Site" means, the area within the City used to hold the Event and shall
generally refer to the area east of Ocean Oilve, from Sth Street - 1sth Street; as
more specifically described in Exhibit "A" hereto.
"Maintenance of Traffic Plan" shall have the meaning given to such term in Section
6.
"Public Safety Plan" shall have the meaning given to such term in Section 5.
"Repair" shall mean any work (including all third party labor, supplies, materials
and equipment) reasonably necessary to repair, restore, or replace any property,
equipment, building, structure, ,or any other component within the Event Site, if such
work is necessitated by any damage or destruction caused by (i) the acts or
omissions of the Applicant and/or its employees, contractors, subcontractors,
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and/or agents, and/or (ii) the acts or omissions of third parties, including licensees
or invitees of the Applicant.
n. "Restricted Event Area" shall mean the restricted area located within the Event
Site utilized by Applicant for command and control, landing zone, operations, and
hospitality.
o. "Event Site Plan" shall have the meaning given to such term in Section 4.
p "Term" shall have the meaning given to such term in Section 21.
3. PERMISSION TO USE, Subject to the terms and conditions in this Agreement, Applicant
shall be entitled to use the Event Site, in order to conduct its Air and Sea Show. The actual
extent of the area within the Event Site to be used shall be limited by the water line and the
Maintenance of Traffic ("MOT') Plan. The right to use the Event Site shall not imply that the
Applicant is allowed to close streets and transportation corridors that are defined as part of the Event
Site, unless such closures are approved, in writing, by the City Manager, in his sole and reasonable
discretion.
The City Manager or his designee shall have the right to approve or deny the use of all
promotional materials and advertising for the Event, which approval shall not be unreasonably
withheld. lf, upon review, the City Manager or his designee denies the use of certain promotional
materials, the City shall identify with specificity the basis for such denial, and the Applicant shall
use best efforts to remove the specifically restricted materials.
Applicant agrees to list the City of Miami Beach as a co-sponsor of the Event on all promotional
material and advertising for the Event.
The parties agree that alcohol shall only be permitted in the Restricted Event Area. Applicant's
alcohol sales during the Event shall be governed in accordance with all applicable Florida
Statutes and sections of the City of Miami Beach Code of Ordinances.
4. CITY SPECIAL EVENT PERMIT APPLICATION: Not less than one hundred twenty
(120) days prior to the first day of the Event Period, Applicant shall complete and submit a
Special Event Application and provide the City with the following.
a. For the Event Site, a detailed Site Plan for the Event showing locations that will be
designated for Applicant's exclusive use (including, without limitation the Restricted
Event Area), detailing the locations of any tents, sanitary facilities, parking, stages,
booths, concessions, alcoholic beverage service areas, etc. and the boundary
lines, including those down to the waterline (as allowed by law), of any fences,
barriers etc. to be constructed at the Event Site, and (the times when such borders,
fences and/or facilities will be constructed, operated and dismantled. The Site
Plan shall be subject to the review and approval by the appropriate City
departments. After review by the appropriate City departments, the final
proposed Site Plan shall be subject to the review and written approval of the City
Manager. A final inspection will be conducted by the City immediately prior to the
Event to ensure that the location of all tents, booths, sanitary facilities, stages,
etc. are in accordance with the City approved Site Plan and all Applicable Laws.
The City approved Site Plan shall be incorporated into this Agreement as Exhibit
"D" hereto.
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b. A description of all activities and events to occur at the Event Site,
(including, without limitation, the Restricted Event Area) including permissible
activities and any maintenance of the waterline fence, barrier, and/or borders
during the Event.
c. The cellular and business phone numbers of the individuals in charge of the
various aspects of the Event.
d. Copies of all appropriate permits and licenses required by the City. These permits
include, but are not limited to, permits necessary for tents, merchandise, food and
beverage vendors, and electrical connections.
e. All sponsors of the Event, all goods and services to be promoted, and all items to
be distributed, sold, or given away must have the prior written approval of the
City Manager, which approval if given at all, shall be at the City Manager's sole
discretion.
f. Applicant shall provide any other deliverable required by the City Manager,
whether same is required pursuant to the City's Special Event Rules and
Regulations, which are attached and incorporated as Exhibit '_' hereto, or
whether required in order to safeguard and ensure the health, safety, and welfare
of the City's residents and visitors during the Event Period.
5. PUBLIC SAFETY PLAN FOR THE EVENT. Because of the physical size of the Event
and the number of people that may attend, City shall arange for all necessary personnel, at City's
expense and further in such type, manner and number, as it may be determined by the City
Manager, in his sole and reasonable discretional judgement, to ensure the appropriate level of
public safety at the Event Site and Event lmpact Areas, but not for the Restricted Event Area,
which shall be provided at Applicant's expense. The parties may consult with each other in regard
to the levels of security, including the scaling down of such services for the set up and tear down of
the Event. Applicant is required to provide signage, and will set up and remove such signage at no
cost to the City.
a, The Applicant shall provide a Public Safety Plan for the City Manager's review
and approval, no laterthan one hundred and twenty (120) days priorto the date
of the Event. This plan shall include, but not be limited to, the Applicant's planned
actions to respond to and mitigate various potential criminal and/or emergency
incidents which may occur during the Event. The Applicant's Publlc Safety Plan
shall be subject to review and approval by the City Manager. After receiving the
Public Safety Plan from the Applicant, the City shall work with the Applicant in order
to properly determine the number of personnel necessary to effectively and
efficiently carry out the Public Safety Plan. The City shall develop an anticipated
budget for the Public Safety Plan and other City services, and provide the
anticipated budget to the City Manager. The City Manager shall have the
absolute sole right and discretion to approve the Public Safety Plan, including
any revisions or adjustments thereto. ln the event of a disagreement between
Applicant and the City regarding the number of personnel required for the Public
Safety Plan and the anticipated budget of the Public Safety Plan, the City
Manage/s decision shall be final. The final City approved Public Safety Plan shall be
attached and incorporated as Exhibit "B" to this Agreement.
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b.
c.
d
Applicant shall make arrangements with the appropriate City department(s) to
provide police, fire, ocean rescue and EMS protection. These arrangements
must be reviewed and approved by the City.
The parties will act in good faith to keep the other party notified of the latest
information and any new developments or incidents that might cause additional
public safety personnel to be deployed to the Event.
ln addition to the City approved Public Safety Plan, the City's Police and Fire
Departments will author separate comprehensive lncident Action/Operational Plans
specific to their duties. Such plans will take into consideration several factors, to
include nationally accepted event planning and management guidelines utilizing the
National lncident Management System (NIMS) and the lncident Command System
(lCS). These plans will be fluid up until the conclusion of the event and may
change based on real time intelligence, threat information, and other such inputs.
Local representatives and agents from the Federal Bureau of lnvestigation (FBl)
Special Events Unit, the Department of Homeland Security (DHS), Navy Criminal
lnvestigative Service (NCIS), and other public safety partners will assist in
determining the level and magnitude rating of this event, advise of any potential
national security considerations, and provide intelligence gathering and event threat
assessment assistance. Due to the sensitive security and safety implications of
such plans, they will be kept confidential, accessible to City officials, Police/Fire
personnel and Applicant only and shall not, be available for public or media
distribution.
The cost for any additional services or expansion of services requested by
Applicant, in writing, beyond the services being provided by City for the Event,
including the Event Site and Event lmpact Areas, as established in the Event
Permit Application, shall be an expense to Applicant and City shall be paid for all
costs and expenses in association with any such additional or expansion of
services provided to Applicant. Expansion of services means enhancements of
activities, any changes in the type of activities provided or changes in parameters of
Event or the Event lmpact Areas or the Event Site, caused by or requested by
Applicant, including physical location and boundaries that result in an increase in
the City's cost to provide all necessary services.
Should Applicant request non-critical public safety services, such as a police
escort, or if such services are beyond the City's ability to provide, Applicant may
make such anangements and coordinate these services with the City. The cost for
these additional services shall be an expense to Applicant, and all such costs and
expenses shall be paid to City within the time frame as set forth in Section 19,
Reimbursement of Costs and Expenses.
ln the event of an emergency or disaster during the Event, at the Event site or as a
direct result from the Event activities, that requires public safety resources beyond
the City approved Public Safety Plan, it shall be the responsibility of the Applicant
to reimburse the City's reasonable additional cost to respond to such emergency or
disaster. This section shall not apply to any natural disaster, act of terrorism, or act of
God that may occur at the Event Site during the Event including, without limitation, a
hurricane, lightning strike, tornado or any other such causes whatsoever beyond the
control of the parties and unrelated to the Event
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790
6. STREET CLOSINGS: The City Manager reserves the right, at his sole discretion, to
approve all street closings, including those streets and transportation conidors that are defined as
part of the Event Site, in association with the Event, and any requests for street closings shall be
included with the MOT Plan that is submitted by Applicant. Applicant agrees to coordinate and make
the appropriate arrangements with any merchants or residents affected by any street closures to
ensure they are provided sufficient and reasonable access to their businesses and residences.
a. Not less than one hundred and twenty (120) days priorto the date of the Event,
Applicant shall provide to the City a MOT Plan for the City Manager's review and
approval. The City approved MOT Plan shall be incorporated into this Agreement
as Exhibit "C," containing a construction and automotive and pedestrian traffic flow
schedule detailing the opening and closing times for all streets, lanes, pedestrian
walkways and/or traffic corridors and outlining the use of any and all variable
message signs for the City's review and approval. No street, lane or traffic corridor
closures will be permitted unless included in the City approved MOT Plan. Applicant
agrees to provide the City with emergency access to all areas included in the
Event Site. Applicant acknowledges that traffic control plans shall accommodate the
ingress and egress to residences during the course of the Event.
7. PARKING AND TRANSIT SERVICES: lt will be the responsibility of Applicant to
arrange, coordinate, and pay for all parking at City facilities and any transit services from these
facilities to the Event Site. All proposed shuttle routes and bus stops shall be approved by the City
Manager as part of the MOT Plan. City agrees to invoice Applicant at the approved special event
parking rate for any public metered parking spaces that are removed from public use as
requested by the Applicant and approved by the City Manager. All parking lot requests must be
in writing at least ninety (90) days in advance of the Event. An estimate of parking charges will be
provided to Applicant no more than fourteen (14) days after receiving written requests. Applicant
understands that the approved special event parking rate is a daily rate and may not be prorated.
8. MAINTENANCE OF EVENT SITE AND EVENT IMPACT AREAS:
a. Applicant shall be responsible for and shall provide sufficient temporary public
sanitary facilities as to meet the requirements established by the City. Applicant
shall provide daily service of the facilities at all times during the Event Period. The
cost of such temporary public sanitary facilities shall be an expense to Applicant
and all costs and expenses for facilities furnished by the City to Applicant shall be
paid to City within the time frame as set forth in Section 19, Reimbursement of Cost
and Expenses. Applicant shall not be responsible to pay for clean-up of City public
rest room facilities.
b. The City shall be responsible for all clean-up costs and expenses associated with the
removal of trash and debris that accumulates on any portion of Event Site, or in the
designated Event lmpact Areas. Applicant shall be responsible for all clean-up
costs and expenses associated with the removal of trash and debris that accumulates
on any portion of the Restricted Event Area. All trash shall be collected and
removed throughout the Event with final clean-up being completed within 24 hours of
the Event completion. The requirement to remove trash and debris includes street
sweeping. The City will be responsible for and pay for all costs associated with
trash and debris removal within the Event Site and Event lmpact Areas.
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c. ln the event the Applicant wishes to utilize temporary mobile cellular
communication service boosting) towers, which can also benefit public safety by
increasing the E-911 capabilities of the specific service provider, the Applicant
must notify the City Police and Fire Departments and agrees that the contracted
equipment provider with whom they procure such equipment, services etc. will work
closely with the City Radio Engineers to confirm the temporary towers will not
interfere with the City or County public safety radio frequencies.
CONSTRUCTION OF FACILITIES, STRUCTURES, CANOPIES, TENTS AND
CONCESSION STANDS;
a. Applicant shall be allowed to construct and maintain, on the Event Site, such
facilities and structures that are necessary for the Event including, but not limited to,
fences, barriers, grandstands and signs, as approved by the City Manager and at
such locations as approved by the City Manager.
b. All such structures, facilities, concession stands and canopies erected on an
agreed upon date after consultation with the City's Special Event staff, and
deliveries related thereto, can be made to the Event Site, provided however that
Applicant shall be entitled to set up no later than the Monday prior to the Event.
All such structures must be removed within seventy-two (72) hours following the
conclusion of the Event. Applicant shall be permitted to erect canopies, tents,
stages and/or concession stands to sell additional merchandise for the Event at
City-approved locations within the Event Site. Any setup or tear down of such
structures, shall be in accordance with the City's Noise Ordinance.
c. Applicant is hereby granted permission to erect canopies, tents, and concession
stands, at such locations in accordance with the approved Site Plan. lt is further
agreed and specifically understood that permission to erect such canopies, tents
and concession stands, is conditioned upon Applicant complying with the following:
(1) Applicant shall obtain approval by the City Fire Department and file with
its application evidence that such canopies, tents, awnings and/or
concession stands which are to be used during the period of time
encompassed by this Agreement are of fireproof material and will not
constitute a fire hazard. City's Building Department must review and
approve the proposed use of any temporary structure used in association
with the Event in accordance with the standard criteria as outlined in the
City's Code of Ordinances and Florida Building Code.
d. All construction, installations and services, including electrical hook-ups, shall be
made at Applicant's expense and approved in advance by the City's Building
Department. lf electricity is required, Applicant shall negotiate arrangements for
such service with the City or a licensed contractor. This cost shall be an expense to
Applicant and, if furnished by City, shall be paid to City within the time frame as set
forth in Section 19, Reimbursement of Costs and Expenses.
e. Unless Applicant receives prior specific written permission by the City Manager, no
construction or installations shall involve the use of stakes or other material that may
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break the surface or deface any infrastructure such as asphalt, concrete, brick or
any plant material.
f Applicant shall provide all day access passes to the necessary City staff required to
work the Event. Applicant and City will agree to the list of passes that will be
distributed for the Event at least ten (10) days prior to the Event. Additionally,
Applicant shall provide an operations tent to be utilized by the City Manager during
the Event days. Location of this operations tent shall be determined by the City
Manager.
10. MAINTENANCE OF AND PAYMENT FOR DAMAGE TO PROPERTY: Regardless of
the cause, Applicant shall be responsible for any damage to any and all property located or
situated within the Restricted Event Area and the Event Site. lt is further agreed that City shall
inspect the Restricted Event Area and Event Site for damage no later than the Wednesday
immediately following the Event, and, if as a result of said inspection, damage is found to exist,
City shall furnish Applicant with a written report of such damage by the close of business within
fourteen (14) days following the Event. The report shall state the cost to be paid by Applicant to
remedy the damage. This cost shall be paid by Applicant within fourteen (14) days after
Applicant receives the City's report.
11. SECURITY: All construction materials, equipment, goods, signs and any other personal
property of Applicant shall be protected solely by Applicant. Applicant acknowledges and
agrees that City assumes no responsibility whatsoever for any such item and that the security
and protection of any such item from theft, vandalism, the elements, acts of God, or any other
cause, are strictly the responsibility of Applicant.
i2. SUBLEASES ASSIGNMENTS, OR TRANSFERS: Applicant shall not assign, sublease
or transfer any of its obligations or rights under this Agreement, in whole or in part, to any
person. The foregoing notwithstanding, the City acknowledges that Applicant will have
subcontractors providing services to Applicant in order for Applicant to effectuate this
Agreement and the hiring of such subcontractors shall not be a violation of this paragraph.
13. LTCENSES AND PERMITS; COPYRIGHTS, PATENTS AND TRADEMARKS: At least
fifteen (15) days priorto the annual Event, Applicant agrees to secure and pay for all licenses,
permits or other governmental approvals that may be required by any governmental agency
having jurisdiction over the Event Site or any aspect of the Event, including, without limitation, any
approval required by the City, Miami-Dade County, State of Florida and/or any agency of the U.S.
government, and shall also be responsible for obtaining an incidental take permit for the protection
of sea turtles issued by the appropriate governmental agency. Additionally, if Applicant intends to
use any item which is or may be protected from infringement, such as but without limitation,
copyrights, patents and trademarks, if requested by City, Applicant shall provide City fifteen (15)
days in advance of the first date of property use, evidence showing mat the applicable licenses,
peimits and/or permission have been secured and, if applicable, all fees have been paid in full by
Applicant The provisions of this paragraph specifically apply to the American Society of
Composers, Authors and Publishers ('ASCAP"), Broadcast Music lncorporated ("BMl") and any
other similar organization mat may require written permission and payment of a fee for use of
protected material. Applicant shall ensure that all performance payments required to be made under
such licenses are made promptly and directly to the licensing organizations. Copies of all said
licenses or reports shall be submitted to City upon request ln the event Applicant fails to submit the
licenses or reports as required herein or the documentation is not satisfactory to City, Applicant shall
be responsible for payment to City for all license fees incurred by the City in connection with the
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793
Event City shall have no responsibilities to any performing rights licensing organizations for any
performance during the Event.
14. STANDARDS OF CONDUCT; COMPLIANCE WITH RULES, REGULATIONS,
ORDINANCES: Applicant agrees that at all times it will conduct its activities with full regard for
public safety and will observe and abide by all federal, state and local laws, the federal and state
constitutions, and all rules, regulations and ordinances of City and any other governmental agency
having jurisdiction including, without limitation, those relating to noise, building, zoning, gambling,
fire protection, liquor regulation, sanitation and food facilities and hours of operation. Applicant shall
further take all precautions and use due care to conduct its operations in a safe and prudent
manner with respect to its agents, employees and visitors to the Event.
15. INSURANCE: The applicant shall provide and maintain at all times during the term of any
contract, without cost or expense to the City, policies of insurance, with a company or
companies authorized to do business in the State of Florida, and which are acceptable to the
City All required insurance will be placed with carriers licensed to do business in the State of
Florida, having agents upon whom service of process may be made in the State of Florida,
insuring the applicant against any and all claims, demands or causes of action whatsoever, for
injuries received or damage to property relating to the performance of duties, services and/or
obligations of the applicant under the terms and provisions of the contract. The applicant is
responsible for timely provision of certificate(s) of insurance to the City at the certificate holder
address evidencing conformance with the contract requirements at all times throughout the term
of the contract.
Such policies shall remain in full force and effect during the Event and shall specifically include
those times of setup and breakdown in connection with the Event. Such policies of insurance,
and confirming certificates of insurance, shall insure the applicant is in accordance with the
following minimum limits:
a. General Liability insurance on forms no more restrictive than the latest edition of
the Occurrence Form Commercial General Liability policy (CG 00 01) of the
lnsurance Services Office or equivalent without restrictive endorsements, with
the following minimum limits and coverage.
Each Occurrence/General Aggregate
Products-Completed Operations
Personal & Adv. lnjury
Fire Damage
Medical Expense
Contractual Liability
b. Liquor Liability with the following minimum limits and coverage:
$1 ,000,000/2,000,000
$2,000,000
$1,000,000
$50,000
$s,000
lncluded
$1,000,000
$1,000,000
Each Occurrence
AnnualAggregate
c. Automobile liability insurance, including owned, non-owned, and hired autos with
the following minimum limits and coverage:
Combined Single Limit
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$1,000,000
794
d.Workers' compensation insurance based on proper reporting of classification
codes and payroll amounts in accordance with Chapter 440, Florida Statutes,
and/or any other applicable law requiring workers' compensation (Federal,
maritime, etc). lf not required by law to maintain workers compensation
insurance, the applicant must provide a notarized statement that if he or she is
injured; he or she will not hold the City responsible for any payment or
compensation.
Employers Liability insurance with the following minimum limits and coverage:
Each Accident
Disease-Each Employee
Disease-Policy Limit
$1,000,000
$1,000,000
$1,000,000
Professional liability and/or specialty insurance (medical malpractice, engineers,
architect, consultant, environmental, pollution, errorS and omissions, etc.)
insurance as applicable, with minimum limits of $1,000,000 and annual
aggregate of $2,000,000.
The City of Miami Beach shall be named as additional insured as their interest
may appear on all applicabte liability insurance policies.
The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior
written notice to the Clty of any change, Cancellation, or nonrenewal of the
provided insurance. lt is the applicant's specific responsibility to ensure that any
such notice is provided within the stated timeframe to the certificate holder.
lf it is not possible for the Applicant to certify compliance, on the certificate of
insurance, with all of the above requirements, then the Applicant is required to
provide a copy of the actual policy endorsement(s) providing the required
coverage and notification provisions.
Certificate holder shall be:
The City of Miami Beach'
1700 Convention Center Drive
Miami Beach, FL 33139
Certificates of insurance shall evidence a waiver of subrogation in favor of the
City, that coverage shall be primary and noncontributory, and that each
evidenced policy includes a Cross Liability or Severability of lnterests provision,
with no requirement of premium payment by the City.
Applicant is required to confirm that each vendor of the Applicant carry insurance
coverage that meet or exceed the conditions paragraphs A-F and that the same
limits apply to any and all vendors the Applicant uses for the Event. Applicant
further confirms that Applicant's insurance will apply as excess over any other
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795
valid and collectible coverage of their vendors. Said limits may be provided by
purchase of an umbrella or excess policy.
All self-insured retentions shall appear on the certificate(s) and shall be subject to
approval by the City. At the option of the City, the insurer shall reduce or eliminate
such self-insured retentions or the applicant or subcontractor shall be required to
procure a bond guaranteeing payment of losses and related claims expenses.
The City shall be exempt from, and in no way liable for, any sums of money,
which may represent a deductible or self-insured retention in any insurance
policy. The payment of such deductible or self-insured retention shall be the sole
responsibility of the applicant and/or sub-contractor p-roviding such insurance.
lf Applicant fails to deliver an insurance certificate, the City's failure to request
delivery shall in no way be construed as a waiver of Applicant's obligation to
provide the insurance coverage specified herein. Failure to obtain and maintain
such insurance as set out above will be considered a breach of contract and may
result in termination of the contract for default.
Neither approval by the City of any insurance supplied by the applicant or
Vendor(s), nor a failure to disapprove that insurance, shall relieve the applicant
or Vendor(s) of full responsibility for liability, damages, and accidents as set forth
herein.
16. INDEMNIFICATION AND HOLD HARMLESS: Applicant shall indemnify, defend and hold
harmless City, its officers, agents, and/or employees, against any and all damages, claims,
losses, liabilities and expenses (including, without limitation, reasonable legal fees and
disbursements) caused by, in connection with, arising out of, or resulting from the use of the
Event Site, or caused by, in connection with, arising out of, or resulting from any act by Applicant,
its partners, employees, officers, contractors, and/or agents done in the performance of this
Agreement. lf called upon by City, Applicant shall defend not only itself, but also City in connection
with any such claim, at Applicant's expense, and at no expense whatsoever to City. Applicant
further agrees to defend, indemnify, save and hold harmless the City and the City's officers,
agents, and employees from any claim, suit, loss, cost or expense or any damages arising out of
or relating to Applicant's failure to obtain all necessary performing rights and licenses for the event
(BMl, ASCAP, etc.).
17. REIMBURSEMENT OF EXPENSES: The City and Applicant shall be responsible for the
costs and expenses associated with Police, Fire, Ocean Rescue, EMS and Sanitation services
within the Event Site and Event lmpact Area, as provided herein. City shall be responsible for
initial expenses up to the amounts associated with Memorial Day Weekend for the immediately
preceding calendar year, adjusted annually for either (1) wage increases for personnel for the
foregoing City departments or (2) inflation utilizing the United States Bureau of Labor Statistics,
Consumer Price lndex for All Urban Consumers; U S City averag e (1982-84=100), whichever is
lower, for the Event (the "City's lnitial Contribution"). Applicant shall be responsible for all City's
costs and expenses above the City's lnitial Contribution up to the maximum notto-exceed
amount of $200,000, with City and Applicant to be mutually responsible for all costs in excess
thereof. Applicant shall reimburse City for any amounts due under this Agreement within
fourteen (14) days of receipt of any invoice from City. The Applicant has the right to request an
audit of any amounts being billed to Applicant under this Agreement. This audit will break down
all charges and their related costs.
Page 11
796
18.BOND:
a. Applicant agrees to secure a bond in an amount equal to one hundred and ten
percent (110o/o) of the estimated cost of services for the Applicant requested
additional services or expansion of services requested by Applicant, for the Event
including, without limitation, public safety, maintenance, cleanup, utility
connections, breakdown and removal, storage and repair or replacement of
property. City reserves the right to approve the bonding company or institution
issuing the bond and the instrument shall be kept in full force and effect for the
period of the Agreement.
b. No later than thirty (30) days prior to the date of permission from City to first use
the Event Site, Applicant shall provide the City with a valid payment bond in the
amount specified above. The bond shall be written by a corporate surety
company holding a Certificate of Authority from the Secretary of Treasury of the
United States, executed and issued by a resident agent licensed by and having
an office in the State of Florida, representing such corporate surety, providing
that if Applicant fails to duly pay for any labor, materials, or other supplies used
by Applicant, the surety will pay the same in the amount not exceeding the sum
provided in such bond. Applicant shall also have the option to escrow the funds
in an amount equal to one hundred and ten percent (110%) of the cost of
reimbursement for City services ("Obligated Amount") in which case a bond
would not be required by the City. The Obligated Amount shall be placed into the
City to be held in escrow under the terms and conditions hereinafter set forth
("Escrow Deposit").
c. The City's Chief Financial Officer shall be the Escrow Agent, the Escrow Agent
shall promptly deposit, retain and disburse the Escrow Deposit in accordance
with the terms hereof or as may be directed in writing by both the Applicant and
City Manager on behalf of the City or as may be directed by a court of competent
jurisdiction.
d. lf the Escrow Agent is in doubt as to his or her duties, the Escrow Agent shall
retain the Escrow Deposit until Applicant and City, through its City Manager,
collectively agree in writing to the disposition of the funds or until a court of
competent jurisdiction has adjudicated the rights of Applicant and the City.
e. Any suit between Applicant and City where Escrow Agent is made a party
because of acting as Escrow Agent, or in any suit where Escrow Agent
interpleads the Escrow Deposit, Escrow Agent shall recover reasonable
attorney's fees and costs from the Escrow Deposit, as between Applicant and
City, and such fees and costs shall be charged and assessed against the non-
prevailing party.
f. The parties agree that the Escrow Agent shall not be liable to any party or person
for misdelivery of the Escrow Deposit or any portion thereof to Applicant or City,
unless misdelivery is due to willful breach of the terms hereof or gross negligence
on the part of Escrow Agent.
Page 12
797
19. Use by Applicant of the Property shall be coordinated by the City Manager or his
designee, The City Manager or designee shall have authority to suspend all or any part of the
activities of Applicant when, in the City Manager's opinion, such activities may be or are
detrimental to the public or to the City, or if the City has reason to believe any law or ordinance
is being violated by Applicant, its agents or employees, which conduct is not corrected within
forty eight (48) hours of written notice to Applicant. City reserves the right through the City
Manager to suspend or terminate use of the Property if visitors become unruly, and to reject any
sponsor, presentation, material or item which is or may be, in the sole opinion of the City
Manager, hazardous, offensive, immoral or disparaging to the image of the City, or to any
person or group of persons. The decision of the City Manager in such regard shall be final,
binding and conclusive, but shall not be arbitrarily exercised.
20. TERM AND TERMINATION: The City hereby grants to the Applicant the exclusive right
and privilege to conduct the Air and Sea Show annually for an initial period of five (5) years,
subject to the following conditions:
a. The Applicant may conduct the Air and Sea Show annually for the term of this
Agreement, unless the City should decide to discontinue the Air and Sea Show
with notice to the Applicant. The only method for cancellation of the Agreement
is by Motion approved by the City Commission. The City shall notify the
Applicant of its intent to cancel the Air and Sea Show prior to July 30 of the year
preceding the next scheduled Air and Sea Show. However, in all instances City
shall have ninety (90) days from the date the last Air and Sea Show ends to
notify Applicant of its intent to cancel. Applicant shall be given fourteen (14)
days' notice of the City Commission meeting at which such cancellation shall be
determined. lf City elects to discontinue, City shall not produce or permit the
production of an air and sea show on City's beach for two (2) calendar years after
the year the last Air and Sea Show is produced by the Applicant.
b. The Applicant may elect, during the term of this Agreement, to terminate this
Agreement and no longer conduct the Air and Sea Show. lf the Applicant elects
to terminate this Agreement, the Applicant shall notify the City in writing of such
election prior to the July 15 of the year preceding the next Air and Sea Show
Event, lf the Applicant elects not to conduct the Air and Sea Show in a particular
year or elects not to seek an extension of the terms of this Agreement, this
Agreement will automatically terminate.
21. GOVERNING LAW AND ATTORNEY'S FEES: This Agreement shall be governed by
the laws of the State of Florida, with venue lying in Miami-Dade County. ln the event of any
dispute which arises out of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs, including bankruptcy and/or appeal if any.
22. ASSIGNMENT. No assignment of the rights, interest or obligation under this Agreement
shall be made by either party without the written consent of the other.
23. AMENDMENT: No modification amendment or alteration of the terms or conditions
contained herein shall be effective unless contained in a written document executed by the
parties hereto, with the same formality and of equal dignity herewith.
Page 13
798
24. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated
Agreement between City and Applicant and supercedes all prior negotiations, representations or
agreements either written or oral.
25. NOTICE: Whenever any party desires to give notice to any other party, it must be given
by written notice sent by registered United States mail, with return receipt requested, addressed
to the party for whom it is intended at the place designated below and the place so designated
shall remain such until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the parties designate the following as the respective
places for giving notice:
CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
APPLICANT:
A National Salute to America's Heroes, LLC, a Florida Limited Liability Company
c/o Michael l. Kotler, Esquire
54 SW Boca Raton Boulevard
Boca Raton, Florida 33432
26. CORPORATE STATUS: This Agreement shall automatically terminate if, within thirty
(30) days from execution of this Agreement, Applicant does not provide City with proper
certification from the State of Florida that Applicant has registered to do business in the State of
Florida.
lN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Page 14
799
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL OF THE CONCEPTUAL "LINCOLN ROAD DISTRICT MASTER
PLAN". A GUIDE TO BE USED AS THE BASIS FOR FUTURE IMPROVEMENTS.
Enhance Lincoln Road in order to reinforce its position as a world class destination
N/A
On February 9,2015, James Corner Field Operations, a City consultant commenced work in the
development of the "Lincoln Road District Master Plan", a design project that will serve as the
basis for future improvements on Lincoln Road, from Lincoln Lane North to Lincoln Lane South,
and from West Avenue to Collins Avenue, as well as connecting side streets. This master plan is
also geared towards developing a vision for its future, boosting its status as a world class public
space, and pedestrian destination that embodies the unique style and culture that defines Miami
Beach.
The Master Plan provides a conceptual land use plan, design guidelines, and illustrative details
that incorporate key elements and features. This includes refurbishments and enhancements to
lighting, pedestrian surfaces, street furnishings, healthy tree fertilization systems, and
crosswalks. A few recommendations have been made by the consultant, including operational
changes to loading times, sidewalk caf6 ordinance, and trash collection.
City staff has worked extensively with the various Lincoln Road stakeholders, including property
owners, retail tenants, restaurant operators, and neighborhood residents. ln addition, there were
two public workshops held on June 24 and September 30, 2015. This combined feedback was
provided to the consultant for further consideration.
On September 8, 2015, the Lincoln Road District Master Plan was presented to the Historic
Preservation Board Committee members. Comments from the Committee were favorable and
incorporated into the final design.
RECOMMENDATION
The Administration recommends approving, in concept, the Lincoln Road District Master Plan, a
copy of which is attached hereto and incorporated herein by reference as "Exhibit "A".
Board Recommendation:
Financial lnformation :
Financial lmpact Summary: N/A
Adrian Morales Eric Ca Mark Taxis
Agenda ltemqDMIAMIBEACHDate l0-lt -lS-800
MIAMIBEACH
City of Miomi Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ON MEMORANDUM
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
October 14,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, !N CONCEPT, THE MASTER PLAN
FOR THE LINCOLN ROAD DISTRICT, FOR THE REFURBISHMENT OF THE
LINCOLN ROAD PEDESTRIAN MALL, FROM WASHINGTON AVENUE TO
LENOX AVENUE, AS WELL AS CONNECTING ROADS FROM THE
coNvENTtoN GENTER COMPLEX TO LINCOLN ROAD (17rH STREET FROM
PENNSYLVANIA AVENUE TO WASHINGTON AVENUE; DREXEL AVENUE;
PENNSYLVANIA AVENUE; AND MERIDIAN AVENUE) (COLLECTIVELY, THE
PROJECT); WHICH PROJEGT WAS DESIGNED BY JAMES CORNER FIELD
OPERATIONS, AND INCLUDES IMPROVEMENTS TO THE HARDSCAPE,
LANDSCAPE, STREET LlGHTING, AND STREET FURNISHINGS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On February 9,2015, James Corner Field Operations, a City consultant commenced work in the
development of the "Lincoln Road District Master Plan", a design project that will serve as the
basis for future improvements on Lincoln Road, from Lincoln Lane North to Lincoln Lane South,
and from West Avenue to Collins Avenue, as well as connecting side streets. This master plan
is also geared towards developing a vision for its future, boosting its status as a world class
public space, and pedestrian destination that embodies the unique style and culture that defines
Miami Beach.
The Master Plan provides a conceptual land use plan, design guidelines, and illustrative details
that incorporate key elements and features. This includes refurbishments and enhancements to
lighting, pedestrian surfaces, street furnishings, healthy tree fertilization systems, and
crosswalks. A few recommendations have been made by the consultant, including operational
changes to loading times, sidewalk caf6 ordinance, and trash collection.
City staff has worked extensively with the various Lincoln Road stakeholders, including property
owners, retail tenants, restaurant operators, and neighborhood residents. ln addition, there were
two public workshops held on June 24 and September 30, 2015. This combined feedback was
provided to the consultant for further consideration.
TO:
FROM:
DATE:
SUBJECT:
801
City Commissioner Memorandum - Lincoln Road District Master Plan
October 14,2015
Page 2 of 2
On September 8, 2015, the Lincoln Road District Master Plan was presented to the Historic
Preservation Board Committee members. Comments from the Committee were favorable and
incorporated into the final design.
CONCLUSION
The Administration recommends approving, in concept, the Lincoln Road District Master Plan, a
copy of which is attached hereto and incorporated herein by reference as "Exhibit "A".
EXHIBITS
"A"- Lincoln Road District Master Plan
AM/MM IECIMT/JLM
802
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF MIAMI
BEACH, FLORIDA, APPROVING, IN CONCEPT, THE MASTER PLAN FOR THE
LINCOLN ROAD DISTRICT, FOR THE REFURBISHMENT OF THE LINCOLN ROAD
PEDESTRIAN MALL, FROM WASHINGTON AVENUE TO LENOX AVENUE, AS
WELL AS CONNEGTING ROADS FROM THE CONVENTION CENTER COMPLEX TO
LTNCOLN ROAD (17rH STREET FROM PENNSYLVANTA AVENUE TO WASHINGTON
AVENUE; DREXEL AVENUE; PENNSYLVANIA AVENUE; AND MERIDIAN AVENUE)
(COLLECTIVELY, THE PROJECT); WHICH PROJECT WAS DESIGNED BY JAMES
CORNER FIELD OPERATIONS, AND INCLUDES IMPROVEMENTS TO THE
HARDSCAPE, LANDSCAPE, STREET LIGHTING, AND STREET FURNISHINGS.
WHEREAS, On February 9, 2015, James Corner Field Operations, a City consultant
commenced work in the development of the "Lincoln Road District Master Plan", a
design project that will serye as the basis for future improvements on Lincoln Road, from
Lincoln Lane North to Lincoln Lane South, and from West Avenue to Collins Avenue, as
well as connecting side streets; and
WHEREAS, This Master Plan is also geared towards developing a vision for its
future, boosting its status as a world class public space, and pedestrian destination that
embodies the unique style and culture that defines Miami Beach; and
WHEREAS, City staff has worked extensively with the various Lincoln Road
stakeholders, including property owners, retail tenants, restaurant operators, and
neighborhood residents; and
WHEREAS, ln addition, there were two public workshops held on June 24 and
September 30, 2015, and this combined feedback was provided to the consultant for
further consideration; and
WHEREAS, On September 8, 2015, the Lincoln Road District Master Plan was
presented to the Historic Preservation Board Committee members, which Committee
provided favorable comments, and which comments the Administration incorporated into
the final design; and
WHEREAS, the City Administration recommends that the Mayor and City
Commission approve, in concept, the Lincoln Road District Master Plan, which is
attached to the Memorandum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, in concept, the Master Plan for the Lincoln Road District,
for the refurbishment of the Lincoln Road pedestrian mall, from Washington Avenue to
Lenox Avenue, as well as connecting roads from the convention center complex to
Lincoln Road (17th street from Pennsylvania Avenue to Washington Avenue; Drexel
Avenue; Pennsylvania Avenue; and Meridian Avenue) (collectively, the project); which
project was designed by James Corner Field Operations, and includes improvements to
the hardscape, landscape, street lighting, and street furnishings.
803
PASSED AND ADOPTED this the day of
ATTEST:
Rafae! E. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONr=\ .---)'\ \ 1 I "-,"'it-4/-/f,\citveuor"Vl-rff Dote
804
THIS PAGE INTENTIONALLY LEFT BLANK
805
E MIAMI BEACH
OFFICE OF THE MAYORAND COMMISSION MEMORANDUM
To: Jimmy Morales, City Manager
From: Jonah Wolfson, Commissioner
Date: October 14,2015
Re: Resolution to Rescind Resolution No. 2015-29124
Please place on the October 14,2015 City Commission Agenda a resolution to rescind Resolution
20ts-29124.
On September2,20l5,the Commissionvoted in favor ofthe Manager's recommendationto award
andnegotiatewith SP fortheprovisionofparking attendantspursuantto RFP 2015-146-YG, and, if
unsuccessful in negotiating an agreement with SP, to negotiate withLAZ (Item R7M).
However, ResolutionNo.20l5-29124 incorrectlyprovides that iftheAdminisfration is unsuccessful
in negotiating an agreement with SP, the Administration is authoizedto issue a new RFP. Thus,
Resolution 2015-29124 must be rescinded, and a new resolution passed to reflect the approved
motion to negotiate with SP, and, if unsuccessful, to negotiate wlthLAZ.
Further, pursuant to conversations with Staffand parking industry experts, it is my understanding the
City should not pay more than a combined annual total of $400,000 for the "management fee" and
"reimbursable expenses" portions of the contract. $400,000 is a fair and reasonable amount.
Accordingly, the new resolution should also provide that the combined annual total for the
management fee and reimbursable expenses shall not exceed $400,000.
Please feel free to contact me atx6437, if you have any questions.
JW
We are committed to providing ucellent public seruice and safety to all who live, work, antl ploy in our vibrant, tropical, historic community.
Agenda ltem R? O
Date toll/{f806
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTION NO.
2015-29124; AND ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
PURSUANT TO REQUEST FOR PROPOSALS NO. 2015-146-yc (THE
RFP), FOR PARKING ATTENDANTS FOR CITY PARKING GARAGES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP.RANKED PROPOSER, SP PLUS
CORPORATION, WITH THE COMBINED ANNUAL TOTAL OF THE
MANAGEMENT FEE AND REIMBURSABLE EXPENSES NOT TO
EXCEED $400,000; SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH SP PLUS
CORPORATION, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE WITH LAZ. FLORIDA PARKING, LLC, WITH THE
COMBINED ANNUAL TOTAL OF THE MANAGEMENT FEE AND
REIMBURSABLE EXPENSES NOT TO EXCEED $400,000; AND
FURTHER DIRECTING THE CITY MANAGER TO PLACE THE
NEGOTIATED AGREEMENT ON THE OCTOBER 21, 2015 CITY
COMMISSION AGENDA FOR APPROVAL OF THE CONTRACT.
WHEREAS, the RFP was issued on April 21, 2015 with an opening date of July
10,2015 (the RFP); and
WHEREAS, a pre' proposal conference was held on April 27,2015: and
WHEREAS, the City received four (4) proposals from EYSA USA, LLC, LAZ
Florida Parking, LLC, Republic Parking System, lnc., and SP Plus Corporation; and
WHEREAS, on August 3, 2015 an Evaluation Committee appointed by the City
Manager convened to consider all proposals; and
WHEREAS, the Committee was provided an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Govemment Sunshine Law;
general information on the scope of services, references, and a copy of the proposal;
and engaged in a question and answer session after the presentation of each proposer;
and
WHEREAS, the Committee was instructed to score and rank the proposals
pursuant to the evaluation criteria established in the RFP; and
WHEREAS, the Committee's ranking was as follows: SP Plus Corporation, top-
ranked; Republic Parking System, Inc., second highest ranked firm; LAZ Florida
Parking, LLC, third highest ranked; and EYSA USA, LLC, fourth highest ranked; and
807
WHEREAS, Republic Parking System, lnc., was deemed non-responsive to the
RFP's Minimum Requirements; and
WHEREAS, as a result of Republic Parking System, lnc., being deemed non-
responsive and disqualified from consideration, LAZ Florida Parking, LLC, is the second
highest ranked firm; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with SP Plus Corporation, and
should the Administration not be successful in negotiating an agreement with SP Plus
Corporation, authorizing the Administration to negotiate with LAZ Florida Parking, LLC;
and
WHEREAS, on September 2, 2015, the City Commission adopted Resolution
No. 2015-29124 which incorrectly provided that should the Administration not be
successful in negotiating an agreement with SP Plus Corporation, the Administration
was authorized to issue a new RFP; and
WHEREAS, the purpose of this resolution is to rescind Resolution No. 2015-
29124, and have it correctly reflect the motion made and passed by the Mayor and City
Commission on September 2,2015; and,
WHEREAS, the Mayor and City Commission find that it is in the best interest of
the City for the Administration to enter into negotiations with SP Plus Corporation, with
the combined annual total of the Management Fee and Reimbursable Expenses not to
exceed $400,000, and should the Administration not be successful in negotiating an
agreement with SP Plus Corporation, authorizing the Administration to enter into
negotiations with LAZ Florida Parking, LLC, with the combined annual total of the
Management Fee and Reimbursable Expenses not to exceed $400,000.
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 rescind Resolution No. 2015-29124; and accept the
recommendation of the City Manager pertaining to the ranking of proposals pursuant to
Request for Proposals No. 2015-146-YG for Parking Attendants for City Parking
Garages; and authorize the Administration to enter into negotiations with the top-ranked
proposer, SP Plus Corporation, with the combined annual total of the Management Fee
and Reimbursable Expenses not to exceed $400,000; should the Administration not be
successful in negotiating an agreement with SP Plus Corporation, authorize the
Administration to negotiate with LAZ Florida Parking, LLC, with the combined annual
total of the Management Fee and Reimbursable Expenses not to exceed $400,000; and
further direct the City Manager to place the negotiated agreement on the October 21,
2015 City Commission agenda for approval of the contract.
PASSED AND ADOPTED this _ day of October 2015.
808
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
809
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
810
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members ofithe City Commission
AFrom: RafaelGranado, City Clerk ,,^/\,\ r' \Date: October 14,2015 \
Subject: BOARDS AND COMMITTEES
ADMINISTRATION RECOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments.
BOARD OR COMMITTEE:
Affordable Housing Advisory Committee
TOTAL MBRS. APPOINTED BY:
18 City Commission
TOTAL VAC Page #
51
Budget Advisory Committee City Commission
Committee for Quality Education in Miami
Beach
City Commission Designee
Commissioner Micky Steinberg
1
1
8
B
Committee on the Homeless Mayor Philip Levine
Commissioner Jonah M.
Wolfson
1
1
10
10
Design Review Board City Manager Jimmy L. Morales L2
Disa bility Access Committee t4 Commissioner Deede Weithorn L4
Health Advisory Committee L2 City Commission 15
Hispanic Affairs Committee Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
17
t7
Housing Authority Mayor Philip Levine 19
LGBT Advisory Committee 2015Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
1
1
2L
2t
Marine and Watefront Protection Authority t4
oate l0^lFlJ-
Agenda ttem RQ 4811
BOARD OR COMMITTEE:
Miami Beach Commission For Women
TOTAL MBRS. APPOINTED BY:
2l Commissioner Ed Tobin
TOTAL VAC Page #
225
Miami Beach CulturalArts Council 2711City Commission
Miami Beach Human Rights Committee 2811Mayor Philip Levine
Miami Beach Sister Cities Program Mayor Philip Levine 29
Parks and Recreational Facilities Board 13 City Commission 32
Police/Citizens Relations Committee t4 Mayor Philip Levine
Commissioner Ed Tobin
Commissioner Joy Malakoff
Commissioner Jonah M,
Wolfson
1
1
1
1
36
36
36
36
Visitor and Convention Authority City Commission 42
LER\COMMON\2O,l5\l 0142015 CM\B&C\Commission Memorondum For Voconcies By Boord And Committees REG.Doc
812
VACANCY REPORT
Affordable Housing Advisory Committee
Budget Advisory Committee
Committee for Quality Education in Miami Beach
Health Advisory Commiftee
Miami Beach CulturalArts Council
Parks and Recreational Facilities Board
Visitor and Convention Authority
6
1
1
2
1
1
1
18
9
9
12
11
13
7
Design Review Board
Disability Access Committee
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Police/Citizens Relations Committee
1
2
1
14
21
14
Committee on the Homeless
Hispanic Affairs Committee
Marine and Waterfront Protection Authority
Police/Citizens Relations Committee
LGBT Advisory Committee
Police/Citizens Relations Committee
Committee for Quality Education in Miami Beach
Hispanic Affairs Committee
1
1
'1
1
9
7
14
14
15
14
Committee on the Homeless
Housing Authority
Miami Beach Human Rights Committee
Miami Beach Sister Cities Program
Police/Citizens Relations Committee
1
1
1
2
1
9
5
11
20
14
Tuesday, October 06, 2015
813
r.-L, .-.
Boards and Committees Current Members
Affordable Housing Advisory Com mittee Sec.2-167
Composition:
The Committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and
each Commissioner.
The direct appointee shall either be:
(i) a resident of a locally designated community development target area for a minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business established in a locally designated
community development target area for a minimum of six months.
The remaining eleven (1 1) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
One citizen:
1. 9n" citizen actively engaged in the residential home building industry in connection with affordable housing;
?. 9n" citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
4. One citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6. One citizen actively engaged as a not-for-profit provider of affordable housing;
7 One citizen actively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.3174 (Planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10. One citizen who represents employers within the jurisdiction;
1 1. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
lf the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
Vacant
To replace Stephanie Berman
To replace Jeremy Glazer
To replace Frank Kruszewski
To replace Robert Saland
To replace David Smith
Members:
(1 1) Represents Essential
Services Personnel
(6) Not for Profit
(4) Low-lncome Advocate
(8) Actively Serues on Local
Planning Agency
(1) Residential Home Building
(3) Represents Areas of Labor
ln Connection with Affordable
Housing
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
1i/31t2016
12/31t2015
12t31t2016
1i,31t2015
12J31t2015 1231t2020
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Alexander
Allison
David
Jane
Orlofsky
Stone
Smith
Hayes
(5) For Profit Provider
(2) Actively Engaged in
Banking/Mortgage lndustry
12t31t2015
12t31t2016
12/31t2016
1213112015 Commissioner Jonah M.
Wolfson
Commissioner Micky Steinberg 1213112021
City Commission 1213112020
City Commission 12131t2020
12t31t2021
1 of42Tuesday, October 06, 2015 814
r.-L, .-.
Boards and Committees Current Members
First Name Last Name Position/Tiue: Term Ends: Appointed by:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Herrup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
(7) Real Estate Professional
1213112015 CommissionerJoyMalakoff
1213112016 Commissioner Ed Tobin
1213112015 CityCommission
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112015 Commissioner DeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CityCommission
1231t2021
1231t2022
12t31t2015
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2019
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Juan Rojas
Prakash Kumar
Stephen Bernstein
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Lawrence Raab
Stephanie Berman
Tuesday, October 06, 2015 2of42815
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Boards and Committees Current Members
Art in Public Places Committee Sec.82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of
competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and
other appropriate art media for display or integration in public places.
City Liaison: Dennis Leyva
Members:
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Cathy Byrd
Chana Sheldon
Janda Wetherington
Megan Riley
Ombretta Agro Andruff
Patricia Frost
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1231t2019
12t31t2019
1231t2016
12t31t2016
1?,31t2019
12t31t2019
1231t2018susan caraballo 12t31t2016 city commission
Apdicants
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francinelee Hand
Keren Bajaroff
Leslie Tobin
MichaelMcManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Applicants
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Eric Montes de Oca
Francis Trullenque
Laura Levey
Marjorie O'Neill-Buttler
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Tuesday, October 06, 2015 3of42816
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Boards and Committees Current Members
Beachfront Management Plan Ad-Hoc Advisory Group Florida statute s259.032( 1 0)
Composition:
The City of Miami Beach leases the property eastward of the erosion control line (ECL) from the State of Florida. This lease
agreement requires the City to submit an updated land management plan every 1O years for the State's approval. The City,sland management plan, also known as the City's Beachfront Management Plan; must outline the property's uses,
management activities, and planned projects.
ln accordance with Section 259.032(10) of the Florida Statutes, the City must create an advisory group of community
stakeholders to review the updated Beachfront Management Plan and to provide comments. fnelavAory group shitt include
representatives of:the lead land managing agency, the co-managing entities, local private property owneri, the appropriate soil
and water conservation district, a local conservation organization, and a local elected official.
The terms of the Beachfront Management Plan Ad-Hoc Advisory Group, pursuant to Resolution 2015-29009, shall commence
June 1, 201 5 and expire on June 1 , 201 6. At the April 1 5, 201 5 City Commission meeting, the City Commission appointed
Commissioner Michael Grieco as the local elected official to the ad-hoc advisory group. ihe other members of the ad-hoc
advisory group shall be as follows:
Representing the lead managing agency: 1) The City's Tourism, Cultural, and Economic Development Department Director, or
his designee; 2) The City's Environment and Sustainability Division head, or her designee; 3) The City's Ocean Rescue Division
Chief, or his designee.
Representing Miami-Dade County, a co-managing agency: 1) An appointee of the County's Beach Operations program; and 2)
An appointee of the County's Beach Re-nourishment program.
Representing the State of Florida, a co-managing agency: 1) An appointee of the Florida Department of Environmental
Protection's Coastal Construction Control Line program.
Representing local private property owners: 1) A member of the sustainability committee; 2) The chairman of the MarineAuthority and Waterfront Protection Committee; and 3) An appointee of the Bbucher Brothers.
Representing the appropriate soil and water conservation district: 1) An appointee of the south Dade soil and waterConservation District.
lepresenting a local con_servation organization: 1) Urban Conservation Director at The Nature Conservancy.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name Positior/Tite:Term Ends:Appointed by:Term Limit:
Greg Guannel
Spadafina
Ripple
Wheaton
Lambright
Canosa
Boucher
Kipnis
Lisa
John
Elizabeth
Christian
Vincent
Steve
Daniel
The Nature Conservancy
Urban Conservation Director
Miami-Dade County's Beach
Renourishment Program
Miami-Dade County's Beach
Operations Program
Environment & Sustainability
Division Head or designee
FLA Dept./Environmental
Protection's Coastal
Construction Control Line
Ocean Rescue Division Chief
Boucher Brothers appointee
Marine Authority & Waterfront
Protection Committee
Chairman
06/01/2016
06t01t2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06t01t2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/0'1/2016
Tuesday, October 06, 2015 4of42817
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Boards and Committees Current Members
First Name Last Name Position/TiUe: Term Ends: Appointed by: Term Limit:
Max Sklar Tourism, Culture & Economic 06/01/20'16 06/01/2016
Development Director
Michael Grieco Local Elected Official
Steve Vincenti Sustainability Committee 06/01/2016 06/01/2016
Member
Tuesday, October 06, 2015 5of42818
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Boards and Committees Current Members
Board of Adjustment
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from
each of the following categories (no more than one per category), namely: Law, Aichitecture, Engineering, Real Estate
Development, Certified Public Accountant, Financial Consultation, and General Business. The mimbersiepresenting theprofessions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the memberrepresenting general business shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planne-r, a Chartered
Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as
having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a 5/7th vote of the City Commission. Members of the Board of
Adjustment must be either residents of or have their principal place of businels in Miami Beach; provided, however, that this
amendment shall not affect the term of existing members of the Board of Adjustment.
City Liaison: Michael Belush
Members:
First Name Last Name Positiory'TiUe:Term Ends: Appointed by:Term Limit:
RSA l-2 Sec 118-131
Barton
Bryan
Heidi
Larry
Noah
Richard
Richard
Goldberg
Rosenfeld TL
Tandy
Colin
Fox
Baron
Segal
Financial Advisor
CPA
At-Large
Genereal Business
Real Estate Developer
At-Large
Law
123112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1?/3112015 CityCommission
123112016 CityCommission
1213112016 CityCommission
123112016 CityCommission
12t31t2019
12t31t2015
12t31t2019
12t31t2019
12/31t2018
12t31t2022
12t31t2022
Applicants
Aaron Davis
Bradley Colmer
David Wieder
Frank DelVecchio
lan Bacheikov
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Mendy Lieberman
Nelson Fox
Ray Breslin
Seth Frohlich
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
Gabriel Paez
lan Bacheikov
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Ray Breslin
Robena Gould
Victor Ballestas
Tuesday, October 06, 2015 6of42819
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Boards and Committees Current Members
Budget Advisory Committee Sec.2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations
listing current information about which applicants have actually been nominated. The "Agenda - Agenda Archivls" website is
located at http://miamibeachfl .gov/cityclerUscroll.aspx?id=724g7
{l19rnat!ely, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under theClry MEETINGS section, located on the right hand side of the webpage, click on the "Agenda - Agenda Archives" link; thereafter
choose the first listed Commission meeting, and click on City Commission At-Large Nominations. -
City Liaison: John Woodruff
Vacancy:
To replace Marc Gidney
Members:
CPA 1213112016 CityCommission
First Name Last Name Position/'l'ifle:Term Ends:Appointed by:Term Limit:
Brian
David
Dushan
Harris
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
Starkman
Financial Advisor 12i3112016 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
12t31t2019
1431t2018
1i,31t2015
12t31t2015
12t31t2016
1231t2021
12/31t2021
1i,31t2021
Jack
John
Jonathan
Julio
Ronald
Applicants
Brett Harris
Carl Linder
Elliott Richard Athadeff
Guy Simani
John Bowes
MichaelLevine
Noah Fox
Regina Suarez
Stephen Zack
1213112016 CommissionerMicky
Applicants
Bryan Rosenfeld
Dwight Kraai
Gia Kastelic
Jason Witrock
Mario Coryell
Mirta Limonta
Rachel Schuster
Robert Schwartz
Tuesday, October 06, 2015 7of42820
-.-, --r---
Boards and Committees Current Members
Committee for Quality Education in Miami Beach sec. 2-1e0.134
Composition:
The Committee shallconsist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-8 Center,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center,
Treasure lsland Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct
appointments by the Mayor and City Commissioners with no more than three who can be employed or contracted by Miami-Dade
County public schools.
The City Commission shall designate ryo (2) of its members to serve as City Commission liaisons, who shall report to the City
Commission actions of the Committee for Quality Education. The City Manager shall further designate a member of City staffio
serve as a liaison who shall report the committee's actions to the citi Mana[er.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
To replace Beverly Heller
Members:
City Commission Designee 123112016 City Commission
1213112015 Commissioner Micky Steinberg
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Betsy Mateu
Judith Berson-
Levinson
Karen Rivo TL
Marina Aviles
Richard Hull
Tiffany Heckler
Beth Edwards PTA Representative-Nautitus 06/30/2016
Middle School06.30.15
Beverly Heller PTA Rep. -North Beach 06/30/2016
Elementary Schoot 06.30.15
Elisa Leone PTA Rep. - Biscayne 06/30/2016
Elementary 06.30.14
lvette Birba PTA Rep.-Feinberg Fisher K-8 06/30/2016
06.30.15
Jessica Burns pTA Rep. South pointe 06/30/2016
Elementary 6.30.15
Jordan Leonard PTA Rep. - Ruth K. Broad K-g 06/30/2016
06.30.15
Kayla Rynor PTA Rep.- Miami Beach Sr. 06/30/2016
High School06.30.15
Tuesday, October 06, 2015
121312016 Mayor Philip Levine 12t31t2021
1213112016 CommissionerJoyMatakoff 1731t2021
1213112015 CommissionerDeedeWeithorn 12t31t2015
123112016 CommissionerMichaelGrieco 12t31t2O22
1213112016 Commissioner Ed Tobin 12t31t2122
1213112015 Commissioner Jonah M. 12t31t2018
Wolfson
Micky Ross Steinberg City Commission Designee 11t30t2017 City Commission
8of42821
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Boards and Committees Current Members
First Name Last Name Position/Title: Term Ends: Appointed by: Term Limit:
Rosa Neely PTA Rep. -Treasure lsland 06/30/2016
Elementary 06.30.14
Dr. Leslie Rosenfeld ACM/City Manager designee
Applicants
Elsa Orlandini
Hicham Moujahid
lvan Montes
Joanna-Rose Kravitz
Keren Bajaroff
Laurie Kaye Davis
Tashaunda Washington
Applicants
Eric Montes de Oca
lvan Montes
Jarred Reiling
John Aleman
Kristen Rosen Gonzalez
Lynette Long
Tuesday, October 06, 2015 9of42822
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Boards and Committees Current Members
Committee on the Homeless Sec.2-161
Composition:
The Committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one
(1).
Each member of the Committee shall be selected from membership in an organization such as, but not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami-Dade County Homeless Trust;
Civic Representation: North Beach (North Beach Development Corporation), 41st Street (Middle Beach partnership), LincolnRoad(Marketing Council), Washington Avenue (Miami Beach Development Corporation and/or Washington Avenue Taik Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South PointJ (South pointe Advisory
Board to_the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
lloje-ct Coordinator (ESG Em-ergency Shelter Grant Provider), City offlcials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alba Tarre
Vacancy:
To replace Monica Fluke
To replace Lior Leser
Members:
123112015 Mayor Philip Levine
12131120'16 Commissioner Jonah M.
Wolfson
12t31t2022
1i,31t2021
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Valerie
Kohli
Nagler
Schwartz
Funes
Harris
Kroner
Navarrete
1213112016 CommissionerJoyMatakoff
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
12i3'112016 CommissionerMickySteinberg
1213112016 Commissioner Ed Tobin
123112015 CommissionerMichaelGrieco
1213112015 CommissionerDeedeWeithorn
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2016
1i,31t2017
12,31t2022
Applicants
Dale Gratz
Deborah Robins
Helen Swartz
Magui Benitez
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Applicants
Darren Cefalu
Eda Valero-Figueira
Lior Leser
Marina Aviles
Monica Casanova
Rocio Sullivan
Stephanie Berman
Tuesday, October 06, 2015 10 of 42823
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Boards and Committees Current Members
Convention Center Advisory Board Sec.2-46
Composition:
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non-
voting ex-officio member.
The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as anon-voting ex-officio member.
Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City
Manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Brian
David
Elizabeth
Jacqueline
Jared
Michael
Roger
Ita
Joshua
Matt
Gilderman
Kahn
Resnick
Henz
Galbut
Goldberg
Abramson
Moriarty
Levy
Hollander
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12i31t2015
12t31t2016
12t31t2015
Mayor Philip Levine
Commissioner Ed Tobin
CommissionerJonah M.
Wolfson
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Joy Malakoff
12t31t2022
12t31t2022
12t31t2020
12t31t2021
12t31t2021
12t31t2021
12,31t2016
Ex-officio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-officio, Global Spectrum
Admin.
Applicants
Barbara Gotlinsky
Carl Linder
Howard Weiss
Jeff Cynamon
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Applicants
Carl Linder
Gayle Durham
James Weingarten
Karen Brown
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Tuesday, October 06, 2015 11 of42824
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Boards and Committees Current Members
Design Review Board Sec. 118.71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members shall consist of:
1. Two architects registered in the United States;
2. An architect registered in the State of Florida or a member of the faculty of the school of architecture, urban planning, or urban
design in the State, with practical or academic expertise in the field of design, planning, historic preservation or the history of
architecture, or a professional practicing in the fields of architectural design, or urban planning;
3. One landscape architect registered in the State of Florida;
4. One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urban
planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to
practice law within the United States; and
5. Two citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an
advisory capacity with no voting authority. The Planning Director or designee, and the City Attorney or designee, shall serve in an
advisory capacity.
Residency and place of business in the county. The two (2) citizens at-large members, one of the registered landscape
architects, registered architects, professional designers and/or professional urban planners shall be residents of the iity.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Members:
Ex-Officio/Disabi I ity Access
Committee
123112016 City Manager Jimmy L.
Morales
First Name Last Name Position/'l'iUe:Term Ends:Appointed by:Term Limit:
Annabel
Carol
Deena
Elizabeth
John
Kathleen
Michael
Eve
Thomas
Delgado-
Harrington
Housen
Bell
Camargo
Turchin
Phang
Steffens
Boutsis
Mooney
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t20',t6
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
1i,31t2019
12t31t2016
12t31t2020
12t31t2019
12t31t2019
12t31t2019
1231t2020
Registered Architect
At-large
Landscape Architect
Registered Architect
At-Large
Attorney
Registered Architect
Advisory/City Attorney
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
David Kahn
Francinelee Hand
Tuesday, October 06, 2015
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Smith
Deborah Castillo
Jean-Francois Lejeune
12 of 42825
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Boards and Committees Current Members
Jeffrey Cohen
Jessica Conn
Manuel (Mickey) Minagorri
Marvin Weinstein
NealDeputy
Richard Baron
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Ballestas
Jeffrey Feldman
Joseph Furst
Marina Novaes
Matthew Krieger
Nelson Fox
Ruben Conitzer
Seth Wasserman
Suzanne Hollander
Victor Morales
Tuesday, October 06, 2015 13 of 42826
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Boards and Committees Current Members
Disa bility Access Committee 2006-3500 s 2-31
Composition:
The disability access committee shall be composed of 14 voting members; the mayor and each city commissioner shall make
two direct appointments. A quorum shall consist of eight members. Formal action of the board shail require at least eight votes.
Consideration shall be given, but not be limited to, the following categories:
Persons having mobility impairment;
Deaf and/or hard-of-hearing persons in the community;
Blind and/or vision-impaired persons in the community;
Mental, cognitive or developmental disabilities; and
The industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation).
The city attorney's office shall provide legal counsel.
City Liaison: Valeria Mejia
Vacancy:
To replace Susan Solman
Members:
1213112015 Commissioner DeedeWeithorn 12t3112019
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
David
David
Elsa
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
Susana
New TL
McCauley
Orlandini
Swartz
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
Maroder-
Rivera
12t31t2015
12t31t2016
't2,31t2016
1i/31t2015
12t31t2015
12t31t2015
12t31t2016
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
1213112015 Commissioner Ed Tobin 12t31t2120
123112016 CommissionerMichaelGrieco 12t31t2021
123112015 Mayor Philip Levine 12t31t2019
1213112016 Commissioner Ed Tobin 12t31t2}17
12i3112016 CommissionerMickySteinberg 12t31t2019
1213112016 Mayor Philip Levine 1231t2016
12t31t2015
12t31t2020
1231t2021
12/31t2018
12t31t2021
12t31t2021
12t31t2022
Wendy Unger
Applicants
Allison Stone
Janed Relling
Zachary Cohen
Applicants
Britta Hanson
RafaelTrevino
Tuesday, October 06, 2015 14 of 42827
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Boards and Committees Current Members
Health Advisory Committee Sec.2-81 2002-3358
Composition:
Eleven (11) voting members afrpointed by the City Commission at-large upon recommendations of the City Manager:
One (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sinai Med]cal Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee
administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility
(ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shall be consumers consisting of:
1. One (1) individual from the corporate level and;
2. One (1) private individuat;
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health
Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's
Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant
To replace Dr. David Farcy
To replace Anthony Japour
Members:
Ex-Officio Fire Rescue
Department
Private lndividual
ACLF
12t31t2018
123112015 CityCommission
1213112015 CityCommission
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Dr. Todd
Jeremy
Marisel
Mark
Rachel
Richard
Richard
Stacey
Steven
Tobi
Maria
Narson
Green
Losa
Rabinowitz
Schuster
Awdeh
Cuello-Fuentes
Kruger
Sonenreich
Ash TL
Ruiz
12t31t20',t5
1231t2016
12t31t2016
12t31t2016
12/31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12/31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
1i,31t2016
12t31t2020
12t31t2022
1i/31t2016
12t31t2020
1231t2015
Health Provider
Physician
Ex-Officio, Miami-Dade County
Health Department
CEO, Miami Beach Community
Health
ACLF
Corporate lndividual
Physician
Physician
CEO, Mt. Sinai MedicalCenter
(NrL)
Nursing Profession
Ex-Officio, Director of
Children's Affairs
Applicants
Christine Butler
Kara White
Maura Shiffman
Zachary Cohen
Tuesday, October 06, 201 5
Applicants
Jared Plitt
Karen Rivo
MichaelHall
15 of 42828
-.-,.-,---
Boards and Committees Current Members
Health Facilities Authority Board Sec. 2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of:
Two (2) health providers;
One (1) individual in the field of general business who possesses good standing in the community;
One (1) accountant; and
One (1) attorney;
The Chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents ofthe City.
Florida Statute 1il.207 No term Limits.
City Liaison: Juan Rodriguez
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Arthur Unger Accountant
Mark Sinnreich Health Provider
Michael Hall Health Provider
Robert Hertzberg Attorney
Sidney Goldin General Business
06/19/2016 CityCommission
06/19/2016 CityCommission
0611912018 CityCommission
OOl19l2O17 City Commission
06/19/2018 CityCommission
FS.154.207
FS.154.207
FS.154.207
FS.154.207
FS.'t54.207
FS.154.207Steven Sonenreich Chairperson, Health Advisory 12191t2016
Board
Applicants
David Berger
Elsa Orlandini
Richard Cuello-Fuentes
Zachary Cohen
Applicants
Dr. David Farcy
Rachel Schuster
Rosalie Pincus
Tuesday, October 06, 2015 16 of 42829
r.-,.-,---
Boards and Committees Current Members
Hispanic Affairs Com mittee Sec.2-190.21
Composition:
The Committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment.
City Liaison: Nannette Rodriguez
Vacancy:
To replace Manuel (Mickey)
Minagorri
To replace Antonio Purrinos
Members:
1213112016 CommissionerMickySteinberg 12131t2022
12131120'16 Commissioner Jonah M. 12t31t2}16
Wolfson
First Name Last Name Positior/TiUe:Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Christina
Francis
Veronica
Fernandez
Velasco
LaBuzetta
Trullenque TL
Camacho
12/3112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112016 Mayor Philip Levine
1213112015 Commissioner Ed Tobin
1231t2021
12t31t2021
12t31t2021
1231t2015
12t3',U2021
Applicants
Antonio Purrinos
Eneida Mena
Josephine Pampanas
RafaelTrevino
1213112015 CommissionerJoyMalakoff
Applicants
David Cardenas
lsraelSands
Leonor Fernandez
Regina Suarez
Tuesday, October 06, 2015 17 of 42830
r.-..-.
I-----
Boards and Committees Current Members
Historic Preservation Board Sec.118-101
Composition:
Two (2) year term, appointed by a minimum of four (4) votes.
Seven (7) members with one member from each of the following categories:
1. A representative from the Miami Design Preservation League (MDPL) selected from three names nominated by the League;
2. A representative from Dade Heritage Trust (DHT) selected from three names nominated by the Trust;
3. Two at-large members who have resided in one of the City's historic districts for at least one year, and have demonstrated
interest and knowledge in architectural or urban design and the preseruation of historic buildingi;
4. An architect registered in the State of Florida with practical experience in the rehabilitation oi historic structures.
!. A1 glcnjtect registered in the United States, a land'scape architect registered in the State of Florida, a professional practicing in
the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of
historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the State of Florida,
each of the foregoing with professional experience and demonstrated interest in historic pieservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with praciical experience in architecture and
the preservation of historic structures.
All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural
or urban design or urban planning and university faculty members of the Board, shall be residents oi the City; however, the City
Commission may waive this requirement by a 5/7th vote, in the event a person not meeting these residency ?equirements is
available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters.
City Liaison: Deborah Tackett
Members:
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Scott
wyn
Wieder TL
Bailleul
Sosa TL
Gross
Stuart
Needelman
Attorney
At Large
At Large
Dade Heritage
Registered Architect
MDPL
Faculty Member
12t31t2015
12t31t2016
12t3'U2015
12t31t2016
12t31t2015
1231t2016
1iJ31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2019
12t31t2020
12t31t2019
Applicants
Andrew Nelson
Deborah Castillo
Dr. Morris Sunshine
Jack Finglass
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
Neal Deputy
Samuel Rabin, Jr.
William Lane
Commission
Applicants
Bradley Colmer
Dona Zemo
Elizabeth Camargo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Stephen Sauls
Tuesday, October 06, 2015 18 of 42831
r.L.-.---
Boards and Committees Current Members
Housing Authority
Composition:
Four year appointment.
Five (5) members appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project, or a person of low or very low income who
resides within the Housing Authority's jurisdiction and is receiving rent subsidy through a program administered by the authority
or public housing agency that has jurisdiction for the same locality served by the Housing Auihority, which member shall be
appointed at the time a vacancy exists.
City Liaison: Maria Ruiz
Reso 7031 421.05 FS
Vacancy:
To replace Raymond Adrian
Members:
Housing Authority
Commissioner
1213112016 Mayor Philip Levine
First Name Last Name Pqsition/Title:Term Ends: Appointed by:Term Limit:
Dr. Barry
Eugenio
Leonor
Peter
Ragone
Cabreja
Fernandez
Chevalier
Housing Authority
Commissioner
Tenant Commissioner
Housing Authority
Commissioner
Housing Authority
Commissioner
1011112017 Mayor Philip Levine
1011112016 Mayor Philip Levine
1011112017 Mayor Philip Levine
1011112015 Mayor Philip Levine
10t11t2021
10/11t2018
10t11t2021
10t11t2019
Applicants
Barbara Gotlinsky
Jay Dermer
Stanley Shapiro
Applicants
Christina LaBuzetta
Prakash Kumar
Stephen Bernstein
Tuesday, October 06, 2015 19 of 42832
-.-,.-,---
Boards and Committees Current Members
LGBT Advisory Committee 2015-3931
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and
two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentenie, the initial
membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development
Committee, choosing to serve on the Committee, with any additional members (as required to iomplete the total number of
members of the Committee) to be appointed at-large by a majority vote of the City Commission.
City Liaison: Daphne Saba
Vacancy:
To replace Thomas Barker
Members:
12/3112015 Commissioner Joy Malakoff 12t31t2016
First Name Last Name PositiorVTiUe:Term Ends:ApXtinted by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Gayle
James
Jorge
Laura
Mark
Michael
Nelida
Robin
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Schwartz
12t31t2016
12t31t2019
1?/31t2017
12t31t2021
12t31t2016
12t31t2021
12t31t2022
12t31t2022
12t31t2017
12t31t2016
12t31t2021
12t31t2017
12t31t2016
12t31t2022
1213112016 Commissioner Ed Tobin
123112015 Commissioner Jonah M.
Wolfson
123112016 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
12/3112016 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
123112016 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerMichaelGrieco
123112015 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112016 CommissionerDeedeWeithorn
12/3112016 Commissioner DeedeWeithorn
Applicants
Eric Hirsch
Karen Brown
Otiss (Arah) Lester
Rebecca Boyce
Ronald Wolff
Steven Adkins
Applicants
Jarred Relling
Kenneth Wilcox
RafaelTrevino
Ronald Wolff
Stephen Fox, Jr.
Walker Burttschell
Tuesday, October 06, 2015 20 of 42833
r.-,.-,
I-----=:-
Boards and Committees Current Members
Marine and Waterfront Protection Authority Sec.2-190.46
Composition:
The Marine and Waterfront Protection Authority shallconsist of fourteen (14) voting members, who shall be direct appointments
with the Mayor and city commissioners, each having two (2) direct appointments.-
Appointments to the Authority shall consist of a combination of individuals who have had previous experience in:
1. The operation or inspection of marine facilities, including experience in various types of marine vessels and boating activities;
and/or
2. who have an interest in preservation of the city's beaches and waterfronts.
The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical or
other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Vacancy:
Vacant
To replace William Cahill
Members:
12t31t2016
12t31t2015
Commissioner Jonah M.
Wolfson
Commissioner Ed Tobin
First Name Last Name Positior/Title:Term Ends:Appointed by:Term Limit:
Addison
Albert
Barbara
Christian
Daniel
Dr. Morris
Dr. Ronald
Lizette
Manon "Marie"
12t30t2015
12t30t2015
12i31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12/31t2015
12i31t2021
12t31t2021
1231t2021
12t31t2022
1231t2022
12t31t2021
1231t2021
1231t2022
12t31t2022
12t31t2022
12t31t2021
12t31t2018
Robert
Robert
Sasha
Sammet
Parron
Herskowitz
De La lglesia
Kipnis
Sunshine
Shane
Lopez
Hernandez
Christoph, Jr.
Schwartz
Boulanger
Sanchez ex-officio MB Marine Patrol
Commissioner Deede Weithorn
Mayor Philip Levine
Com missioner Micky Steinberg
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Ed Tobin
Luis
Applicants
Adrian Gonzalez
Darren Cefalu
Jeff Cynamon
Joel Aberbach
Julio Magrisso
Mayela Mueller
Michael Levine
MichaelTenzer
Yael Sade
Applicants
Bruce Bennett
Eric Lawrence
Jennifer Lampert
John Kanter
Maurice Goodbeer
MichaelRitger
MichaelHall
Stephen Bernstein
Tuesday, October 06, 2015 21 of42834
-.-,.-,---
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon Flooding and Sea Rise
Composition:
The Mayor's Blue Ribh-on Panel on Flooding Mitigation is created pursuant to the Mayor's authority to establish Blue Ribbon
Panef s under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's response to flooding,
including storm water and the effects of sea level rise, and assisting with the implementation oia compiehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)yeat.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Positiory'Tide:Term Ends:Appointed by:Term Limit:
Sec. 2-23 (b)
Dr. Michael
Dwight
Scott
Phang TL
KraaiTL
Robins TL
11t17t2015
11t17t2015
11t17t2015
Mayor Philip Levine
Mayor Philip Levine
11t17t2015
11t17t2015
1'U17t2015Levine
Applicants
Ruben Conitzer
Applicants
Stephen Sauls
Tuesday, October 06, 2015 22 of 42835
r-,.-.---
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon North Beach Revitalization
Composition:
Sec. 2-23 (b)
The Mayor's Blue Ribbon Panel on North Beach Revitalization is created pursuant to the Mayor's authority to establish BlueRibbon Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's North BeachRevitalization consistent with the North Beach Master plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/Tide:Term Ends: Appointed by:Term Limit:
Daniel
Margueritte
Veitia
Ramos
Arriola
03|0Z2016 Mayor Philip Levine
0310212016 Mayor Philip Levine
o3t02t2016
o3toz2016
03t02t201603t02t2016Levine
Applicants
Brian Gilderman
Applicants
Tuesday, October 06, 2015 23 of 42836
r-,.-r---
Boards and Committees Current Members
Mayofs Ocean Drive Task Force Section 2-27(b)(2)
Composition:
The Task Force shall consist of no more than nine (9) members, all of whom shall be appointed by the Mayor to serve for a term
of 90 days. The "Task Force," shall have the purpose of studying and making recommendations as to howto improve the
experience for residents and visitors on ocean Drive from 5th to 15th Street.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Frank
Jonathan
Jonathan
Steve
Alessandro
Jeffrey
Joyce
Mitch
Reagan
Nicholas
Amadeo TL
Bennett TL
Plutzik TL
Boucher TL
TonarelliTL
Feldman TL
Ganet TL
Novick TL
Pace TL
Kallergis
11t13t2015
11t13t2015
11t13t2015
11t13t2015
11t't3t2015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
11t13t2015
'11t13t2015
11t13t2015
11t13t2015
11t't3t2015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
Liaison Alternate
Applicants
Ricardo Dopico
Applicants
Tuesday, October 06, 2015 24 of 42837
r-, ^---
Boards and Committees Current Members
Miami Beach Commission For Women
Composition:
Twenty-one (21 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Bonnie Stewart
2007-3570 S 2190-1
Vacancy:
To replace Gertrude Arfa
To replace Nikki Weisburd
Members:
123112016 Commissioner Ed Tobin
1213112016 Commissioner Ed Tobin
First Name Last Name Position/Tide:Term Ends:Appointed by:Term Limit:
Adrienne Krieger
Carrie Wiesenfeld
Debra (Debi) Quade
Dona Zemo
Dr. Corey Narson
Francinelee Hand
Heather Davis
Jessica Conn
Jill Shockett
Karen Edelstein TL
Laurie Kaye Davis
Leslie Coller TL
Lindsay Genet
Mercedes Carlson
Regina Suarez
123112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
123112015 CommissionerMickySteinberg
12/3112016 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112016 Commissioner Jonah M.
Wolfson
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112016 Commissioner Jonah M.
Wolfson
1213112015 Commissioner DeedeWeithorn
1213112016 CommissionerMichaet Grieco
12/3112015 CommissionerMichaelGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerDeedeWeithorn
1213112015 Mayor Philip Levine
123112015 CommissionerDeedeWeithorn
12t31t2021
12t31t2021
12t31t2019
1231t2021
1231t2021
12t31t2016
12t31t2021
12t31t2019
12t31t2022
12t31t2015
12t31t2021
12t31t2015
10t31t2021
12t31t2018
12t31t2017
12t31t2017
12t31t2015
12t31t2017
1i,31t2020
Regina
Roberta
Tiffany
Vanessa
Berman
Gould TL
Lapciuc
Menkes
Applicants
Allee Newhoff
Bonnie Crabtree
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Tuesday, October 06, 2015
Applicants
Barbara Kaufman
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Lampert
Josephine Pampanas
Karen Rivo
25 of 42838
r.--.-,---
Boards and Committees Current Members
Laura Levey
Marina Aviles
MerylWolfson
Monica Matteo-Salinas
Pan Rogers
Rebecca Boyce
Rocio Sullivan
Tamra Sheffman
Lynette Long
Marjorie O'Neill-Buttler
MerylWolfson
Monica Casanova
Patricia Valderrama
Robin Schwartz
Samantha Bratter
Tashaunda Washington
Tuesday, October 06, 2015 26 ot 42839
r.-,.-.---
Boards and Committees Current Members
Miami Beach CulturalArts Council Sec.2-55
Composition:
The cultural arts council shall consist of eleven (11) members to be appointed at large by a majority vote of the mayor and citycommission. The members of the Council shall be appointed at-large by majority vote of the Viyoi and City Commission. Theterm of office for each member shall be three (3) years. Additionally, effective December 31,2d02, no Council member mayserve more than six consecutive years; this provision shall be measured retroactively from the date of the initial appointments tothe Council. No Council member who serves the maximum proscribed term limitations shall be appointed to the Council during
the two year period following the expiration of his/her term.
City Liaison: Gary Farmer
Vacancy:
To replace Gregory Melvin
Members:
12t31/2017 City Commission
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Beatrice
Charles
Dale
Daniel
Dawn
lsrael
Marjorie
Hornstein TL
Million
Gratz
Novela TL
McCall
Sands
O'Neill-Buttler
12t31t2015
1i,31t2016
12t31t2016
12i31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2017
12/3'.1t2020
12,31t2015
02/11t2020
12,31t2020
1231t2015
12t31t2017
1231t2020
12t31t2019
TL
Merle Weiss
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City CommissionSamuel
Susan
Rabin, Jr.
Schemer
Applicants
Allee Newhoff
Bradley Ugent
Dr. DanielNixon
Elliott Richard Alhadeff
lvan Montes
Jenna Ward
Joanna Popper
Kenneth Wilcox
Lynette Long
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Peter Martin
Ray Breslin
Wesley Castellanos
Tuesday, October 06, 2015
Commission
Applicants
Andrew Nelson
Calvin Kohli
Eleanor Ellix
Eugenio Cabreja
Janda Wetherington
JillShockett
Kara White
Kevin Kelsick
Marian DelVecchio
MichaelMcManus
Monica Matteo-Salinas
Pedro Menocal
Ray Breslin
Vanessa Menkes
27 of 42840
r.-,.-.---
Boards and Committees Current Members
Composition:
The Committee shall consist of a minimum of five (5) and a maximum of eleven (1 1) members, with one (1) out of every five (5)
members to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the city ' '
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appoiniments to
the Committee, the City Manager shall solicit nominations from as many public seryice groups and other sources, which he/shedeems appropriate, as possible.
At least one (1) of the Committee members shall possess, in addition to the general qualifications set forth herein for members, alicense to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and haveexperience in civil rights law. The attorney member shall also serve as Chair of the Committee.
City Liaison: Marcia Monserrat
Miami Beach Human Rights Committee
Vacancy:
To replace Jay Dermer
Members:
2010-3669
1213112016 Mayor Philip Levine 12t31t2022
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Alan
Amy
Bradley
Carl
Darren
lvan
Monica
Rachel
Walker
William
Fishman
Rabin
Ugent
Linder
Cefalu
Cano
Harvey
Umlas
Burttschell
Warren Jr.
12t31t2015
12t31t2016
12i31t201s
1231t2016
1231t2016
12t31t2015
1231t2016
12/31t2016
12t31t2015
12t31t2015
12i31t2016
1iJ31t2019
12,31t2018
12t31t2020
12i31t2022
12t3'12019
12t31t2018
12t31t2018
12t31t2016
12t31t2019
Law City Commission
City Commission
City Commission
City Commission
Mayor Philip Levine
City Commission
City Commission
City Commission
City Commission
Applicants
Andrea Travaglia
David Mardini
Dr. Andrew Nullman
Gia Kastelic
lvan Montes
Janed Relling
Kenneth Wilcox
Michael Levine
Robin Schwartz
Commission
Applicants
Christine Butler
Deborah Robins
Elizabeth DiBernardo
Hicham Moujahid
Jarred Reiling
Jay Dermer
Lisa Almy
Rafael Leonor
Stephen Fox, Jr.
Tuesday, October 06, 2015 28 of 42841
r-,--
Boards and Committees Current Members
Miami Beach Sister Cities Program Sec.2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The Council shall consist of:
1. One (1) representatives per Sister City affiliation; and
2. Nine (9) other members.
All of these members are appointed by the Mayor.
The members of the Coordinating Council shall be persons who are interested in furthering the purpose of the Program. Anyperson interested in furthering the purpose of the Program may become a member of an individual'sister City Comhittee ,p'on
approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee
Chairperson.
I!":q members are appointed by the Mayor of the City of Miami Beach for two (2) years.
City Liaison: Danila Bonini
Vacancy:
To replace Michelle Ricci
To replace Guy Simani
Members:
Pescara, ltaly
Rio de Janeiro, Brazil
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
12t31t2021
12t31t202'l
First Name Last Name Position/TiUe:Term Ends: fupointed by:Term Limit:
Carolyn
Deborah
Faye
George
Harvey
Howard
Jacquelynn
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Nuccio
Omar
Samantha
Steven
Baumel
Robins
Goldin
Neary
Burstein
Weiss
Powers
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Nobel
Caiola
Bratter
Adkins
1231t2021
12i31t2021
1i/31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2022
12t31t2021
1231t2021
12t31t202',1
12t31t2021
12t31t2016
1231t2021
12t31t2021
1?,31t2022
Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Fortaleza, Brazil
Cozumel, Mexico
Other
Other
Other
1213112015 Mayor Philip Levine
123112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
123112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
12/3112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
Applicants
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsraelSands
Joseph Hagen
Monica Fluke
Tuesday, October 06, 2015
Applicants
Charles Million
Christopher Todd
Dr. Andrew Nullman
GabrielPaez
Jared Plitt
Laura Levey
Raymond Adrian
29 of 42842
-.-,.-.---
Boards and Committees Current Members
Rebecca Boyce
Tamra Sheffman
Wesley Castellanos
Rocio Sullivan
Tiffany Heckler
Tuesday, October 06, 2015 30 of 42843
r-,.-,---
Boards and Committees Current Members
Normandy Shores Local Govemment Neighborhood ! mprovement Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the
Executive Committee of the Normandy Shores Homeowners Association. On behalf of the Board of Directors, the City Clerk shall
solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be
composed of three (3) members of the Executive Committee of the Normandy Shores Homeowners Association, as per
Resolution No.97-22449 adopted Juty 2, 1997.
City Liaison: John Woodruff
Members:
First Name Last Name PositiorVTiUe:Term Ends: Appointed by:Term Limit:
Brett
Carmen
John
Harris
Browne
Bowes
12131/2016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1231t2022
12t31t2022
12t31t2018
Applicants
Lori Nieder
Applicants
Tuesday, October 06, 2015 31 of 42844
r.-L, .-t------
Boards and Committees Current Members
Parks and Recreational Facilities Board Sec.2-171
Composition:
The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members:
seven (7) direct appointments made by the Mayor and each commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the City's youth centers, with one member affiliated with the Scott
Rakow Youth center, and one member with the North shore park youth center.
Golf: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the spon of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of tennis.
Members of the board shall demonstrate interest in the City's parks and recreational facilities and programs through their ownparticipation or the participation of a member of their immediate family. Consideration should also be-given to individuals who
have special knowledge or background related to the field of parks and recreation.
City Liaison: Elizabeth Valera
Vacancy:
To replace Ronald Krongold Golf
Members:
12t31t2016 City Commission 12t31t2019
First Name Last Name Pcition/I]Ue:Term Ends:Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Stephanie
Growald
Turken
Berger
Soffer
Halpryn TL
Caplan
Groff
Zimmerman
Graff TL
Nieder
Stein
Rosen
1?,31t2016
12t31t2015
1231t2015
12/31t2015
12i31t2015
12/31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
1231t2016
't2t31t2016
12t31t2021
12t31t2019
12t31t2019
12t31t2021
12t31t2015
12t31t2019
1231t2017
1231t2021
12t31t2015
12t31t2021
12t31t2021
1i,31t2019
Tennis
Scott Rakow Youth Center
Tennis
Golf
City Commission
City Commission
City Commission
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
City Commission
Commissioner Deede Weithorn
Com missioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Micky Steinberg
Mayor Philip Levine
Applicants
Beverly Heller
Bruce Bennett
Christopher Todd
Eneida Mena
Joseph Conway
Mark Balzli
Nawaz Gilani
Tiffany Heckler
Tuesday, October 06, 2015
No. Shore Park Youth Center Commission
Applicants
Brett Harris
Bruce Reich
Daniel Nagler
Joseph Hagen
Lindsay Genet
Mojdeh Khaghan
Samuel Rabin, Jr.
Wesley Castellanos
32 of 42845
r.-,.-.E--
Boards and Committees Current Members
Personnel Board Sec.2-190.66
Composition:
Ten (10) members appointed by a 5/7th vote:
1. Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation;
2. Three (3) regular employees of the City of Miami Beach, to be elected by the probationary andiegular employees of the City
and who shall be elected from the employees of regular status in the respective groups:
Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department;
Group ll shall consist of employees who are in clerical and executive positions;
Group lll shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Gabriel
lvette lsabel
Lori
Matthew
Mojdeh
Rosalie
Sylvia
Alex
Eduardo
Evette
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak Human Resources Director
Bello Group I
Carranza Group ll
Phillips Group lll
1231t2015
12t31t2015
12i31t2016
12t31t2015
1231t2016
12/31t2015
07t31t2017
07t31t2016
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2019
12t31t2018
1i,31t20't9
12t31t2016
12t31t2015
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Applicants
Elsa Orlandini
Nancy Wolcott
Tuesday, October 06, 2015 33 of 42846
r.-..-.---
Boards and Committees Current Members
Planning Board
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) regular voting members shall have considerable experience in general business, land development, land developmentpractices or land use issues; however, the board shall at a minimum be comprised of:
1 ' One architect registered in the State of Florida; or a member of the faculry of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architectregistered in the state of Florida; or a professional practicing in the fields of architedur;l or urban design, or urban planning;
2. One developer who has experience in developing real property; or an attorney in good standing liceised to practice law within
the United States;
3' One attorney licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues;4' One person who has education and/or experience in historic preservation issues. Foi purposes of this section, the term"education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria:
a. Has earned a college degree in historic preservation;
b. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
_ 9 ls rec-ognized by the city commission for contributions to historic preservation, education or planning; and
5. Three (3) persons who are citizens at-large or engaged in general business in the City.
No person except a resident of the City, who has resided in the City for at least one yeai shall be eligible for appointment to thePlanning Board. The City Commission may waive the residency requirements by a 5/7th vote in the-event a peison not meeting
these requirements is available to serve on the Board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
First Name Last Name Positior/TiUe:Term Ends:Appointed by:Term Limit:
Sec.118-51
Brian
Jack
Jeffrey
Jonathan
Randolph
Reagan
Roberto
Elias
Johnson
Feldman
Beloff TL
Gumenick
Pace
Rovira
12,31t2015
12t31t2016
1i,31t2015
12t31t2015
12t31t2015
1231t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
1231t2019
12t31t2018
12t31t2019
12t31t2015
12t31t2019
12t31t2020
12t31t2020
General Business
Historic Preservation
Developer
Attorney
General Business
General Business
Faculty of a School of
Architecture
Applicants
Aaron Davis
Brian Ehrlich
DanielHertzberg
David Wieder
David Smith
lan Bacheikov
Jack Benveniste
Jared Galbut
Jessica Conn
Madeleine Romanello
Mark Alhadeff
MichaelSteffens
Tuesday, October 06,
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Dominique Bailleul
lan Bacheikov
James Silvers
Jeffrey Cohen
Jonathan Fryd
Marina Novaes
Marvin Weinstein
Muayad Abbas
2015 34 of 42847
r.-,.-.---
Boards and Committees Current Members
Nelson Fox
Richard Baron
Ruben Conitzer
Suzanne Hollander
Noah Fox
Robert Sena
Seth Frohlich
Tuesday, October 06, 2015 35 of 42848
r.-,.-,
Boards and Committees Current Members
Polie/Citizens Relations Committee Sec. 2-190.36
Composition:
The Committee shall consist of fourteen (14) voting members. The members shall be direct appointments with the Mayor and
City Commissioners each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the Committee shall have knowledge of and interest in Police Community Relations
and their impact on the City of Miami Beach. Recommendation for appointment to all voting and nonvoting membershp selected
by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League Against Discrimination
(S.A.L.A.D.);the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (n.O.t-.); the Dade Action
Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League of Women Voters and the other
organizations deemed appropriate.
City Liaison: Chief Daniel Oates
Vacancy:
To replace Antonio Hernandez
Jr.
To replace Tiva Leser
To replace Robert Lopez
To replace Melissa Sheppard-
Broad
Members:
12t31t2016
12t31t2015
12i31t2015
12t31t2016
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Mayor Philip Levine
Commissioner Ed Tobin
12t31t2021
12t31t2021
12t31t2021
12t31t2021
First Name Last Name Position/'l'itle:Term Ends:Appointed by:Term Limit:
Bruce
Claire
Daniel
Jared
John
Meryl
Michael
Nelson
Steven
Walter
Reich
Warren
Aronson
PIitt TL
Kanter
Wolfson
Perlmutter
Gonzalez TL
Oppenheimer
Lucero
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12i31t2016
12t31t2016
12t31t2015
12t31t2016
Commissioner Micky Steinberg
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Mayor Philip Levine
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
12t31t2021
1231t2021
12t31t2021
12t31t2015
12t31t2022
1231t2021
1431t2020
12t31t2015
12t31t2017
1213112015 Commissioner DeedeWeithorn 12t3112019
Applicants
Allison Stone
DanielNagler
Eric Lawrence
Heather Davis
Jarred Reiling
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Tuesday, October 06, 2015
Applicants
Antonio Hernandez Jr.
Deborah Ruggiero
Eugenio Cabreja
Hicham Moujahid
JillShockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
36 of 42849
r.-..-,---
Boards and Committees Current Members
Mario Coryell
MichaelRitger
Nawaz Gilani
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
Michael Bernstein
Monica Fluke
Oren Reich
Rachel Schuster
Richard Preira
Zeiven Beitchman
Tuesday, October 06, 2015 37 of 42850
r.-..-.---
Boards and Committees Current Members
Production Industry Council Sec.2-71
Composition:
The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of
the City.
Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly
involved with that industry.
City Liaison: Graham Winick
Members:
First Name Last Name Positiory'TiUe:Term Ends:Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz TL
Davidson
Popper
Kravitz
Legault-
Mendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
TV/F|lm
12t31t2016
12t31t2015
12/31t2015
12t31t2016
1231t2016
12t31t2015
1231t2015
Mayor Philip Levine
Commissioner Deede Weithorn
Commissioner Ed Tobin
Com missioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
1i,31t2021
12t31t2018
12t31t2015
12t3'.U2021
1231t2021
12t31t2021
12t31t2017
Apdicants
Elizabeth DiBernardo
Applicants
Samantha Bratter
Tuesday, October 06, 2015 38 of 42851
r.-,.-,---=:-
Boards and Committees Current Members
Susta i nability Committee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City
Commissioner. A Commissioner appointed by the Mayor, shall serve as a non-voting membeiand shail serve as the
Chairperson of the Commiftee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general
environmental improvement trends, or "Green lnitiatives," and "Sustainable Development," which is herein defined as a plttern
of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only
in the present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green
lnitiatives and to promote and provide plans for Sustainable Development in the City of Mlami Belch.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name Position/l]Ue:Term Ends:Appointed by:Term Limit:
Cheryl
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Doebler
Leibowitz TL
Furst TL
DeFilippi
Vincenti
Hart
123112016 CommissionerJoyMatakoff
1213112015 CommissionerMickySteinberg
12/3112015 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Commissioner Ed Tobin
123112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
12t31t2021
12t31t2020
12t31t2015
1i/31t2015
12t31t2021
12t31t2021
12t31t2021
Applicants
Amy Rabin
Brian Gilderman
Jenifer Caplan
Russell Hartstein
Yael Sade
Applicants
Andrea Travaglia
Bruce Bennett
Marivi lglesias
Walker Burttschell
Tuesday, October 06, 2015 39 of 42852
r.-'.-.E--
Boards and Committees Current Members
Tra nsportation, Pa d<i ng, Bicycle-Pedestria n Faci I ities Com m ittee
Composition:
The Committee shallconsist of fourteen (14) voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven (7) members of theCommittee to be composed of members from the following community organizations, each of which musi Oesignate a permanent
coordi nati ng representative:
1. Miami Beach Chamber of Commerce's Transportation and Parking Committee (MBCC);
2. Miami Beach Community Development Corporation (MBCDC);
3. Ocean Drive Association (ODA);
4. Miami Design Preservation League (MDPL);
5. North Beach Development Corporation (NBDC);
6. Mid-Beach Neighborhood or Business Association (MBNBA);
7. Lincoln Road Marketing, lnc. (LRMI).
On an annual basis, the members of the Committee shall elect a Chairman and such other officers as may be deemed necessary
or desirable, who shall serve at the will of the Committee. Seven (7) members of the Committee shall consist of a quorum of theCommittee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City. The members designaled by their respective community organization shall provide a letter from sudh organization certifyingthat designation to the City Clerk.
City Liaison: Saul Frances
Sec.2-190.91
Vacancy:
Vacant
Members:
Member Lincoln Road
Marketing lnc.
12t31t2016
First Name Last Name Position/Ite:Term Ends:Appointed by:Term Limit:
AI
David
Deborah
Del
Eric
Frederick
Charles
Jo
Madeleine
Mark
Ray
Scott
Seth
William "Bill"
Feola
Mardini
Ruggiero
Fruit
Montes de Oca
Sake
Asmundsson
Romanello
Weithorn
Breslin
Diffenderfer TL
Wasserman
Hahne
Member Ocean Drive
Association
Member Mid-Beach
Neighborhood or Bus Assc.
Member MBCDC
Member MBCC
Member No.Beach
Development Corp.
12t31t2016
12t31t2016
12t31t2016
1231t2016
12t31t2015
12t31t2016
1?,31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
Mayor Philip Levine 12t31t2022
Commissioner Micky Steinberg 12t31 t2021
Commissioner Ed Tobin 12t31t2022
Commissioner Deede Weithorn 1213112022
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
12/31t2021
12t3'U2015
12t31t2016
Applicants
Aaron Davis
Gia Kastelic
lan Bacheikov
Tuesday, October 06, 2015
Applicants
Allison Stone
lan Bacheikov
Leif Benrand
Member MDPL
40 of 42853
r.-..-,
Boards and Committees Current Members
Lila lmay
Lisa Almy
Mayela Mueller
Rafael Leonor
Stanley Shapiro
Lindsay Genet
Marina Aviles
MichaelRitger
Robert Lopez
Yael Sade
Tuesday, October 06, 2015 41 of42854
-.-L,
.-.---
=::
Boards and Committees Current Members
Visitor and Convention Authority Sec. 102-246
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) members who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1. Not less than two (2) nor more than three (3) members shall be representative of the hotel industry;
2. The remaining members, none of whom shall be representative of the hotel industry, shall represent the community at-large.
Any member of the Authority or employee thereof violating or failing to comply with provisions of this article shall be d'eemea to
have vacated his office or position.
City Liaison: Grisette Roque
Vacancy:
To replace Mark Tamis
Members:
At-Large 1213112016 CityCommission
First Name Last Name Position/'l'iUe:Term Ends: Appointed by:Term Limit:
Aaron Perry
Adrian Gonzalez
Daniel Hertzberg
Margaret Benua
(Peggy)
Stephen Hertz
At-Large
At-Large
At-Large
Hotellndustry
At-Large
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12t31t2019
12t31t2019Tim Nardi Hotel lndustry 1231t2015 city commission
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Mark Tamis
Seth Feuer
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Matthew Krieger
Steven Adkins
Tuesday, October 06, 2015 42 of 42855
City Commission Committees
Finance & Citywide Projects Committee
Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Land Use & Development Committee
Commissioner Jonah Wolfson
Commissioner Joy Malakoff
Mayor Philip Levine
Commissioner Micky Ross Steinberg
Patricia Walker
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Neighborhood/Community Affairs Committee
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Ed Tobin
Commissioner Micky Ross Steinberg
Commissioner Michael Grieco
Deede Weithorn
Daphne Saba
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Sustainability and Resiliency Committee
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Grieco
Commissioner Micky Ross Steinberg
Deede Weithorn
Commissioner Joy Malakoff
Elizabeth Wheaton
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
856
NON.CITY COMMISSION COMMITTEES
Mayor Philip Levine
. Miami-Dade Metropolitan Planning Organization. U.S. Conference of Mayors
Commissioner Deede Weithom
. Miami-Dade County Homeless Trust Board
. Miami-Dade County League of Cities
Commissioner Joy Malakoff
. FIU Wolfsonian Advisory Board
Barbara HerskowiE, Christine Gudaitis
. Public Library Advisory Board
Ricky Aniola, Richard Milstein, Larry Colin
. The Adrienne Arsht Center for the Performing Arts Center Trust
857
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858
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission/
FRoM: Rafaet E. Granado , city cte"* fX/
DATE: October 14,2015
SUBIECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below At-Large
appointments are included in item R9A.
BOARD AND COMMITTEES
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
vACANCIES (6):
o One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is a representative of those areas of labor actively engaged in
home building in connection with affordable housing.
. One citizen actively engaged as an advocate for low-income persons in
connection with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable
housing.
. One citizen who actively serves on the local planning agency pursuant to Florida
Statute S163.3174 (Planning Board member).
. One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
2. BUDGET ADVISORY GOMMITTEE
VACANCY (1):
. One certified public accountant.
F:\CLER\COMMON\2015\10142015 CM\B&C\R9A City Commission Appointments Oct l4 2015.Docx
Agenda lt", R?Al
DateTo-lq^-if859
3. COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
vACANCY (1):
o The City Commission shall designate one of its members to serve as City
Commission liaison to the Committee for Quality Education.
4. HEALTH ADVISORY COMMITTEE
UACANCIES (2):
. One (1) member shall be administrator from an Adult Congregate Living Facility
(ACLF), and/or an Assisted Living Facility (ALF).
. One (1) private individual.
5. MIAMI BEACH CULTURAL ARTS GOUNCIL
vACANCY (1):
. One (1) member to be appointed At-Large.
6. PARKS AND RECREATIONAL FACILITIES BOARD
vACANCY (1):
. Golf: A member who has demonstrated a high degree of interest, participation
and/or expertise in the sport of golf.
7. VISITOR AND CONVENTION AUTHORITY
vACANCY (1):
. One (1) member to be appointed At-Large.
Please see the "Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants
have actually been nominated. The Agenda Archives website is located at:
http:/imiamibeachfl.oov/citvclerUscroll.aspx?id=82117. thereafter choose the first listed
commission meeting and click on city commission At-Large Nominations.
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.oov; and under the City Clerk section, located on the bottom right
hand side of the webpage, click on the "Agenda Archives" link; thereafter choose the first
listed Commission meeting and click on City Commission At-Large Nominations.
F:\CLER\COMMON\2015\10142015 CM\B&C\R9A City Commission Appointments Oct't4 2O15.Docx page2
860
R9 - New Business and Commission Requests
R9B1
R982
Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM
DATE l0 -lq^rs
861
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862
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Agenda ltem
Date
Rqc
l0:ltl^lf863
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864
R9 - New Business and Commission Requests
RgD Discussion Regarding Changing Hiring Policy So That All Future Applicants For Any City
Position Be Non-Smokers, lncluding E-Cigarettes.
(Sponsored by Commissioner Michael Grieco)
Agenda rtem R?D
Date l0-l(-(f865
Granado, Rafael
From: Grieco, Michael
Sent: Wednesday, August 19, 2015 8:47 PM
To: Granado, Rafael
Cc: Bonini, Danila
Subject: OCTOBER agenda
Attachments: CDC - Fact Sheet - Current Cigarette Smoking Among Adults in the United Stat.pdf;
Smoking Survey.xlsx
For October agenda, please place on the following item with the two attachments included in the agenda:
"Discussion regarding changing hiring policy so that all future applicants for any city position be non-smokers,
including e-cigarettes"
7Vleilatl Eilai
MIAMiffi€&SM
MichaelG. Grieco
Commissioner
OFFICE OF MAYOR AND COMMISSION
'1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7204 I Fax: 305-673-7096 i www.miamibeachfl .oov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
s/GN uP FoR ouR NEwsLETTEn H ERE
866
.E
Home > Data and Statistics > Fact Sheets
iiili
Current Cigarette Smoking Among Adults in the United
States
Overview
Current Smoking Among Adults in 2013 (Nation)
Current Smoking Among Adults in 2013 (States)
References
For Further lnformation
trtrtr
Nearly one in five
American adults
currently smoke
cigarettes.
Overview
Nearly 18 of every 100 U.S. adults aged 18 years or older (17.8%) currently smoke
cigarettes. This means an estimated 42.1 million adults in the United States currently
smoke cigarettes.l
Cigarefte smoking is the leading cause of preventable disease and death in the United
States, accounting for more than 480,000 deaths every year, or 1 of every 5 deaths.2
More than 16 million Americans live with a smoking-related disease.2
current smoking has declined from nearly 21 of every 100 adults (20.9%) in 200s to
nearly 18 of every 100 adults (17.8o/o) in 2013.1
a
a
Current Smoking Among Adults tn 2013 (Nation)
867
Note:
o Current smokers are defined as persons who reported smoking at least 100 cigarettes
during their lifetime and who, at the time they participated in a survey about this topic,
reported smoking every day or some days.
Overalll
o About 1 in 5 or nearly 18 of every 100 American adults (17 .8o/o)
By Genderl
o More than 20 of every 100 adult men (20.5%)
o About 15 of every 100 adult women (15.3%)
Note:
o Men were more likely to be current cigarette smokers than women.
ByAgel
o Nearly 19 of every 100 adults aged 1{24 years (18.7%)
o About 20 of every 100 adults aged2H4 years (20.1%)
. Nearly 20 of every 100 adults aged 4${4 years (19.9%)
. Nearly 9 of every 100 adults aged 65 years and older (8.8%)
Note:
o Current cigarette smoking was higher among persons aged 1{24 years, 25-4,4 years,
and 45{4 years than among those aged 65 years and older.
By Race/Ethnicityl
o About 26 of every 100 non-Hispanic American lndians/Alaska Natives (26.10/0)
o More than 9 of every 100 non-Hispanic Asians (9.6%)
o About 18 of every 100 non-Hispanic Blacks (18.3%)
o About 12 ol every 100 Hispanics (12.1%)
. More than 19 of every 100 non-Hispanic Whites (19.4%)
. Nearly 27 of every 100 non-Hispanic multiple race individuals (2G.8%)
Notes:
o Current cigarette smoking was highest among people of multiple races and non-Hispanic
868
American lndians/Alaska Natives and lowest among Asians.
o Non-Hispanic Asians do not include Native Hawaiians or Other Pacific lslanders.
By Educationl
o About 24 of every 100 adults with 12 or fewer years of education (no diploma) (24.2%)
. More than 41 of every 100 adults with a graduate education degree (GED) certificate
(41.4%)
o 22 ol every 100 adults with a high school diploma (22.O%)
. Nearly 18 of every 100 adults with an associate's degree (17 .$yo)
. Nearly 21 of every 100 adults with some college, no diploma (20.9o/o)
o About 9 of every 100 adults with an undergraduate college degree (9.1%)
. More than 5 of every 100 adults with a graduate degree (5.6%)
Note:
o Current cigarette smoking was highest among persons with a GED certificate and lowest
among those with a graduate degree.
By Poverty Statusl
o About 29 of every 100 adults who live below the poverty level (29.2%'1
o About 16 of every 100 adults who live at or above the poverty level (16.2%)
Notes:
o Current cigarette smoking was higher among persons living below the povefi levelthan
those living at or above this level.
. Poverty thresholds are based on U.S. Census Bureau data.
By U.S. Census Regionl
. More than 20 of every 100 adults who live in the Midwest (20.5%)
o About 19 of every 100 adults who live in the South (19.2o/o)
. Nearly 17 of every 100 adults who live in the Northeast (16.9%)
. More than 13 of every 100 adults who live in the West (13.6%)
Note:
. Current cigarette smoking was higher in the Midwest and South than in the Northeast
and West.
869
By Disability/Limitation 1
. 23 of every 100 adults who reported having a disability/limitation (23.0Yo)
. 17 of every 100 adults who reported having no disability/limitation (17.}Yo)
Note:
. Current cigarette smoking was higher among persons with a disability/limitation than
among those with no disability/limitation.
By Sexual Orientationl
. More than 26 of every
. More than 17 of every
Note:
1 00 lesbian/gay/bisexual adults (26.6%)
100 straight adults (17.6%)
o Lesbian/gay/bisexual adults were more likely to be current smokers than straight adults.
Current Smoking Among Adults in 2013 (States)
o Current smoking ranged from about 10 of every 100 adults in Utah (10.3%) to about 27 of
every 100 adults in West Virginia (27.3%).3
Data lor Year: 20tS
Unltcd SLt.i Hrp Lrec,rd
9,0.:2.9
13.0 ' 1] 9
* ,lil ;ii
t 110 249
I :r.0 . 15.0
The figures represent the percentage of the population who are current smokers.4
Note: These data are periodically updated on the following CDC Web sites:
870
Smoking and Tobacco Use
National Center for Health Statistics
Behavioral Risk Factor Surveillance System
References
1. Centers for Disease Control and Prevention. Current Cigarette Smoking Among Adults*
United States. 2005-2013.. Morbidity and Mortality Weekty Report 2014;63(41):110F12
[accessed 2015Jan22].
2. U.S. Department of Health and Human Services. The Health Consequences of Smoking
-50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National
Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and
Health, 2014 [accessed 201 5 Jan 221.
3. Centers for Disease Control and Prevention. Behavioral Risk Factor Surveillance System
Prevalence and Trends Data. 2013. Atlanta: U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health, 2013
[accessed 2015Jan22).
4. Centers for Disease Control and Prevention. State Tobacco Activities Tracking and
Evaluation System. lnteractive Maps: Cigarette Use-Adult Current Smokers-BRFSS
[accessed 2015Jan221.
For Further lnformation
Centers for Disease Control and Prevention
National Center for Chronic Disease Prevention and Health Promotion
Office on Smoking and Health
E-mail : tobaccoinfo@cdc.gov
Phone: 1-800-CDC-INFO
Media lnquiries: Contact CDC's Office on Smoking and Health press line at 770-488-5493.
Fact Sheets
Adult Data Fast Facts
871
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Economics Secondhand Smoke
Smokeless Tobacco
Tobacco lndustry and Products
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872
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Page last updated: January 23,2015
Content source: Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion
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876
R9 - New Business and Commission Requests
RgE Discussion Regarding Changing The Beach Sand Public Accessibility From A Midnight
Closure To 10:00 p.m.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem
Date877
THIS PAGE INTENTIONALLY LEFT BLANK
878
R9 - New Business and Commission Requests
Discussion And Update Regarding Undergrounding Of FPL Lines ln The Venetian
lslands And Citywide.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(On September 2,2015 item R9P was requested to be brought back to October 14, 2015)
Agenda ttem R4 F
Date lo- lg<{879
THIS PAGE INTENTIONALLY LEFT BLANK
880
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jimmy Moroles, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: September 4,2015
SUBJECT: Agendo Discussion ltem For Oclober I4,2Ol5 Meeting
Please place the following discussion item on the October 14, 2075 Commission Meeting agenda:
As Chair of the Finance Committee, I have been charged with discussing salary with our Charter
appointments. This year, we renewed our City Manager and City Clerk following negotiation. I have
now had the opportunity to speak with Raul Aguila, our City Attorney. At this time, I am
recommending we renew his contract and provide him with a 3% COLA and 457 contribution he
seeks.
Please let me know if you have any questions.
We o,e corm,'t:d'o p,cr..d..ng e,celtery public seryice ond sa[ery ts oll uho lire u.crk. ond plo.r, io our tibron, t,cpicol hic'.,', .^rm,nih
MEMORANDUM
Agenda n"n Rl G
Dare la-lq-l(881
THIS PAGE INTENTIONALLY LEFT BLANK
882
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
CO SSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD PROPOSED ORDINANGE
AMENDING CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONSOF THE CITY CODE PERTAINING TO SINGLE FAMILY HOME
DEVELOPMENT REGULATIONS
ADMINISTRATION RECOMMEN DATION
Refer the proposed ordinance amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On July 8,2015, at the request of Commissioner Joy Malakoff, the City Commission referred this
item to the Land Use and Development Committee (ltem C4C). On July 29,2015 the Land Use
and Development Committee discussed this item and continued the matter to the September 9,
2015 meeting with the following recommendations:
1) The Planning Department shall provide case studies of recently approved homes to
measure the impact of the new regulations; and
2) The Planning Department shall conduct small, focus group meetings with various
stakeholders regarding the proposed Ordinance.
Between August 26th and 27th the Planning Department held four focus group meetings, including
two meetings for homeowners, one for architects, and one for developers, realtors, and attorneys
(See attached summary). Additionally, Planning staff prepared a photographic presentation
illustrating homes recently constructed under the Ordinance adopted in February 2014 (See
attached 'Exhibit A').
Planning staff also provided two case studies of homes that have previously been reviewed and
approved by the Design Review Board, which show how the design would be reviewed and
impacted in terms of lot coverage and unit size based upon the proposed code changes (See
attached 'Exhibit B'). Lastly, staff provided a basic graphic indicating the relative proportion that a
5% reduction in lot coverage represents for two example parcels. (See attached Exhibit C').
ANALYSIS
ln 2006 the first major comprehensive revisions to the single family home development regulations
were adopted by the City Commission in order to establish limitations on lot coverage, unit size,
Agenda ltem
Date883
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 201 5 Page 2 of 6
building height and setback requirements. The purpose of these regulations was to help ensure
that new construction was compatible with the established character of the single family
neighborhoods in Miami Beach.
On February 12,2014, the City Commission adopted the next comprehensive revision to the single
family development regulations, incorporating numerous modifications including limitations on lot
coverage, unit size, roof decks, lengths of two story side elevations, and limitations on the
percentage of a home's second floor volume.
Each of these, as well as subsequent minor amendments to the single family development
regulations, has resulted in reductions in the overall size of homes, but has also created a lengthy
and complicated review process for single family homes. The primary goal for many of the
additional regulations was to limit the overall massing of home construction to help ensure
compatibility with the surrounding single family neighborhoods. ln order to further this policy
objective, and taking into consideration the evolving requirements for higher floor and grade
elevations, an ordinance has been drafted to provide additional mitigation measures for new single
family homes.
ln addition to proposed reductions in lot coverage, unit size and setbacks, as well as an increase in
front yard pervious area requirements, the proposed ordinance seeks to simplify the regulations to
give architects more design latitude, as well as expedite permit review. The following is a summary
of the current requirements and proposed modifications. The proposed changes are intended to
ensure that new home construction is compatible with the character of existing single family
neighborhoods, while greatly simplifying the regulatory requirements and allowing for a faster
review time by City staff.
Lot Coverage (Two Story Home)
The maximum lot coverage is proposed to be reduced across all single family districts from 30% to
25o/o. Additionally the regulations addressing exceptions have been substantially simplified.
Basically all areas of the building footprint, including any covered projections, will count toward lot
coverage, with the exception of roof overhangs and eyebrows three feet in depth or less. This
modification will help ensure that pervious landscaped open areas are maintained, which will
enhance drainage and on-site water retention. Extensive balconies and terraces add to the
perceived mass of a home, and are still allowed, but limited based on their inclusion in the lot
coverage calculations.
current code:
: ffii[lTrlSj',. carcurated from the exterior face of exterior wails and
the exterior face of exterior columns on the ground floor of all principal
and accessory buildings, or portions thereof.
lnternal courtyards, which are open to the sky, but which are substantially
enclosed by the structure on three or more sides are included in the lot
coverage calculation
Outdoor covered areas, such as, but not limited to, loggias, covered patios,
pergolas, etc., that are open on at least two sides, and not covered by an
enclosed floor above are not be included in the lot coverage calculation
Proposed ordinance:
Maximum 25%
884
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 2015 paqe 3 of 6
Any portion of the property open to the sky is not included in the lot coverage
with the exception of courtyards that are enclosed on 4 sides, which are
counted in the lot coverage.
Outdoor covered areas are included in the lot coverage calculations, with the
exception of roof overhangs and eyebrows that do not project more than 3
feet from an exterior wall.
Lot Goverage (One Story Home)
ln order to encourage single story home construction, which will be more in character with lower
scaled older housing stock, lot coverage for a single story home is maintained at 50%. However
the maximum heigtit is proposed to -be reducedto help ensure compatibility with surrounding
neighborhoods. As new homes must be constructed above the minimum flood elevation, even a
new one story home often has the appearance of being the same height as an older two story
home.
Current Code:o Maximum = 50%. ln order to be considered a one story structure the maximum height shall not exceed 18
feet for a flat roofed structure and 21feet for a sloped roof structureo For five percent of the lot coverage, the height may be increased up to 24 feet for a single
flat roof structure or 27 feet for a single sloped roof structure (measured to the mid-point of
the slope). The length of any wall associated with this higher height shall not exceed 25
feet.
Proposed Ordinance:o Maximum = 50%. Roof heights lowered to 15 feet for a flat roofed structure and 18 feet for a sloped roof
structure.. Elimination of the allowance for a portion of the house to be constructed as a 2-story home
which allows retaining the higher lot coverage allowance for a single story home.
Unit Size
The proposed ordinance would reduce the maximum unit size in all single family districts to 41o/o.
With the inclusion, as proposed, of balconies and terraces in the reduced lot coverage calculation
of 25o/o, including portions in the unit size will no longer be necessary. Further, with the lot
coverage reduced to 25o/o, the 70o/o limitation of the second floor to first floor volume is also no
longer needed. The proposed reduction in unit size to 45% is also closer to the city-wide average
unit size of approximately 31%o, as well as the average unit size for new home construction over
the last year.
Current Code:o Maximum = 50%o The portion of covered terraces, breezeways, and open porches exceeding a projection of
10 feet from an exterior wall are included in the unit size.o The portion of covered unenclosed balconies exceeding a projection of six feet from an
exterior wall are included in the unit size.. For two story homes with an overall lot coverage of 25 percent or greater, the physical
volume of the second floor shall not exceed 70 percent of the first floor of the main home
inclusive of any enclosed parking structure.
885
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 2015 Page 4 of 6
Proposed Ordinance:. Maximum = 45o/o. Covered terraces, breezeways, and open porches are not included in the unit size,
regardless of depth (however they are now included in lot coverage as noted above).o Balconies are not included in unit size regardless of depth (however they are now included
in lot coverage as noted above).o With the reduction in maximum lot coverage the requirement that the second floor shall not
exceed 70o/o of the first floor has been removed.
Roof Decks
The proposal clarifies that swimming pools, spas, whirlpools, hot tubs and other water features are
included in the maximum 25o/o toof deck area in order to ensure that a combined pool and deck
area does not result in a nuisance to surrounding neighbors.
Two story Side Elevation Open Space Requirement
To balance the reduction in overall lot coverage and unit size, and inclusion of balconies and
terraces in the lot coverage calculations, the two story side elevation open space requirement has
been simplified. The overall intent and required square footage remains the same.
Setbacks Front:
ln order to mitigate the height of two story homes, which, in some instances may be elevated
seven feet or more from the street level to reach the required flood elevation, the mandatory front
setback has been increased 10 feet and the minimum pervious area has been increased from 35%
to 50%. A single story home could still be constructed with a front setback of 20 feet, but a two -
story home would require a setback of 30 feet, regardless of the width of the 2nd floor and with no
ability for the DRB to waive the requirement. The additional setback and pervious area requirement
will also allow more depth to transition between a lower street or sidewalk elevation and the
minimum flood elevation.
Current Code:. The second floor of two story structures shall be setback a minimum of 10 additional feet
from the required front setback line, however up to 50% of the developable width of the lot
may encroach fonrard to the 20 foot setback line through staff review. The HPB or DRB
may approve a waiver to this requirement.. At least 35 percent of the required front yard area and side yard facing a street shall be
sodded or landscaped pervious open space.
Proposed Ordinance:. Only one-story structures may be located at the minimum front yard setback line.. The entire portion of a two-story structure shall be setback an additional 10 feet from the
required front yard setback. Waiver from the DRB or HPB has been removed.o At least 50 percent of the required front yard area and side yard facing a street shall be
sodded or landscaped pervious open space.
Setbacks Side:
Side setback requirements are proposed to be increased slightly for lots over 60 feet in width, but
less than 100 feet in width, in order to better mitigate the higher height from adjoining properties.
For example, under the current code, a house could be constructed on a 75-foot wide lot with
interiorside setbacks of 7.5feet and 11.25 feet. With the proposed change, the required setbacks
would be 10 feet on both sides. This change also helps to center homes on a lot by increasing the
886
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14,2015 Page 5 of 6
minimum setback to 10 feet for lots larger than 60 feet in width.
Current Code:o Sum of the side yards shall be at least 25o/o of the lot width.o For lots greater than 60 feet in width the minimum setback is 7.5 feet
Proposed Ordinance:. Sum of the side yard requirement shall remain the same.. For lots greaterthan 60 feet in width the minimum setback is 10 percent of the lot width or
10 feet whichever is greater.
Modifications to Section 142-108
The provisions for the demolition of single family homes outside of historic districts have been
slightly modified to reference the changes in the remainder of the Ordinance.
The proposal attempts to strike a balance between better mitigating the impacts of new single
family construction within the City's established context of smaller homes, and providing for the
flexibility to design and build new homes that accommodate the modern needs of home owners. ln
this regard, given the mandatory requirements for higher base flood and grade elevations, staff
believes that the proposal will allow for more breathing room along the most critical perimeters of
new homes.
The proposed ordinance will also simplify the existing development regulations. ln addition to
reducing the amount of time that staff and project architects spend on deciphering and interpreting
the rules, as well as expediting the review process, the proposed changes will give greater
architectural freedom and latitude to the designers of the new homes, as the proposed regulations
are far less prescriptive.
SUMMARY
At the request of the Land Use Committee, a notice of this referral discussion was sent to all single
family homeowners. Pursuant to the suggestions of the various focus groups, as well as the
discussion at the September 9, 2015 Land Use Committee meeting, the following was also
recommended for further discussion and potential inclusion within the proposed ordinance:
1. Allowing single story garage structures limited to 14 feet in height, as measured from
adjusted grade, to be constructed with a 20 foot front setback, and limited to 500 square
foot in size.
2. The front of the home should be designed to maintain a one-story volume and the greater
two story mass should be towards the rear of the site.
3. The maximum projection for overhangs, without having to count in lot coverage, could be
increased in rear and side street yards, from the proposed limit of three feet to sixfeet or
eight feet. This is a reasonable adjustment that would not result in a significant increase in
building mass.
4. Different unit size and lot coverage regulations for neighborhoods and districts, based upon
lot size, should be explored. Attached to this memo is a map of the single family districts in
the City, broken down into lot size increments. There is a clear distinction for RS-1 zoned
lots (virtually all over 20,000 sq ft) and RS-4 zoned lots (virtually all under 10,000 sq
ft). However, RS-2 & RS-3 zoned properties are not as consistent. For the most part RS-2
887
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14,2015 Page 6 of 6
and RS-3 properties are between 10,000 sq ft and 20,000 sq ft, but there are quite a few in
excess of 20,000 sq ft. lf there was to be a distinction made for unit size/lot coverage
based upon lot size, 10,000 sq ft appears to be the dividing line.
5. The requirement for green roofs and other tangible measures to increase overall resiliency,
such as minimum LEED certification, could be required for any increase above the
proposed 25o/o maximum lot coverage and 45o/o unit size thresholds.
Finally, the Administration recognizes that a number of single family home projects have been, and
continue to be, in the development process, and may conflict with the proposed modifications to
the development regulations. As such, the incorporation of an 'applicability' provision is
recommended, so as not to penalize persons who have relied on the existing regulations prior to
the adoption of the subject Ordinance. This reliance is indicated by their preparing and filing
applications for land use board approval or building permits prior to Planning Board action. ln this
regard, the following exceptions clause is recommended if the subject ordinance is referred to the
Planning Board:
sEcTtoN _. ExcEPTtoNS.
This ordinance shall not apply to:
1. Anyone who filed an application for Historic Preservation Board or Design Review
Board Approval with the Planning Department on or before November 24,2015; or2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before November 24,2015.
CONCLUSION
ln accordance with the September 9, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached ordinance amendment to the Planning Board.(.>
>4\-
JLM/SMT/TRM
T:\AGEN DA\201 5\October\Pl-ANNlNG\Referral to PB SF Regs - MEMO.docx
888
Single Family Regulations - Lot Coverage, Unit Size, Height, Setbacks, and Courtyards
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS.l, RS.2, RS.3,
RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," AT SECTIONS 1 42.1 05, 142.106,
AND 142-108, BY AMENDING AND CLARIFYING LOT COVERAGE, UNIT SIZE,
ROOF DECK, HEIGHT, SETBACK, AND GOURTYARD REQU!REMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILIW; AND AN EFFECTIVE
DATE.
WHEREAS, the regulation of additions and new construction in single family districts is
necessary in order to ensure compatible development within the built character of the single-
family neighborhoods in the City; and
WHEREAS, new homes and additions that are compatible with the prevailing character
of existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, the privacy, attractive pedestrian streetscapes and human scale and
character of the City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, the City desires to have new single family construction utilize a Low lmpact
Development (LlD) approach in order to capture and retain on site, 95th percentile average
annual storm event rainfall; and
WHEREAS, the City desires to have new single family construction incorporate
LID/Green lnfrastructure into the overall landscape and site plan design for stromwater quality
as part of a comprehensive stormwater management system; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry GOMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1. That Section 142-105, "Development regulations and area requirements", is
hereby amended, as follows:
Sec. 142-105. - Development regulations and area requirements.
889
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
(1) Lot area, lot width, lot coverage, unit size, and building height requiremenfs. The lot
area, lot width, lot coverage, and building height requirements for the RS-1, RS-2,
RS-3, RS-4 single-family residential districts are as follows:
(2) Maximum number of stories. The maximum number of stories shall not exceed two
above the minimum flood elevation.
(3) [Limitation on contiguous lots.] No more than two contiguous lots may be
aggregated, with the exception of the following:
a. Lot aggregation for the purpose of expanded yards, or for the construction of
accessory pools, cabanas, tennis courts, and similar accessory structures,
Zoning
)istrict
Vlinimum
-ot Aree
.square
'eet)
Vlinimum Lo'
ffidth (feet)*
Maximum Lot
Soverage for a 2.
;tory Home (% ot
of area)**
Maximum
Jnit Size
',Yo of Lo1
\rea)
Maximum Building Height
ruhich shall not exceed twc
itories above the minimun
'lood elevation in all districts***
1 ,000 00 25%45o/o 28 feet - flat roofs
31 feet - sloped roofs.
RS-2 18,000 t5 )M25%->}Yo 45o/o
RS-3 10,000
t0
Jceanfront
ots.
i0 - All others
)M25%->$Yo 45o/o
)-4 feet - flat roofs.)-7 feet - sloped roofs.
May be increased up to 28 feel
br flat roofs and 31 feet for
;loped roofs when approved by
:he DRB or HPB, in accordance
with the applicable design'eview or appropriateness
:riteria.
RS-4 ,000 t0 y%ru ->OYt 45o/o 24 feet - flat roofs
27 feet- sloped roofs.
*Except thc
ots fronting
a cul-de-sac
:ircular strr
as defined
ot width
Single story)mes shalllow the
quirements o1rction 14?-
lg(sx4)b" 142.
890
(4)
when detached from the main home with a minimum separation of 15 feet,
which may be aggregated to no more than three contiguous lots; or
b. Lot aggregation for the construction of a new home located in the middle of a
site consisting of three lots, provided the sum of the side yard setbacks of the
main structure are equivalent to the width of the smallest of the three
aggregated lots, and the overall unit size and lot coverage of the main home
shall be based upon the combined size of the largest two lots.
U nit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless otherwise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
4, Single stery eevered terraees and perehes; whieh; with the exeeptien ef
ef a detaehed single stery aeeessery strueture leeated within a rear
yard, previded sueh terraee er pereh dees net exeeed twe pereent (27o)
ef the let area,
5. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
de net prejeet mere than six feet frem the building,
c. Fer twe stery hemes with an everall let eeverage ef 25 pereent er greater; the
pnysieat vetume o
fleer ef the main heme; inelusive ef any enelesed parking strueture, The DRB
er HPB may ferege this requirement; in aeeerdanee with the applieable design
Lot cov e rage (b u i I d i ng footpri nt).
a. General. For lots aggregated after September 24. 2013, when a third lot is
aggregated, as limited by subsection 142-105(b)(3), the calculation of lot
coverage shall be determined by the two lots on which the house is located.
b. One-story structures. One stery struetures may exeeed the maximum let
iew
ln no instance shall the building footprint of a one-story structure exceed 50
percent of the lot area. For purposes of this section, a one-story structure shall
not exceed 1€ 15 feet in height for flat roof structures and 4 18 feet for sloped
roof structures (measured to the mid-point of the slope) as measured from the
minimum flood elevation. Hewever fer five pereent ef the let eeverage; the
(5)
891
fer a single sleped reef strueture (measured te the mid peint ef the slepe), The
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof, includinq anv proiections
er mere sides' shall be ineluded in the let eeverage ealeulatien, F{€weyet
M,Suchas,butnotlimitedto,loggias,eVebrowS,covered
patios, per€le+as, etc., whether or not
covered by an enclosed floor above. Anv portion of the prooertv ooen to the
skv shall not be included in the lot coverage calculation, with the exception of
internal courtvards, surrounded on 4 sides bv enclosed areas. Roof
overhanos and evebrows shall not be included in the lot coveraqe calculation
provided the proiection from the buildinq does not exceed 3 feet. When
exceedino 3 feet in depth, the entire area of a roof overhanq or evebrow shall
be included in the lot coveraqe calculation.
For purposes of this section, a pergola shall be defined as a garden walk or
terrace formed by two rows of columns or posts with an open framework of
beams and cross rafters over which plants may be trained.
Garages. A maximum of 500 square feet of garage space shall not be counted
in lot coverage if the area is limited to garage, storage and other non-habitable
uses and the garage conforms to the following criteria:
1. The garage is one story in height and not covered by any portion of
enclosed floor area above. Enclosed floor area shall be as defined in
section 114-1.
2. The vehicular entrance(s) of the garage is not part of the principal
facade of the main house.
3. The garage is constructed with a vehicular entrance(s) perpendicular to
and not visible from the right-of-way, or the entrance(s) is set back a
minimum of five feet from the principal facade of the main house when
facing a right-of-way.
(6) Root decks. Roof decks shall not exceed six inches above the main roofline and
shall not exceed a combined deck area of 25 percent of the enclosed floor area
immediately one floor below, regardless of deck height. Swimmino pools. spas.
whirlpools. hot tubs and anv other water feature shall be included in calculatinq the
maximum roof deck areas. Roof decks shall be setback a minimum of ten feet from
each side of the exterior outer walls, when located along a front or side elevation,
and from the rear elevation for non-waterfront lots. The DRB or HPB may forego the
required rear deck setback, in accordance with the applicable design review or
appropriateness criteria.
d.
892
SECTION 2. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended, as follows:
142-106. - Setback requirements for a single-family detached dwelling.
The setback requirements. for a single-family detached dwelling in the RS-1, RS-2, RS-3,
RS-4 single-family residential districts are as follows:
(1) Front yards:The minimum front yard setback requirement for these districts shall be
20 feet.
a. One-story structures may be located at the minimum front yard setback line.
b.@o-storystructuresshallbesetbackaminimumoften
additional feet from the required front yard setback line.
c. Up te 50 pereent ef the develepable width ef the seeend fleer may enereaeh
ferward te the 20 feet setbaek line threugh staff level review, Pertiens that
ien
ta
d. At least 35 50 percent of the required front yard area shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to the
front of the building.
(2) Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street. Each required side yard facing a street shall be no less
than ten percent of the lot width or 15 feet, whichever is greater. Also, at least
35 50 percent of the required side yard area facing a street shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to the
front of the building.
c. lnterior sides. For lots oreater than 60 feet in width any one interior side yard
shall have a minimum of ten percent of the lot width el s6vsn-€n€l-€ne-hel+ ten
feet, whichever is greater. For lots 60 feet in width or less any one interior side
yard shall have a minimum of seven and one-halffeet,@
d. Twe stery side elevatiens leeated parallel te a side preperty line shall net
i
Varg; directly a
in
rn+
The square feetage ef the additienal epen spaee shall net be less than ene
ie+tt+
in tne rct eeverag
VarO epen spaee l in
the tetal let eeverage ealeulatien, The elevatien (height) ef the epen spaee
893
required side yard; and at least 75 pereent ef the required interier epen spaee
is
regulatien shall be te break up leng expanses ef uninterrupted twe stery
velume at er near the required side yard setbaek line and exeeptien frem the
minimum requirements ef this previsien may be granted enly threugh histerie
preservatien beard; er design review beard appreval, as may be applieable, in
acoerdanee with th Two-
storv interior and street side elevations exceedino 50 percent of the lot depth.
or 60 feet. whichever is less. shall incorporate additional open space. open to
the skv and in excess of the minimum required side vard. directlv adiacent to
the required side vard. This requirement shall applv to all portions of a buildinq
wall elevation reoardless of whether a habitable floor is connected. The square
footaoe of the additional open space shall not be less than one percent of the
lot area. The elevation (heiqht) of the open space provided shall not exceed
the maximum permitted elevation heioht of the required side vard. An
exception from the minimum requirements of this provision mav be oranted
onlv throuqh historic preservation board, or desion review board approval. as
mav be applicable. in accordance with the applicable desiqn review or
appropriateness criteria.
SECTION 3. That Section 142-108, "Provisions for the demolition of single-family homes
located outside of historic districts", is hereby amended, as follows:
Sec. 142-108. - Provisions for the demolition of single-family homes located outside of
historic districts.
New construction requirements for properties containing a single-family home
constructed prior to 1 942.
(1) ln addition to the development regulations and area requirements of section
142-105, as well as section 118-252, of the land development regulations of
the City Code, the following regulations shall apply in the event the owner
proposes to fully or substantially demolish an architecturally significant single-
family home constructed prior to 1942, inclusive of those portions of a structure
fronting a street or waterway. ln the event of a conflict between the provisions
of section 142-105 and section 118-252, and the regulations below, the
provisions herein shall control:
a. The design review board (DRB) shall review and approve all new
construction on the subject site, in accordance with the applicable
criteria and requirements of chapter 118, article Vl, section 118-
251(a)1-12 of the land development regulations of the City Code.
b. The DRB review of any new structure, in accordance with the
requirements of chapter 118, article Vl, shall include consideration of
the scale, massing, building orientation and siting of the existing
structure on the subject site, as well as the established building context
within the immediate area.
(g)
894
c.
d.
The overall lot coverage of proposed new buildings or structures shall
not exceed the maximum limits set forth in section 142-105.
Lot coverage requirements for a single story home. ln the event a new
home does not exceed one-story in height, the lot coverage shall not
exceed 35 percent of the lot area; at the discretion of the DRB, the lot
coverage may be increased to a maximum of 5g 45 percent of the lot
area, if the DRB concludes that the one-story structure proposed
results in a more contextually compatible new home. For purposes of
this section, a one-story structure shall not exceed {A 15 feet in height
as measured from minimum flood elevation. A restrictive covenant, in a
form acceptable to the city attorney, shall be required, ensuring, for the
life of the structure, that a second story is not added.
Lot coverage requirements for lot splits and lot aggregations. The
above regulations shall also be a limitation on development in all lots
within a single site that may be split into multiple lots or multiple lots
that are aggregated into a single site, at a future date. When lots are
aggregated, the greater of the footprint permitted by the lot coverage
regulations, or the footprint of the larger home, shall apply.
Regulations for additions to architecturally significant homes which are
substantially retained and preserved. ln addition to the development
regulations and area requirements of section 142-105, of the land
development regulations of the City Code, the following shall apply in the
event an architecturally significant single-family home constructed prior to
1942is substantially retained and preserved. ln the event of a conflict between
the provisions of section 142-105, 142-106 and section 118-252, and the
regulations below, the provisions herein shall control:
a.Review criteria. The proposed addition and modifications to the existing
structure may be reviewed at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined
by the planning director or designee. The design of any addition to the
existing structure shall take into consideration the scale, massing,
building orientation and siting of the original structure on the subject
site.
Lot coverage. The total lot coverage may be increased to, but shall not
exceed 40 percent, and may be approved at the administrative level,
provided that the review criteria in section 142-105 have been satisfied,
as determined by the planning director or designee. ln the event the lot
coverage of the existing structure exceeds 35 t40l percent, no variance
shall be required to retain and preserve the existing lot coverage and a
second level addition shall be permitted, provided it does not exceed
60 percent of the footprint of the existing structure; no lot coverage
variance shall be required for such addition.
Unit size. The total unit size may be increased to, but shall not exceed
60 percent, and may be approved at the administrative level, provided
that the review criteria in section 142-105 have been satisfied, as
determined by the planning director or designee.
Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot
width of 60 feet, or lots zoned RS-3, the height for ground level
additions not to exceed 50 percent of the lot coverage proposed, may
6
(2)
b.
c.
d.
895
be increased up to 26 feet for a flat roofed structure and 29 feet for a
sloped roof structure (as measured to the mid-point of the slope) above
the minimum required flood elevation, and may be approved at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
e. Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for
ground level additions not to exceed 50 percent of the lot coverage
proposed may be increased up to 30 feet for a flat roofed structure and
33 feet for a sloped roof structure (as measured to the mid-point of the
slope) above the minimum required flood elevation, and may be
approved at the administrative level, provided that the review criteria in
section 142-105 have been satisfied, as determined by the planning
director or designee.
f . Courtyards. The minimum eeu*Vare open space requirements
specified in subsection 142-106(2)d. may be waived at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
g. Front setback. Two-story structures or the second floor may encroach
forward to the 2O-foot front setback line, and may be approved at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
h, Seeend f/eer regsiremenfs, The maximum seeend fleer area ef 70
have been satisfied' as deterrnined by the planning direeter er
desrgneer
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
896
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
MAYOR
ATTEST:
CITY GLERK
2016.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ri*e+nreugh denotes removed language
T:\AGENDA\201S\October\PLANNING\Referral to PB SF Regs - ORD.docx
9
897
SINGLE FAMILY HOME FOCUS GROUP SUMMARY
Focus qroup meetinq with architects (Auq. 26):
. Lot Coverage: general consensus that 3'-0" of exterior space and overhang is too
small and limiting and will discourage the utilization of exterior space such as
terraces, balconies and courtyard. 3' is not conducive to Tropical Architecture and
will result in more "white box" architecture.
o Architects suggestion: the exterior areas are counted as a 113 or 25% instead of
100% towards lot coverage calculation. The incorporation of exterior spaces in the
design should have incentives and not be penalized since these are design features
that are common in Tropical architecture and should be encouraged. Additionally,
they are design elements that respond to our tropical environment and are features
that can add scale and reference to our historic architectural language.
o RS-4 and RS-1/RS-2 Zoning Districts should not be treated equally. Overall
objections to further reductions to the lot coverage and unit size percentage.
. Architects felt that overall the ordinance is just another "bandage" since it does not
address the real issues of Sea Level rise and its effect on compatibility with the
existing buildings.
. Architects suggestion: The treatment of the base of the building-areas between
sidewalk elevation and finish floor should be further studied. The ordinance should
encourage breakaway walls, open areas designed for recreation or garages-similar
to the Altos Del Mar section of the Code or look at Palm Beach cubic feet ordinance.
Additionally, the ordinance does not encourage lower scale architecture. The
ordinance should have incentives for designing one-level of living homes-whether it
is raised homes or one-story homes and incentives for designing sustainable/green
architecture.
o No objections to the greater setbacks since these transitional spaces/ edges are
important in creating a visual transition between old construction and new
construction.
. Review of Homes: Architects suggest a Single Family Residence Review Board
made up of revolving practicing architects in Miami Beach to review ALL single-
family homes. Regulations that prevent architects sitting on the board from practicing
in the city is contradictory since they are not familiar with designing homes in Miami
Beach.
. Conclusion
A more comprehensive study should be done of all single family home
neighborhoods and how they will look in 30 years. A visual study should be done of
how new construction is going to look next to historic homes-if existing homes are
going to be raised how are they going to look? The study should include a time line
of these changes. Architects suggest the City hire an outside consultant to create a
Code that addresses all the practical issues such as Sea Level Rise, Historic
Preservation/raising homes, etc. Further workshops with architects, home owners,
898
developers, etc. and with Building Department and Public Works staff as well as
Planning staff since these issues are dictated by the Building Code and FEMA
regulations.
Focus qroup meetinq with Attornevs/Developers/Realtors (Auq. 27th) :
o Setbacks: Greater setbacks will help with drainage and allow for some transition
space between homes.
. Agreed with a greater setback for two-story homes, however suggested allowing a
garage structure limited to one-story, 14'-Q" measured from adjusted grade to be
allowed 20'-0" from the front property line and limited to 500 SF.
o Miami Beach should review how Miami Shores treats front yards-transition between
older homes and new construction.
o Lot Coverage. Overhangs and covered areas should not be restricted to 3'-0". They
should be counted as a percentage similar to how Dade County calculates areas-
33%. Allow for overall maximum lot coverage for enclosed space and maximum lot
coverage for covered areas. Example, 25o/o enclosed space + 5o/o covered outdoor
space. Overall consensus that 5% decrease to the lot coverage and unit size is too
much and will negatively affect real estate prices.
. The treatment of the base of the building-areas between sidewalk elevation and
finish floor should be further studied. The ordinance should encourage breakaway
walls, open areas designed for recreation or garages. Group did not agree to an
Architect Review Board for single-family homes.
. Also agreed that RS-4 dry lots should not have the same regulations as RS-1
waterfront lots. One size fits all development does not work. There should be
different regu lations for different neig hborhoods.
Focus qroup meetinq with Homeowners (Auq 26th)
. Massing: Site specific architecture as it relates to lot coverage, unit size and
massing.
o Review of Homes: All demolition requests of homes should be reviewed and
approved by a Board prior to approving a new construction.
o Homeowner also suggested incentives for single level homes. Suggestions: finish
floor of the home be elevated approximately 8'-0" above grade with enclose space
above with floor to ceiling height of 12'-0". Area below finish floor is reserved for
garage space and open area.
. Design Review Board should have more Guidelines for Compatibility.
. Unit Size: The unit size of a new home should not exceed the largest existing home
within 4 homes on either direction or creating a sliding scale for homes based on
neighborhoods and lot sizes.
o Lot Coverage: One homeowner suggested garages should count towards lot
coverage and unit size regardless of its orientation. Additionally, the courtyard
restrictions should be retained and one-story homes should be restrictedto 40o/o.
899
. Open space requirement shall maintain the minimum depth, however all other
reg u lations/restrictions shou ld be el im i nated.
. Design: Homes in all RS districts should have a similar requirement as the Altos Del
Mar districts-each room be located so that it is adjacent to an outdoor space on at
least two sides so natural light and air circulation is prevalent in every room from
more than one direction.
o The front of the home should be designed to maintain a one-story volume and the
greater-two story mass should be towards the rear.
. Homes-even those that do not require Design Review Board should be required to
provide a contextual line drawing showing compatibility with the neighboring
properties.
. Homeowners also agreed that RS-4 dry lots should not have the same regulations as
RS-1 waterfront lots. One size fits all development does not work. There should be
d ifferent reg u lations for different neig h borhoods.
. Other residents believe we have not given the new code time to see results.
o Homeowner is worried too much emphasis is being placed on number and not
enough on design.
Focus qroup meetino with Homeowners (Auq. 27th):
. lncrease landscape areas in the front yards-current regulations allow for too much
pavement, which affects drainage and water drainage. There should also be a
landscape requirement for the entire site not just the front and rear yard-this will
allow for more green spaces throughout the site.
. ln agreement to create a Single-Family Review Board. They want more transparency
in the approval process.
. Would like more review criteria for compatibility for new construction.
. They are amendable to calculating exterior covered spaces as a percentage towards
lot coverage.
o Reestablish lot coverage restrictions when demolishing a pre-1942 Single-Family
Home.
. Suggested a survey should be done of the existing single-family homes and
determine which homes should be retained. Neighborhoods should have a ratio of
old vs. new construction. The City should look into how they can facilitate applying
for Flood lnsurance Grants and Grants to raise structures.
. Homeowners that want to create a home with a larger first floor than second floor will
prefer a larger lot coverage and lower unit size.
o Most of the compatibility issues being discussed appear to be related to style. The
requirements for new construction-flood elevation, combined with the prefered style
of today creates incompatible architecture.
JLM/TRM/MB/LC
T:\AGENDAV01S\October\PLANNING\Referral to PB SF Regs - Focus Group Summary.docx
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LOT COVERAGE (25%) = 3,750 SF
LOT COVERAGE (30%) = 4,500 SF
m MAX UNIT SIZE (45%) = 6,750 SF
MAX UNIT SIZE (50%) = 7,500 SF
: 100'x 50'= 7,500 SF
LOT COVERAGE (25%) = 1,875 SF
LOT COVERAGE (30%) = 2,250 SF
MAX UNIT SIZE (45%) = 3,375 SF
MAX UNIT SIZE (50%) = 3,750 SF
MIAMIBEACH
Plonning Deporlment
Home Ordinance Amendment
Lot Coverage - Unit Size
Existing and Proposed Lot Coverage and Unit Size calculations
LUDC#80917
MIAMIBEACH
Single Family Homes
Lot Sizes
Legend
I 1o,ooo sF or tess - 2,878 parcets
f ':lr,l 16,661 sF to 1s,ooo sF - 1,248 parcels
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918
MIAMIBEACH
Single Family Homes
Lot Sizes
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ffi 15,ool sF to 2o,ooo sF - 299 parcers
I 2o,ooo sF or greate r - 43T parcets
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919
MIAMIBEACH
Single Family Homes
Lot Sizes
Legend
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THIS PAGE INTENTIONALLY LEFT BLANK
922
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
C ISSION MEMORANDUM
REFERRAL TO THE PLAN BOARD PROPOSED ORDINANCE
AMENDING CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY CODE PERTAINING TO MAXIMUM HEIGHT REQUIREMENTS
FOR MIXED-USE BUILDINGS WITH STRUCTURED PARKING ON THE WEST
SIDE OF ALTON ROAD FROM 6TH STREET TO COLLINS CANAL
ADMI NISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On July 8,2015, at the request of Commissioner Joy Malakoff, the City Commission referred this
item to the Land Use and Development Committee (ltem C4F). On July 29,2015, the Land Use
Committee continued the item to September 9, 2015.
On September 9, 2015, the Land Use Committee discussed the item and recommended that an
Ordinance be referred to the Planning Board, based upon the proffer of a property owner on Alton
Road.
ANALYS!S
Currently, all new construction within CD-2 districts along the west side of Alton Road from 6th
Street to Collins Canal is limited to 50 feet in height. At the September 9, 2015 Land Use
Committee meeting, representatives of the property owner at 1698 Alton Road made a
presentation to the Committee regarding a proposed increase of ten (10') in the overall height limit
for mixed-use projects providing structured parking on the west side of Alton Road between 6th
Street and Collins Canal. The following is a summary of the proposal made to the Committee:
- The ordinance should only apply to properties in non-historic districts and not in the Alton Road
buffer overlay, so the properties on the easf srde of Alton Road (which are in the Flamingo Park
Historic District) should not be affected.
. The proposal will not increase floors/stories (fhis would remain at 5 stories) and will not
increase FAR - simply an additional 10 feet in height.
. The properties here are CD-2 which already permit RM-2 FAR and Sefbacks for properties
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14,2015
the City
Agenda rtem R ?I.
oate lo-lV-l{923
Commission Memorandum
Referral to Planning Board - Alton Road Mixed-Use Height Ordinance
October 14, 201 5 Page 2 of 2
containing at least 25%o residential uses. The additional 10 feet in height is what is permitted in
RM-2 as well.
. The extra 10 feet will be utilized in part to build projects to meet new sea level rise elevations.
The current code as written allows 5 functional sfories at 50 feet. The amendment will allow 5
functionalsfories at 60 feet.
- Providing parking within the building (particularly when additional parking is provided beyond
the required amount) should be incentivized in the Alton Road parking District - instead of
pushing projects to have off-site parking.
The proposal to increase the maximum height for mixed-use buildings is not expected to have a
significant impact on the scale, context and character of the west side of Alton Road, as the CD-2
zones on the west side of Alton Road are adjacent to RM-1 (maximum allowable height of 50 feet)
and RM-2 zones (maximum allowable height of 60 feet). Additionally, any future development
proposal would still be subject to Design Review Board (DRB) approval, as well as Planning Board
approval if the development project exceeds 50,000 square feet in size.
CONCLUSION
ln accordance with the September 9, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached_Or{inance Amendment to the Planning Board.w$h
JLM/ST/TRM'
T:\AGENDA\2015\October\Pl-ANNING\Referral to PB Alton Road CD2 Heights - MEM.docx
924
CD.2 HEIGHT FOR MIXED.USE ON ALTON ROAD
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER
142, "ZON!NG DISTRICTS AND REGULATIONS,'' ARTICLE I!,
"DlsTRlcr REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-
INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT
REGULATIONS,'' BY AMENDING THE MAXIMUM PERMITTED HEIGHT
FOR PROPERTIES ON THE WEST SIDE OF ALTON ROAD FROM 6TH
STREET TO COLLINS CANAL; PROVIDING FOR CODIFIGATION;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the mix of
uses and parking demand on Alton Road, thus establishing the Alton Road Parking District
(Parking District No. 6); and
WHEREAS, the land development regulations already provide that the setback and
floor area regulations for mixed-use projects in the CD-2 zoning district be the same as the
RM-2 zoning district; and
WHEREAS, the RM-2 zoning district provides a maximum height of 60 feet; and
WHEREAS the Planning Board, at its meeting dated
of ____ recommended in favor of the Ordinance; and
,2015 by a vote
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Dbtricts And Regulations," Article ll, "District
Regulations", Division 5, "CD-2, Commercial, Medium-lntensity District," Section 142-306,
"Development Regulations," is hereby amended as follows:
Sec. 142-306. - Development regulations.
The development regulations in the CD-2 commercial, medium intensity district are as
follows:
925
Maximum
Floor
Area
Ratio
Minimum
Lot Area
(Square
Feet)
Minimum
Lot Width
(Feet)
Minimum
Apartment
Unit Size
(Square
Feet)
Average
Apartment
Unit Size
(Square Feet)
Maximum I MaximuBuilding | ,Height I Number(Feet) I ofI Stories
1.5 Commercia
-NoneResidential
-7,000
Commercial
-NoneResidential
-50
Commercial
-N/ANew
construction
-550Rehabilitated
buildings-
400
Non-elderly
and elderly
low and
moderate
income
housing:
See section
142-1183
Hotel unit:
15%: 300-
335
85%: 335+
For
contributing
hotel
structures,
located
within a local
historic
district or a
national
register
district,
which are
being
renovated in
accordance
with the
Secretary of
the lnterior
Standards
and
Guidelines
for the
Rehabilitatio
n of Historic
Structures as
amended,
retaining the
Commercial-
N/A
New
construction-
800
Rehabilitated
buildings-550
Non-elderly
and elderly low
and moderate
income
housing:
See section
142-1183
Hotel units-
N/A
50 (except as
provided
in section 142-
1 161).
Self-storage
warehouse -
40 feet, except
that the
building height
shall be limited
to 25 feet
within 50 feet
from the rear
property line
for lots
abutting an
alley; and
within 60 feet
from a
residential
district for
blocks with no
alley.-
Mixed-Use
Buildings that
include
structured
parkinq for
properties
located on the
west side of
Alton Road
trom orstreet
to Collins
Canal - 60
feet.
5 (except
as provided
in section
142-1161)
Self-
storage
warehouse:
4
926
existing room
configuration
shall be
permitted,
provided all
rooms are a
minimum of
200 square
feet.
Additionally,
existing room
configuration
s for the
above
described
hotel
structures
may be
modified to
address
applicable
life-safety
and
accessibility
regulations,
provided the
200 square
feet
minimum unit
size is
maintained.
SECTION 2. R EPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. COD!FICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
927
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
Mayor
ATTEST:
Rafael E. Granado, City Clerk
2016.
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
,2016
2016
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+*t<e+nreugh = deleted language
T:\AGENDA\201S\October\PLANNINc\Referral to PB Alton Road CD2 Heights - ORD.docx
928
R9 - New Business and Gommission Requests
RgJ Discussion Regarding AT&T Surface Parking Lot at 1030 1Sth Street.
(City Manager & City Attorney)
Agenda ltem
Date
R0;rW929
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930
R9 - New Business and Commission Requests
RgK Discussion Regarding Bringing On October 21,2015, For First Reading, An Ordinance
Amending Chapter 82, Article Vll Of The City Code, ln Order To Streamline The Review
And Approval Process For Art ln Public Places.
(Sponsored by Commissioner Joy Malakoff)
Aqenda nen RQ k
Date l0-lU-l{931
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932
g MIAMIBEACH
OFFICE OFTHE MAYORAND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: October 5,2015
SUBJECT Agenda item for the October 14,2015 City Commission Meeting
Please place on the October 14th City Commission agenda a status update on
implementing restrictions on bridge openings during automobile peek travel times on the
63rd Street bridge.
Thank you!
If you have any questions please do not hesitate to call our office.
MIAMIBEAGH
Commiss ioner Micl<y Stei nberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax 305-673-7096 / www.miamibeachfl.gov
We arc @mmitted to providing excellant public seruice and safety to all who live, wo* and play in our vibrant, ttopical, historic
community.
Asenda ttem RQ L
Date l0-tV-tS933
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934
b:MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Commissioners
FROM: MichaelGrieco,Commissioner
DATE: October 14,2015
SUBJECT: Discussion ltem relating to AT&T Site - 1O3O 15th Street
I would like to discuss the above referenced property, as it relates to legal options and discussion of
all planning issues.
lf you have any questions please contact Daniella Bonini at Ext 6457.
Agenda ltem
Date
We ore commifted to providing excellent public service ond sofef'7 to oll who live, work, ond ploy in our vibront, t'ropicol
935
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936
City of Miomi Beoch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
MIAMIBEACH
TO: Mayor Philip Levine and
FROM: Jimmy Morales, City Ma
DATE: October 14,2015
Mem of the C mtsslon
SUBIECT: DISCUSSION ON BISCAYNE ISLAND ENTRANCE ENHANCEMENT
BACKGROUND
Construction of the Biscayne Point lsland Neighborhood project started in March 2009 and was
substantially completed in Octobet 2013. As part of the Substantial Completion punch list, the
Biscayne Point lsland residents requested additional items to be incorporated into the scope of the
project to enhance the entnyway to the neighborhood and complement the island. The requested
modifications include, new entry monument, enhanced landscaping and up-lighting, modifications to
existing columns, removalof existing Miami Beach red sidewalks and pavers and replacementwith
grey color, guardhouse improvements, and additional lighting.
At the July 23, 2014, Commission Meeting, the Commission was informed that the estimated cost to
complete the entrance enhancement project was $376,398; or $315,918, if Public Works
Department assisted with some of the labor. The available funding to complete this project
consisted of $200,000 from the Biscayne Point Neighborhood project and approximately $30,000
from the Bridge Lights at77lh Street and HaMhorne Avenue project. The available funding was not
sufficient to complete the requested work, thus City Commission approved the concept and directed
Staff to present this item to the Finance and Citywide Projects Committee.
On August 13,2014, the Finance and Citywide Projects Committee authorized additionalfunding for
this project in the amount of $50,000. Thus, making the available funding forthis project $280,000.
ANALYSIS
As requested by the residents, the scope of work was further developed and modified to include
additional roadway reconfiguration, elimination of existing pedestrian walkways, and enhanced
landscaping. These modifications along with a more accurate cost estimate contributed to the
project cost increase. The current cost estimate for all these improvements is approximately
$614,400; there is a funding shortfall of $334,400.
At the September 30,2015, Commission Meeting, there was a referral item to Finance and Citywide
Projects Committee for this project. At this meeting, Commission was informed that additional
funding was required to complete the Biscayne Point lsland Entrance Enhancement project and
referred this item to the Finance and Citywide Projects Committee.
Agenda ltem
Date937
City Commission Memorandum - A Discussion on Biscayne Point lsland Entrance Enhancement
October 14, 2015
Page 2 of 2
On Octobet 5,2015, during the Finance and Cityruide Projects Committee meeting, the Biscayne
Point Residents, with assistance from the Capital lmprovement Projects and Planning Departments,
presented a request to add $334,400 to the FY1 5/16 budget for the Biscayne Point lsland Entrance
Enhancement project. The Finance and Citywide Projects Committee approved this request pending
verification of fund ing availability.
RECOMMENDATION
The Administration is seeking authorization from the Commission to approve the additional funding
of $334,400, and include it as part of the first Capital Budget Amendment for FY15/16.
Attachment - Construction Cost Estimate
JM'&#
F:\T_Drive\AGENDA\201S\October\ClP\BP Entrance\2015-10-06 - Biscayne Point Entrance - Commission Memorandum - October
2015.doc
938
Biscayne Point Island Entrance Enhancement
Gonstruction Gost Estimate
Summory of ltems
Revised Costs - August 27,2015
Line
Item
HOA
Item UNIT QNTY Unit Cost TOTAL ITEM DESCRIPTION
Entrance Median
t 1,28 LS 1.00 20,000.0c $ 20,000 Demolition of existing neighborhood entry monument and
construction of new entry monument with Biscayne Point
marquee, including uplighting.
2 2 LS 1.00 3,1 15.00 $ 3,1 15 Provide colorful plants on median around new monument.
3 3 EA 2.00 $ 10,000.00 $ 20,000 lnstalltwo (2) Medjool Palm Trees in entrance median.
4 N/A LS 1.00 $ 27,045.00 $ 27,045 Provide new landscaping along S. Biscayne Point Rd. from
Hawthorne Ave. to the east end of the bridge.
5 N/A LS 1.00 $ 5,000.00 $ 5,000 Removal and replacement of existing vehicle loop at
intersection of HaMhorne Ave. and 77th Street.
SUBTOTAL $ 75,160
Road and Bridge
Re rove/lnstall Fence & Landscaping
1 13 LF 60.00 $ 10.00 $600 Relocation of existing black aluminum fence along the
Southwest property to the marked ROW line.
2 11,13
,14
LS 1.0c s 2,000.00 $ 2,ooo Relocation of existing aluminum fence on the Northeast and
Southeast corner of the bridge to the ROW line.
3 N/A LS 1.0c $ 7,250.00 $ 7,250 Provide new landscaping at Northwest and Southwest corners
of the bridge once fences are relocated to the ROW.
4 N/A EA 1.0c $ 750.00 $ 750 Removal of existing sabal palm in conflict with overhead lines
at the Northwest corner of the bridge. As noted by Planning
schematic design.
SUBTOTAL $ 10,600
Modifications to Columns
L I EA 12.0C s 600.00 $ 7,200 Modifications to columns along the entryway to provide a
consistent elevation.
2 I EA 72.O0 S zoo.oo $ 8,400 Removal of existing brick and stone finishes from columns
and place a new stucco fagade.
3 10 EA 4.00 S soo.oo $ 2,ooo Provide new electrical service to existing columns without
service.
4 10 EA 12.00 $ 2,s00.00 $ 30,000 lnstall new decorative light fixture on each of the columns.
SUBTOTAL $ 47,600
Road and Sidewalks
1 20 LS 1 $ 36,846.40 $ 36,846 Removal and replacement of existing Miami Beach red
sidewalks with 4-inch and 6-inch thick gray sidewalks.
2 24 SF 6,1 10 $ 15.00 5 91,650 Removal and replacement of existing red concrete pavers
along entryrvay at exsting locations from Hawthorne Ave. and
up to the guardhouse with grey concrete pavers.
SUBTOTAT $ 128,496
Attachment
Page 1 of 3939
Biscayne Point Island Entrance Enhancement
Gonstruction Gost Estimate
Summory of Items
Revised Costs - August 27,20'|.5
Line
Item
HOA
Item UNIT QNTY Unit Cost TOTAL ITEM DESCRIPTION
Guardhouse
L 18 LS 1.00 s 7,000.00 $ 7,000 Replace guardhouse existing tile roof with standing-seam
(approx. 170 SF) in a color to match aluminum fencing.
2 19 EA 2.00 s 8oo.oo $ 1,600 Replace existing windows on guardhouse (without muntins)
with impact-resistant windows to match aluminum fencing.
3 20 LF 210.00 s 14.00 $ 2,940 Removal and replacement of existing Miami Beach red curb
around the guarhouse island with gray concrete Type "D"
Curb.
4 21 SF 120.00 S 10.00 $ 1,200 Replacement of existing tile flooring outside of guardhouse
5 22 LS 1.00 s 2,500.00 $ 2,500 lnstall new lights outside guardhouse
6 27 LF 189.00 $ 14.00 $ z,o+o Placement of new gray concrete Type "D" Curb around swale
areas west of quardhouse.
7 27 LS 1.00 $ 9,000.00 $ 9,000 Provide new soil, sod, and landscaping for swales west of
guardhouse.
8 15,
'16,
23
LS L.00 $ 15,000.00 $ 15,000 Plant different focal tree (Medjool Palm if approved by PW
GS) in east median of guardhouse. Provide colorful plants on
planter east of guardhouse.
I N/A SY 818.56 $ 4.00 $ 3,274 Milling of asphalt pavement in a section west of the
guardhouse and up to the intersection of S. Biscayne Point
Rd. and Noremac Ave.
10 N/A TN 98.96 $ 100.00 $ 9,896 2-inch asphalt, including expansion over existing crosswalks,
and swales.
11 N/A LS 1.00 $ 2,500.00 $ 2,500 Pavement markings west of guardhouse, including relocation
of an existing stop sign and placement of new "Right Turn
Only" sign at intersection of Noremac Ave. and S. Biscayne
Point Rd.
SUBTOTAT $ 57,556
Right urn at the lntersection of Noremac Ave. & S. Biscayne Point Rd.
1,2 1,25,
26
LS 1.00 $ 81,485.00 $ 81,485 Placement of new landscaping and irrigation to swale area
and landscape island at the dedicated right turn lane at the
intersection of S. Biscayne Point Rd. and Noremac Ave.
Existing roadway/swale drainage configuration to be
maintained at this intersection. The landscape island adjacent
to the dedicated right turn lane is going to be enlarged for
placement of additional landscaping. The existing crosswalks
at the intersection of S. Biscayne Point Rd. are to be
removed.
3 N/A SY 50.33 $ 31.s0 $ 1,585 Asphalt expansion over existing crosswalks and small swale
area (12" subgrade & 8" base).
4 N/A SF 260.0c $ 1.00 $260 Removal of existing Miami Beach red brick pavers over
existing crosswalks.
Attachment
Page 2 of 3940
Biscayne Point lsland Entrance Enhancement
Gonstruction Gost Estimate
Summory of ltems
Revised Costs - August 27,2015
Line
Item
HOA
Item UNIT QNTY Unit Cost TOTAL ITEM DESCRIPTION
5 N/A LF 133.00 $ 3.15 $419 Removal of existing concrete header curb at existing
crosswalks.
6 N/A LF 75.00 s 3.00 $225 Removal of existing concrete Type "D" curb at existing
landscape island.
7 N/A SF 197.00 $ 1.00 $197 Removal of existing sidewalk in landscape island and
sidewalk ramps at existing crosswalks.
SUBTOTAT $ 84,171
TOTAL $ 403,584
TION & GNRL.$ 69,286
SUBTOTAL
TOTAL ESTIMATED
PROFESSIONAL
OWNER'S CONTINGENCY
GRAND TOTAL PRIOR TO
cMB FEES (CrP)
GRAND TOTAL WITH
$
$
12.00% $
10.00% $
6.50%
69,286
472,870
56,744
47,287
lT-zo-,dofl
$ sz,+gg
h 6-iZ76d'l
Attachment
Page 3 of 3941
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942
R1 0
CITY ATTORNEY REPORTS
943
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attorney r)f.i+..-
October 14,2015
City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
1.
Case No. 1 1-42596 CA 27 (Circuit Court - 11
Miami-Dade County, Florida)
Judicial Circuit and
This is an action to compel the redemption rights of the City of Miami Beach
against the real property located 1340 W 34th Street, Hialeah, Florida. The
Summons and Complaint were served on the City on August 25,2015.
The City's Answer was filed on August 26,2015.
2, FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"}. A
CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE
UNIED STATES OF AMERICA V. PATRICK J SIMMONS" ET AL Case No.
iami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property 10733-35 NE I
Avenue, Miami, Florida. The Summons and Verified Complaint were served on
the City on August 27,2015.
The City's Answer was filed on August 31,2015.
SIDENT. V. CITY OF MIAMI
Case No. 2015-014570-CA-01 (Circuit Court - 11'n Judicial Circuit in and
Miami-Dade County, Florida)
The Plaintiff alleges he was unlawfully terminated. The City will vigorously
defend this lawsuit.
4, GREEN TREE SERVICING. LLC V. LILIA MGNEELEY: JAMES MGNEELEY:
THE UNKNOWN SPOUSE OF LILIA MGNEELEY: BAY GARDEN MANOR
CONDOMINIUM ASSOCIATION. lNC.: BARNETT GUTHARTZ: FRIEDA
GUTHARTZ: SPECIAL MASTER IN AND FOR THE CITY OF MIAMI
BEACH. FLORIDA: UNITED STATES OF AMERIGA: FLORIDA
TO:
FROM:
DATE:
SUBJECT:
Agenda ttem Rl2 Aoatelo?t/K944
City Attorney's Reporf
Octoher 14, 2015
Page 2
5.
DEPARTMENT OF REVENUE: THE UNKNONWN TENANT IN
POSSESSIONOF 1250 W, AVE #9W. MIAMI BEACH. FL 33139 Case No.
15-009009 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 1250 West
Avenue, Unit 9W, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on August 28,2015.
The City's Motion to Dismiss for failure to join indispensable party was filed on
August 31,2015.
CITY OF MIAMI BEACH V. ASTRO SCOOTER. LLC. and MONIQUE L.
EATON Case No. 15-1890 SP24 (County Court in and for Miami Dade
County, Florida)
On July 12, 2013, Monique Eaton, while operating a 2012 Honda moped,
owned by Astro Scooters, LLC, collided into a parked City owned vehicle.
The two (2) count Complaint seeks damages in excess of $500. The pre-trial
conference is scheduled for October 6, 2015.
CITY OF MIAMI BEACH V. FERNANDO J. SANTOS AND ANGEL
FERNANDO SANTOS, Case No. 15-1889 SP 24 (County Court in and for
Miami-Dade County, Florida)
On June 3, 2014, Angel Santos, while operating a 2012 Chevrolet Camaro,
owned by Fernando J. Santos, collided into a parked City owned vehicle.
The two (2) count Complaint seeks damages in excess of $500. The pre-trial
conference is scheduled for October 6, 2015.
7. C|TY i,ilAIlIt
CHAVEZ Case No. 15-19802 CA05 (Circuit Court -
and for Miami Dade County, Florida)
11'" Judicial Circuit in
On August 31, 2014, Brisa K. Chavez, while operating a 2015 Lexus lS 250,
owned by Toyota Lease Trust, collided into a portion of the Washington
Avenue Water Feature located within the South Pointe Park.
The two (2) count Complaint seeks damages in excess of $100,000.
8. YRIS DIEGUEZ V. FLORIDA DEPARTMENT OF TRANSPORTATION V.
MIAMI BEACH HOSPITALIW. INC.. D'B/A THE DEAUVILLE BEACH
RESORT. DEAUVILLE HOLDINGS. INC. DEAUVILLE HOTEL PROPERW.
LLC. THE DEAUVILLE HOTEL CONDOMINIUM ASSOCIATION. INC. AND
Case No. 13-17050 CA05 in the (Circuit Court
6.
of the 11"' Judicial Circuit in and for Miami-Dade County, Florida)
945
City Attorney's Report
October 14, 2015
Page 3
Plaintiff is alleging injuries sustained from tripping while walking on the 6700-
6800 block of Collins Avenue in Miami Beach, Florida on or about April 28,
2012. The plaintiff sued FDOT, the owners of the location and FDOT in turn
filed a third party complaint against the City of Miami Beach alleging that the
City is responsible for maintaining the location of plaintiff's fall pursuant to the
1993 North Beach Streetscape lmprovement Project wherein the City took
over maintenance responsibilities for FDOT sidewalks the City improved
pursuant to that project. Public Works has confirmed that the City did not
modify this sidewalk at 6700 Block of Collins Avenue pursuant to the North
Beach Streetscape Improvement Project or any other projects for that matter
and therefore the 1993 maintenance agreement with FDOT does not apply
and FDOT is responsible for the location and not the City of Miami Beach. We
shall file our answer to the third party complaint and propound discovery to
FDOT.
9. RICHARD H. BERNSTEIN AND LYNNE R PELL. AS CO.TRUSTEES OF
THE MANUEL M. BERNSTEIN FAMILY TRUST. DATED DECEMBER 31.
2008 V. RICHARD DUENAS. ET AL Case No. 15-19503-CA 30 (Circuit
r Miami-Dade, County Florida)
This is an action to foreclose a mortgage on real property located 1065 98th
Street, Unit A-2, Bay Harbor lsland, Florida. The Summons and Verified
Complaint were served on the City on September 3,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on September 9, 2015.
10. BARBARA MORRIS V. CITY OF MIAMI BEACH Case No. 15-1887-SP-24
(County Court in and for Miami-Dade County, Florida)
This is an action to recover a $400 security deposit which was not returned to
Ms. Morris when she vacated her apartment. Notice was provided to Ms.
Morris at her last known address. However, she disputes receiving the notice.
The pre-trial conference is scheduled for October 6, 2015.
11. ALL SEASONS CONDOM|NiljTM ASSOCIATION. tNC.. V. THE CtTy OF
Case No. 15-20148 CA-34
(Circuit Court - 11'n Judicial Circuit in and for Dade County, Florida)
This is an action for temporary and permanent injunctive relief filed on behalf
of the condominium association challenging the Building Official's decision to
red tag the building as a result of the condominium association's failure to
timely comply with an Order of the Miami-Dade County Unsafe Structures
Board. The Petition was served on the City on September 10, 2015. The
propefi is located at 3621 Collins Avenue, Miami Beach, Florida.
946
City Attorney's Repoft
October 14, 2015
Page 4
12.
The City's Motion to Dismiss, alleging lack of subject matter jurisdiction will be
timely file.
SOPHIA MILLER ANDERSON V. CITY OF MIAMI BEACH Case No. 15-
15439 SP 23 (County Court in and for Miami-Dade County, Florida)
Plaintiff, Sophia Miller Anderson, was involved in an automobile accident on
April 1 1, 2014 and was transported by City of Miami Beach fire rescue to
Mount Sinai Hospital for treatment. She incurred a bill of $760.42 from
lntermedix, the EMS billing service provider for the City. She claims that her
auto insurance carrier paid 80% of the bill and she paid 20% as required by
statute pursuant to the billing requirement of a maximum of 240% of the
Medicare billing rate. She alleges that in spite of the fact that she has paid the
bill in compliance with the statute; the lntermedix billing service has been
harassing her by sending her reminders that she has an outstanding payment
of $91.58 on the bill. She is suing the City for harassment, attorney's fees and
costs. We have tendered the suit to lntermedix, our EMS billing provider and
contractor. The Vice President of lntermedix, Darryl Hartung, responded via
email on September 15, 2015 indicating that he will forward the summons and
complaint to their counsel who will handle and the City updated.
ANGELO ARENA V. CITY OF MIAMI BEACH. EDUARD ALBA . AND HYOK
CHONG Case No. 15-CV-22624 (wawer of service of summons) in the United
States District Court for the Southern District of Florida 09/16/15
The Plaintiff alleges he was unlaMully arrested and subject to excessive force.
The City will vigorously defend this lawsuit.
EVA KATZ v. CITY OF MIAMI BEACH and FPL ENERGY SERVIGES. lNG..
r
Miami-Dade County, Florida)
Plaintiff, was walking on the sidewalk outside a municipal parking lot at 4525
Collins Avenue, Miami Beach, FL 33140 when she tripped on the sidewalk due
to a non -flat surface with an exposed drain cover with no warning sign or
barrier provided. Co-defendant, FPL was doing some work at the location and
had obtained a right of way permit from the City of Miami Beach to occupy the
right of way, which belongs to FDOT. It should be noted that this area in
question is not part of the Collins Avenue Agreement that we improved and
agreed to take over maintenance responsibilities for. We issued the permit
because the FDOT procedure requires the City to issue a permit that piggy
backs off of FDOT's permit. Plaintiff attached the City's right of way permit to
their complaint. We shall file our answer to the complaint, propound discovery
and also tender the suit to FPL pursuant to the right of way permit provisions
which requires FPL to represent and indemnify the City.
13.
14.
947
City Attorney's Repoft
October 14, 2015
Page 5
RA\SR\EB\DP\RR\IT
F :\ATTO\AAOFF\AAOFF\FI LE.#SUO1 s\Status Report CAO 1 0 1 4 1 S.docx
15.BRENDA FERNANDEZ v. CITY OF MIAMI BEAGH. FLORIDA Case No.
1:15-CV-22919-KMW (United States District Court Southern District of Florida
Miami Division)
This is a suit by a former employee alleging employment discrimination
pursuant to Title Vll and other state and federal statutes. Plaintiff alleges that
she was retaliated against because of previously complaining about sexual
harassment and because of her national origin (Guatemala). The City was just
served with the complaint and is reviewing it.
BBQ BEACH. INC.. TERRY FALA PRODUCTIONS' STUDIO. LLC V. CITY
Circuit in and for Miami-Dade County, Florida)
This is an action for damages in connection with breach of a consulting
agreement entered into by BBQ Beach, lnc. with Terry Fala
Productions/Studio, !nc. in connection with the former Ieasehold interest held
by BBQ Beach, lnc. for the City's property located at 1555 Washington
Avenue, Miami Beach, FL.
The City's Motion to Dismiss for failure to state a cause of action will be timely
file.
16.
948
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949
R10 - Gitv Attornev Reports
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held
During Recess Of The City Commission Meeting On Wednesday, October 14, 2015, ln
The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion
Relative To Collective Bargaining.
Agenda ltem
Date950
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951
REPORTS
AND
INFORMATIONAL ITEMS
952
1. Reports and lnformational ltems
(see LTC 393-2014)
Agenda ttem /
oateloW953
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954
r.-. -C.r-.-.
-----re ' r r ' ::., 'r
1.:;'-
-
F,:j , rl I
LETTER TO COMMISSION
To: Moyor Philip Levine ond Members
From: Jimmy L. Moroles, City Monoger
Dote: October 1 4, 2015
392-2015
Cfty C
Subiect:List of Proiects Covered by the Cone Silence Ordinonce
covered by the requirements of the City's Cone of Silence Ordinonce, following is o list of oll current
solicitotions (i."., lnviiotion {or Bids ("Bids"), Request for Proposols (RFPs), ond Request for
Quolificotions (RFQs), thot, to dote, ore covered by the ordinonce. Pleose note thot the Cone of
Silence is in effect from the dote the solicitotion is odverlised, os indicoted below, through dote of
oword by the City Commission.
2015-013-RFP-LR 0s/08/201s Secu rity Officer Services
2015-097-lTB-WG
Swimming Pool Equipmeni Replocement,
Mointenonce ond Repoir
Pqrks &
Recreotion
20r5-r Oo-rrB-YG 07 /06/2015 Directionol Bore Services for Electricol Street Lighting
Conduits ond Wqter Services For Woter Meiers
Public Works
201 5-r 33-RFP- YG Design/Build Services for Neighborhood No. B:
Centrol Boyshore South Right-of-Woy ln{rostructure
2015-.l37-|TB-AK 06/04/2015 Pour in Ploce Ployground Surfoces ond Bonded
Aggregote for Londscoped Areos
Agenda ltem I--e-. - ox"-ttq1(955
Palz12
2015-145-lTB-AK 05/05/2015 Emergency Boord Up ond Security
Services
CIP
20r 5-r 60-RFA-YG 05/08/2015 Consiructobiliiy, Cost, ond Volue
Engineeri ng Review Services
CIP
20'15-163-RFP-LR 04/17 /2015 City Website Design, Developmenl ond
lmplementotion
IT
2015-176-RFP-tR 05/11/2015 Elevotor lnspections ond Plons Review
Services Building
2015-t 77-RFP-JR 07 /10/201s
Electricol Vehicle Chorging Stoiions for
the Ciiy's Porking Focilities, Porking
Goroges ond Surfoce Lots.
Environmentol ond
Susloinobility
2015-t 82-|TB-JR 0s/27 /2015 City Holl HVAC & VFD Replocement Property
Monooemenl
2015-t 9t -tTB- YG 07 /08/2015 Souih Pointe Pork Woter Feoiure
Rehobilitotion CIP
20r 5-r 95-RFP-LR 06/09/2015 Heolth Core Benefits Consullont Services Humon
Resources
2015-201-trB-WG 10/02/2015
(Tentoiive)
Leose of Golf Course Turf Mointenonce
Equipment
Porks ond Recreoiion
2015-203-tTB-AK 09 /23/2015 Telecommunicotion Wiring Services IT
20r 5-205-RFP-WG 07 /13/2015
Monogement ond Operotion of
Concession Locoted Eost of Collins
Avenue Neor Boih 2lst ond 46ih Sireet
Tourism, Culturol, ond
Economic
Development/Reol
Estote
2015-206-RFQ-KB 07 /10/2015 Roofing Consu ltoni Services Properly Monogement
2015-21r-RFQ-KB 07 /10/2015
Architecturol ond Engineering Design
Services for Nodh Shore Open Spoce
Pork
CIP
2015-213-RFQ-KB 07 /10/2A15
Preporotion o{ Environmento I Anolysis
for the Miomi Beoch Component of the
Beoch Corridor Tronsit Connection
Proiect ond
{or Review ond Evoluoiion of Reloted
Proposols os Necessory
Tronsporloiion
2015-240-RFQ-KB 09/11/2015
Archiiecturol ond Engineering Design
Services for the Future Community Pork
Proieci
CIP
2OI5-25B.RFP.MT 09/25/201s
Collection ond Disposol o{ Residenliol
Solid Woste, Yord Trosh, Bulk Wosie,
ond Operoiion o{ the City's Green
Woste Focillty
Sonitotion,/Pu blic Works
2015-267 -tTB-KB 09/22/2015 Continuing Services (As Needed) for the
Construclion of Seowolls Citywide Public Works
956
Pac;e l3
2016-002-lTB-KB 10/2/15
(Tentotive)
Pointing ond Striping of Dedicoted
Bicycle Lones
Tronsportotion
2016-004-lTB-MT 09/10/2015
Annuol I nspection, Testing, Certificotion
Repoirs ond Moinienonce {or the
Citywide Fire Sprinkler Systems, Fire
Pumps, Stondpipes ond Fire Bockflow
P reve nters
Property
Monogement
20r 6-005-rTB-wG 10/s/t 5
(Tentotive)Seowoll Rehobilitoiion ot Moss Pork Building
Pleose note thot lTBs, RFPs, ond RFQs ore being issued on o doily bosis. Therefore, it is recommended
thot you or your stoff view the list of proiects under the Cone o{ Silence on o regulor bosis. Should
you hove ony questions or need odditionol informotion, pleose feel free to contoct me.
rLnlffizrv&{}
F: \PURC\ $AtL\REPORTS\Week/y Reporfs \Ociober I 4 \Con e LfC
\
957
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958
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14,2015
REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WlrHrN (6) SrX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for October 2015:
Neiq hborhood/Commun itv Affai rs Committee
There are no items to be automatically withdrawn at this time.
Finance & Citvwide Proiects Gommittee
1. Discussion Regarding Partial Payments Of Annual And Sick Leave For Participants Of The
Deferred Retirement Option Plan (DROP).
(Requested by Deede Weithorn/December 17,2014 City Commission Meeting, ltem C4E)
Sustainabilitv & Resi liencv Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
There are no items to be automatically withdrawn at this time.
JLM/REG
T:\AGE N DA\201 S\OctobeAComm ittee ltems Removed after 6 months.docx
TO:
FROM:
DATE:
SUBJECT:
Aqenda ltem 3DateWf--{959
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960
Reports and lnformational ltems
4. LTC - Regarding Police Department's lntention To Rely On Miami-Dade County Police
Department To lnvestigate Officer-lnvolved Shootings And Critical lncidents Occurring
On Miami Beach.
(Police)
(ltem to be Submitted in the Supplemental)
Agenda ltem 4Date_Wl(961
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962
RDA
963
1A
Redevelopment Aqencv ltem
A Resolution Of The Chairperson And Members Of The Miami Beach
Redevelopment Agency Authorizing The lssuance Of Not More Than
$430,000,000 ln Aggregate Principal Amount Of Miami Beach Redevelopment
Agency Tax lncrement Revenue Bonds (City Center/Historic Convention Village)
(The "Series 2015 Bonds"), For The Purpose Of Refunding The Agency's
Outstanding Prior Bonds And Financing Certain Public lmprovements; Providing
For The lssuance Of Additional Bonds On A Parity Therewith; Providing For The
Security And Payment Of All Bonds lssued Pursuant To This Resolution;
Providing Certain Details Of The Series 2015 Bonds; Delegating Certain Matters
ln Connection With The lssuance Of The Series 2015 Bonds To The Executive
Director Of The Agency, lncluding Whether To Secure A Credit Facility And/Or A
Reserve Account lnsurance Policy, Within The Limitations And Restrictions
Stated Herein; Appointing Underuvriters, Paying Agent, Registrar, Escrow Agent
And Disclosure Dissemination Agent; Approving The Form Of The Preliminary
Official Statement For The Series 2015 Bonds And Authorizing Execution Of The
Final Official Statement For The Series 2015 Bonds; Authorizing The Negotiated
Sale Of The Series 2015 Bonds And Approving The Form And Authorizing
Execution Of The Bond Purchase Agreement For The Series 2015 Bonds;
Approving The Forms And Authorizing Execution Of Escrow Deposit Agreements
For The Outstanding Prior Bonds; Covenanting To Provide Continuing Disclosure
ln Connection With The Series 2015 Bonds And Approving The Form And
Authorizing Execution Of A Continuing Disclosure Agreement; Authorizing
Officers And Employees Of The Agency To Take All Necessary Actions ln
Connection With The lssuance Of The Series 2015 Bonds; And Providing For An
Effective Date. 2:00 p.m. Second Readinq Public Hearinq/Joint Citv
Gommission & Redevelopment Agencv
(Finance)
(First Reading on September 30,2015 - RDA 1C)
(ltem to be Submitted in Supplemental)
Agenda ltem I A
Date l}4U-lS964
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965