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20160720 BMCommission Meeting (Presentations & Aw ards) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 20, 2016 - 5:00 PM Mayor Philip Levine Commissioner John Elizabeth Aleman Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Go nzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. AT TENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists w ith the Office of the City Clerk prior to engaging in any lobbying activity w ith the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists law s are available in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (f ive-day notice required), inf o rmation o n access f or persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may mo ve any agenda item to an alternate meeting. In additio n, the Mayor and City Commissio n may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA KEY Presentations and Awards:Regular Agenda: PA - Presentations and Awards R2 - Competitive Bid Reports R5 - Ordinances Consent Agenda:R7 - Resolutions C2 - Competitive Bid Reports R9 - New Businesses & Commission Requests C4 - Commissio n Committee Assignments R10 - City Attorney Reports C6 - Commissio n Committee Reports C7 - Resolutions Reports and Informational Items Page 1 of 216 AGENDA 1.CALL TO ORDER 2.INSPIRATIONAL MESSAGE AND PLEDGE OF ALLEGIANCE 3.REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS Presentations and Aw ards PA 1 EMPLOYEE PERFORMANCE RECOGNITION. Organization Development Perf ormance Initiatives PA 2 THE AMERICAN HEART ASSOCIATION RECOGNIZES THE MIAMI BEACH FIRE DEPARTMENT FOR ACHIEVING THE 2016 MISSION: LIFELINE EMS GOLD LEVEL RECOGNITION AWARD AND IMPLEMENTING QUALITY IMPROVEMENT MEASURES FOR THE TREATMENT OF PATIENTS WHO EXPERIENCE SEVERE HEART ATTACKS. Fire Department Co mmissioner Jo y Malakof f PA 3 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO: SGT. ANDY LOZANO, DETECTIVE RICHARD CORTON, DETECTIVE ALBERTO PORRO, DETECTIVE GRANT REID, DETECTIVE WILSON ROMERO, DETECTIVE ROBERT LANIER AND DETECTIVE MARTIN GARCIA, FOR PROTECTING OUR TOURISTS DURING AN ARMED ROBBERY INCIDENT ON OCEAN DRIVE; AND MARINE PATROL OFFICER DUANE REZENDE, FOR SAVING TWO BURN VICTIMS FROM A BOAT FIRE. Mayor Philip Levine PA 4 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO ISAAC CRUZ, OUR HUMANA WELLNESS REPRESENTATIVE. Co mmissioner Jo y Malakof f PA 5 PROCLAMATION TO BE PRESENTED TO DEPUTY CHIEF LAURETTA HILL FROM THE POLICE DEPARTMENT FOR HER SERVICE TO THE CITY OF MIAMI BEACH. Mayor Philip Levine PA 6 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO OFFICER CATHY TIGHE FOR HER DEDICATION TO OUR STUDENTS AND FOR H E R YEARS OF SERVICE AS A SCHOOL RESOURCE OFFICER. Commissioners Micky Steinberg and Jo hn Elizabeth Aleman PA 7 PROCLAMATION TO BE PRESENTED TO JACKSON PRESIDENT AND CEO CARLOS MIGOYA FOR HIS CONTRIBUTIONS TO THE MODERNIZATION OF THE HEALTH SYSTEM AND HIS TIRELESS EFFORTS TO CHANGE THE PUBLIC PERCEPTION OF IT. Commissioner Kristen Rosen Go nzalez PA 8 PROCLAMATION TO BE PRESENTED TO DWIGHT KRAI FOR HIS LIFELONG DEDICATION TO AND ACHIEVEMENTS IN ENVIRONMENTAL AWARENESS AND ACTIVISM. Commissioner Kristen Rosen Go nzalez PA 9 PROCLAMATION TO BE PRESENTED MOLLIE HORWITZ IN CELEBRATION OF HER LIFE. Commissioner Ricky Arriola CONSENT AGENDA C4 - Commission Committee Assignments C4 A REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN THE MXE DISTRICT. Page 2 of 216 Co mmissioner Jo y Malakof f C4 B REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE A PROHIBITION ON THE OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE. Co mmissioner Jo y Malakof f C4 C REFERRAL TO FINANCE & CITYWIDE PROJECTS COMMITTEE TO PROVIDE MORE HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR SABRINA COHEN FOUNDATION'S ADAPTIVE BEACH DAYS TWO SATURDAYS PER MONTH. Co mmissioner Jo y Malakof f REGULAR AGENDA R5 - Ordinances R5 A 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 IV, ENTITLED “NOISE,” BY AMENDING SECTION 46- 157, ENTITLED “EXEMPTIONS,” WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Of f ice of the City Attorney Mayor Philip Levine First Reading R7 - Resolutions R7 A A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2015/16. Budget & Performance Improvement 5:01 p.m. Public Hearing R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A WORK ORDER WITH METRO EXPRESS, INC. (CONTRACTOR), IN THE AMOUNT OF $1,691,134.67; PLUS TEN PERCENT OWNER’S CONTINGENCY IN THE AMOUNT OF $169,113.47 FOR A TOTAL OF $1,860,248.14, FOR THE CONSTRUCTION OF THE ESPANOLA WAY CONVERSION OF THE STREET TO A PERMANENT PEDESTRIAN MALL PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT; PARTIALLY UTILIZING PREVIOUSLY APPROPRIATED FUNDS, AND SEEKING FUTURE FUNDING AS PROPOSED UNDER THE 7TH AMENDMENT TO THE FY 15/16 CAPITAL BUDGET. Capital Improvement Pro jects R7 C A RESOLUTION RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. Human Resources R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AMENDMENT NO. 4, Page 3 of 216 SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT, AMONG OTHER THINGS, INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF ONE (1) BI-DIRECTIONAL ROUTE IN SOUTH BEACH FOR A TERM OF SIXTY (60) MONTHS, COMMENCING AS OF THE ROLL-OUT DATE FOR THE LOW-FLOOR TROLLEY VEHICLES; (2) THE ADDITION OF TWELVE (12) NEW LOW-FLOOR TROLLEY VEHICLES FOR USE IN ALL CITY TROLLEY ROUTES; (3) A NEGOTIATED NEW HOURLY RATE FOR THE LOW- FLOOR TROLLEY VEHICLES AND ADDITIONAL ASSOCIATED SERVICES; (4) AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUIPMENT FOR THE LOW-FLOOR TROLLEY VEHICLES, AS MAY BE NEEDED IN THE ADMINISTRATION’S DISCRETION, SUBJECT TO FUNDING AVAILABILITY; (5) INCREASING THE ANNUAL COST OF THE AGREEMENT, FROM A NOT TO EXCEED COST OF $6,700,000 TO A NOT TO EXCEED COST OF $12,000,000; AND AUTHORIZING THE CITY MANAGER TO TERMINATE THE CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE SOUTH BEACH LOCAL SERVICE IN CONNECTION WITH THE NEGOTIATION OF A NEW INTERLOCAL AGREEMENT FOR THE SOUTH BEACH TROLLEY ROUTE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED INTERLOCAL AGREEMENT AND THE AMENDMENT. Transportatio n R7 E A RESOLUTION ACCEPTING THE CITY MANAGER’S RECOMMENDATION OF AECOM TO MODIFY THE METHODOLOGY FOR CALCULATING THE EQUIVALENT RESIDENTIAL UNIT (ERU) FOR STORMWATER UTILITY USAGE, AND DIRECTING THE CITY ADMINISTRATION TO DRAFT AN ORDINANCE AMENDING CHAPTER 110 OF THE CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION FROM 791 TO 849 SQUARE FEET OF IMPERVIOUS AREA. Public Wo rks Def erred from July 13, 2016 - R7GG R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO 41ST STREET PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP. Public Wo rks Def erred from July 13, 2016/ R7EE R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPING THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. Of f ice of the City Attorney Mayor Philip Levine R9 - New Business and Commission Requests R9 A RECONSIDERATION OF AGENDA ITEM R7S (LIGHT RAIL MODERN STREETCAR PROJECT) APPROVED AT THE JULY 13, 2016 CITY COMMISSION MEETING. Commissioner John Elizabeth Aleman R9 B DISCUSSION ITEM ON COLLINS PARK PARKING GARAGE OPTIONS. Page 4 of 216 Of fice of the City Manager R9 C DISCUSSION REGARDING FUNDING FOR THE AIR AND SEA SHOW. Tourism, Culture, and Eco nomic Development Mayor Philip Levine R9 D UPDATE REGARDING THE CERTIFICATION OF SIGNED PETITIONS SUBMITTED BY “SAVE MIAMI BEACH 2016,” A POLITICAL COMMITTEE, PETITIONING THE CITY COMMISSION TO SUBMIT TO THE ELECTORS OF MIAMI BEACH AN AMENDMENT TO SECTION 1.03 OF THE MIAMI BEACH CITY CHARTER. Office of the City Clerk R9 E DISCUSSION REGARDING PLACING A BALLOT QUESTION ON THE NOVEMBER 8, 2016 SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING APPROVAL OF 6/7TH VOTE OF THE CITY COMMISSION BEFORE ALLOWING ANY INCREASE TO ANY MAXIMUM ZONED BUILDING HEIGHT. Of f ice of the City Attorney Commissioner Kristen Rosen Go nzalez R10 - City Attorney Reports R10 A NOTICE OF CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION WILL BE HELD PRIOR TO THE CITY COMMISSION MEETING OF WEDNESDAY, JULY 20, 2016, AT 4:30 P.M., IN THE CITY MANAGER’S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FOR A DISCUSSION RELATIVE TO COLLECTIVE BARGAINING. Human Resources 4:30 p.m. NOT ICES A.PUBLIC HEARING ADVERTISEMENT(S). Office of the City Clerk Page 5 of 216 Commission Committe e Assignme nts - C4 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Joy Malakoff DAT E:July 20, 2016 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDI NG RESCINDI NG THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES I N THE MXE DI STRICT. RECOMMENDATION Please place the above referral on the Consent Agenda for the Commission Meeting of July 20, 2016. If you have any questions, please contact me at extension 6622. Legislative Tracking Commissioner Joy Malakof f Page 6 of 216 Commission Committe e Assignme nts - C4 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Joy Malakoff DAT E:July 20, 2016 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE A PROHI BITION ON THE OPENI NG OF ANY NEW OPEN AI R ALCOHOL ENTERTAI NMENT ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRI CT OF OCEAN DRIVE. RECOMMENDATION Please place the above referral on the Consent Agenda for the Commission Meeting of July 20, 2016. If you have any questions, please contact me at extension 6622. Legislative Tracking Commissioner Joy Malakof f Page 7 of 216 Commission Committe e Assignme nts - C4 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Joy Malakoff DAT E:July 20, 2016 SUBJECT:REFERRAL TO FINANCE & CITYWIDE PROJECTS COMMI TTEE TO PROVIDE MORE HANDICAP PARKING IN THE PUBLI C PARKI NG LOT AT ALLI SON PARK FOR SABRI NA COHEN FOUNDATION'S ADAPTIVE BEACH DAYS TWO SATURDAYS PER MONTH. RECOMMENDATION Please place the above referral on the Consent Agenda for the Commission Meeting of July 20, 2016. If you have any questions, please contact me at extension 6622. Legislative Tracking Commissioner Joy Malakof f Page 8 of 216 Ordinance s - R5 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:July 20, 2016 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTI TLED “ENVI RONMENT,” BY AMENDING ARTICLE IV, ENTITLED “NOISE,” BY AMENDI NG SECTI ON 46-157, ENTITLED “EXEMPTIONS,” W HICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT W OULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOI SE THAT IS PROHI BITED WITHI N SECTION 46-152; AND PROVI DI NG FOR REPEALER, SEVERABILI TY, CODIFICATI ON, AND AN EFFECTIVE DATE. ANALY SIS Mayor Philip Levine has proposed an amendment to Section 46-157 of the Miami Beach Code. This amendment, which will amend the City's Noise Ordinance provisions, modifies the exemption provision of Section 46-157, and would result in the modification of the live or amplif ied portion of Subsection (11). Specif ically, the amendment will remove the existing exemption from a violation of the Noise Ordinance, f or those properties located on the west side of Ocean Drive, between 5th Street through 15th Street. CONCLUSION The removal of this exemption f rom Subsection 46-157(11) will serve to ef f ectively address those noise disturbances experienced by residents and visitors, and reduce the overall quality- of -lif e of f enses committed throughout this iconic area of the City. The amendment will f acilitate the City’s commitment to protect the public health, saf ety and welfare f rom these on-going disruptions caused by excessive and unnecessary amplified sound. Legislative Tracking Of f ice of the City Attorney Sponsor Mayor Philip Levine Page 9 of 216 ATTACHMENTS: Description Ordinance Page 10 of 216 ORDINANCE NO. ___________________ 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 IV, ENTITLED “NOISE,” BY AMENDING SECTION 46-157, ENTITLED “EXEMPTIONS,” WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, noise has been a topic of concern within the City of Miami Beach for many years, and has recently been the subject of Commission discussion and community meetings to address modified enforcement and legislative solutions; and WHEREAS, the noise disturbances along Ocean Drive, between 5th Street and 15th Street, have culminated in the overwhelming degradation of this iconic stretch of the City, and has caused far-reaching implications upon the City’s emergency services and responders; and WHEREAS, the Mayor and City Commission have identified the need for more effectively addressing noise disturbances along this portion of Ocean Drive, which noise disturbances are predominately generated by radios, televisions, musical instruments, phonographs, and other machines or devises which produce or reproduce sound; and WHEREAS, this provision herein is deemed necessary to protect the public health, safety and welfare, and to address the actual, material and on-going disruptions caused by amplified sound in the City by persons or entities violating the Noise Ordinance; and WHEREAS, the amendment to this Ordinance will serve to further address the noise concerns of the City, its residents and visitors along this iconic stretch of Ocean Drive. 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 46-157 of Article IV, entitled “Noise,” of Chapter 46, entitled “Environment,” of the Code of the City of Miami Beach, Florida, is hereby amended as follows: CHAPTER 46 ENVIRONMENT * * * ARTICLE IV. NOISE * * * Page 11 of 216 2 Sec. 46-157. Exemptions. The following uses and activities shall not constitute unnecessary and excessive noises prohibited in section 46-152: (1) Cries for emergency assistance and warning calls. (2) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles. (3) Parades, fireworks displays, and other activities for which a permit has been obtained from the city, pursuant to section 46-156, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit. (4) Authorized activities on or in municipal or publicly owned properties and facilities, except where such publicly owned properties or facilities are under private operation or use, unless the city manager or the city manager's designee has specifically authorized an exemption from this section, which exemption will be subject to specific requirements consistent with the administrative guidelines approved by separate resolution of the city commission. (5) Fire alarms and burglar alarms, bells and chimes of churches or other religious institutions; however, false burglary alarms shall be subject to enforcement procedures and penalties as set forth in article II of chapter 42. (6) Locomotives and other railroad equipment and aircraft, to the extent that city regulation is preempted by federal law. (7) Noises resulting from emergency work. (8) Any noise resulting from activities of a temporary duration permitted pursuant to section 46-156. (9) Noise generated by motor vehicles as defined in F.S. § 320.01 when operated and equipped in accordance with requirements set forth in the Florida Statutes. (10) Noise resulting from the operation of vessels when operated in compliance with the decibel limitations in F.S. § 327.65. However, noise exceeding the limitations set forth in F.S. § 327.65 shall be subject to enforcement and penalties as set forth in F.S. ch. 327. (11) Live or amplified sound projecting east of the east property line from each property from 1st Street to 5th Street on the east side of Ocean Drive, from 5th Street to 15th Street on the west side of Ocean Drive, from 15th Street to 73rd Street on the east side of Collins Avenue, from 73rd to 75th Streets on the west side of Ocean Terrace, and from 76th to 87th Streets on the east side of Collins Avenue. This exemption shall only apply to noise that is received in that area located east of the violating property and between the north and south projections of its property boundaries and where there is no part of any residential building or structure on any property to the east of the violating Page 12 of 216 3 property unless the building or structure to the east is owned by the violator. Any noise received by a property that is outside of this area shall subject the violator to the enforcement provisions of this article. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, 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. 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 ten days following adoption. PASSED AND ADOPTED this _____ day of _________________, 2016. ________________________________ PHILIP LEVINE, MAYOR ATTEST: __________________________________ RAFAEL E. GRANADO, CITY CLERK Strikethrough denotes deletions (Sponsored by Mayor Philip Levine) Page 13 of 216 Resolutions - R7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 5:01 p.m. Public Hearing SUBJECT:A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR FI SCAL YEAR 2015/16. RECOMMENDATION Adopt the Resolution. ANALY SIS Planning f or capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan (“CIP”) serves as the primary planning tool f or systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department’s ongoing and proposed capital projects. Individual departments prepare submittals identif ying potential funding sources and requesting commitment of f unds f or their respective projects. The CI P is updated annually and submitted to the City Commission for adoption. The 2015/16 – 2019/20 Capital Improvement Plan and FY 2015/16 Capital Budget was adopted on September 30, 2015 by resolution 2015-29144. The First Amendment to the FY 2015/16 Capital Budget was approved on December 9, 2015 by resolution 2015-29220. The Second Amendment to the FY 2015/16 Capital Budget was approved on January 13, 2016 by resolution 2016-29262. The Third Amendment to the FY 2015/16 Capital Budget was approved on February 10, 2016 by resolution 2016-29292. The Fourth Amendment to the FY 2015/16 Capital Budget was approved on April 13, 2016 by resolution 2016-29361. The Fifth Amendment to the FY 2015/16 Capital Budget was approved on May 11, 2016 by Page 14 of 216 resolution 2016-29399. The Sixth Amendment to the FY 2015/16 Capital Budget was approved on June 8, 2016 by resolution 2016-29436. Section 166.241(4)(c.), Florida Statutes, requires that a municipality’s budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution f or the Sixth Amendment to the FY 2015/16 Capital Budget. SEVENTH AMENDMENT TO THE FY 2015/16 CAPITAL BUDGET The Seventh Amendment to the FY 2015/16 Capital Budget totals an increase of $5,027,196 in new appropriations and re-aligning of $203,180, in order to provide additional f unding to the following capital projects. 1. Española Way Conversion: This amendment appropriates f unds needed for the Española Way Conversion between Washington Avenue & Drexel Avenue. The conversion of Española Way into a Pedestrian Mall, includes the replacement of the watermain, drainage, landscaping and irrigation, street lighting, and hardscape. Funding is available for this project under the South Beach Quality of Lif e Fund – 305. Prior Years’ Appropriations $264,000 July 20, 2016 Budget Amendment $1,881,190 Proposed Total Appropriations $2,145,190 2. West Avenue/Bay Road Neighborhood: This amendment is pursuant to Reso #2016-29453 approved at the June 8, 2016 Commission meeting approving and authorizing the Mayor and City Commission to execute Amendment No. 8 to the Design-Build Services Agreement between the City of Miami Beach, Florida, and Bergeron Land Development, Inc., related to the completion of roadway improvements along W est Avenue, between 6th and 8th Streets, and 10th, 14th, and 17th Streets, West of Alton Road; said Amendment in the amount of $2,688,006 will be funded as follows: $806,402 from Stormwater Line of Credit Fund- 429 $1,881,604 from available fund balance in Neighborhood GO Bond Fund- 384 Prior Years’ Appropriations $23,179,642 July 20, 2016 Budget Amendment $2,688,006 Proposed Total Appropriations $25,867,648 3. City Wide T idal Flooding Mitigation: This amendment is pursuant to Reso #2015-29239 approved at the December 9, 2015 Commission meeting approving and authorizing the Mayor and City Commission to execute Change Order No. 4 with Southern Underground Industries, Inc. for the implementation of the City’s “Tidal Flooding Mitigation Project”. This amendment provides the additional funding needed f or this project in the amount of $458,000 f rom the Stormwater 2015Bond Series – Fund 432. Page 15 of 216 Prior Years’ Appropriations $2,544,588 July 20, 2016 Budget Amendment $458,000 Proposed Total Appropriations $3,002,588 4. 63rd Street Water M ain: This amendment is pursuant to Commission item on the July 13, 2016 Commission meeting agenda authorizing the Mayor and City Commission to execute a Change Order with David Mancini and Sons, Inc. for the 63rd Street Water Main Replacement project. This amendment provides the additional f unding needed f or this project in the amount of $61,180 through a transf er of available f unds f rom the I nfiltration & Inf low Program project in Water & Sewer Fund- 424. Prior Years’ Appropriations $1,779,531 July 20, 2016 Budget Amendment $61,180 Proposed Total Appropriations $1,840,711 5. Cherokee Avenue Seawall: This amendment adds a new project to the Capital I mprovements Plan for the Cherokee Avenue South End Seawall. Funding for this project is available through a transfer of available funds from the Flamingo Drive Seawall project in Neighborhoods GO Bond Fund-384. Prior Years’ Appropriations $0 July 20, 2016 Budget Amendment $142,000 Proposed Total Appropriations $142,000 KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over T he Long Term FINANCIAL INFORMATION The Seventh Amendment to the FY 2015/16 Capital Budget totals an increase of $5,027,196 in new appropriations and re-aligning of $203,180, in order to provide additional funding to aforementioned capital projects. Amount 1 $1,881,190 Account 1 305-2858 Amount 2 $806,402 Account 2 429-2336 Amount 3 $1,881,604 Account 3 384-2336 Amount 4 $458,000 Account 4 432-2454 Total $5,027,196 Legislative Tracking Budget & Perf ormance Improvement Page 16 of 216 ATTACHMENTS: Description Resolution Page 17 of 216 RESOLUTION NO. ____________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2015/16. WHEREAS, the final Capital Improvement Plan for FY 2015/16 – 2019/20 and the final Capital Budget for FY 2015/16 was adopted via Resolution 2015-29144 on September 30, 2015; and WHEREAS, the first amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on December 9, 2015 via Resolution No. 2015-29144; and WHEREAS, the second amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on January 13, 2016 via Resolution No. 2016-29262; and WHEREAS, the third amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on February 10, 2016 via Resolution No. 2016-29292; and WHEREAS, the fourth amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on April 13, 2016 via Resolution No. 2016-29361; and WHEREAS, the fifth amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on May 11, 2016 via Resolution No. 2016-29399; and WHEREAS, the sixth amendment to the Miami Beach Capital Budget for FY 2015/16 was adopted on June 8, 2016 via Resolution No. 2016-29436; and WHEREAS, Section 166.241(4)(c.), Florida Statutes, requires that a municipality’s budget amendment must be adopted in the same manner as the original budget; and WHEREAS, the proposed amendment to the FY 2015/16 Capital Budget is included in “Attachment A – Source of Funds” and “Attachment B – Programs”; and WHEREAS, the City Administration recommends that FY 2015/16 Capital Budget be amended to add appropriations totaling $5,027,196 and re-align $203,180, as highlighted in “Attachment C – Projects”; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby adopt the Page 18 of 216 Seventh Amendment to the Capital Budget for Fiscal Year 2015/16 as set forth in Attachment A (Source of Funds), Attachment B (Programs), and Attachment C (Projects). PASSED AND ADOPTED this 20th day of July, 2016. ATTEST: ___________________________________ Philip Levine, Mayor _________________________________ Raphael E. Granado, City Clerk Page 19 of 216 ATTACHMENT A FY 2015/16 CAPITAL BUDGET SOURCE OF FUNDS Amended 7/20/16 Funding Source Amended Capital Budget Amended 7/20/16 Revised Transportation Fund 3,300,000 3,300,000 Renewal & Replacement Fund 4,720,375 4,720,375 Art in Public Places 352,000 352,000 Parking Impact Fees 8,927,000 8,927,000 Concurrency Mitigation 5,377,934 5,377,934 Non TIF RDA (12,312,000) (12,312,000) Local Option Gas Tax 995,000 995,000 Half Cent Transit Surtax - County 401,066 401,066 Capital Projects Financed by Other 650,000 650,000 Pay-As-You-Go 1,667,644 1,667,644 SB Quality of Life Resort Tax Fund - 1% 2,678,000 1,881,190 4,559,190 MB Quality of Life Resort Tax Fund - 1% 1,235,000 1,235,000 NB Quality of Life Resort Tax Fund - 1% 3,108,080 3,108,080 Parks & Recreation Beautification Funds 1,714,383 1,714,383 RCP - 1996 15M GO Bond 104,175 104,175 2003 GO Bonds - Fire Safety 43,610 43,610 2003 GO Bonds - Parks & Beaches 278,026 278,026 2003 GO Bonds - Neighborhood Improvement 300,000 1,881,604 2,181,604 MDC CDT Interlocal-CDT/Resort Tax Eligib (240,000) (240,000) South Pointe Capital 12,677,300 12,677,300 Future Water & Sewer / Line of Credit 14,819,795 14,819,795 Water & Sewer Impact Fees 97,000 97,000 Water and Sewer Bonds 200S 75,000 75,000 Future Stormwater / Line of Credit 10,473,296 806,402 11,279,698 Stormwater Bonds 60,266,296 458,000 60,724,296 Convention Center 2,500,000 2,500,000 RDA Anchor Shops Fund 46,000 46,000 Parking Operations Fund 4,255,416 4,255,416 Equipment Loan/Lease 5,110,000 5,110,000 Building Tech Capital Project 356,550 356,550 Capital Reserve 1,168,060 1,168,060 Miami-Dade County Bond 42,400,000 42,400,000 Proposed Parking Bonds 64,800,000 64,800,000 Proposed Future RDA Bonds 310,050,000 310,050,000 Proposed Future Resort Tax 1 Bonds 204,500,000 204,500,000 Proposed Future Water & Sewer Bonds 50,000,000 50,000,000 Total Appropriation as of 7/20/16 806,895,006$ 5,027,196$ 811,922,202$ Page 20 of 216 ATTACHMENT B FY 2015/16 CAPITAL BUDGET PROGRAMS Amended 7/20/16 Program Area Amended Capital Budget Amended 7/20/16 Revised Art in Public Places 352,000$ 352,000$ Bridges 3,030,000$ 3,030,000$ Community Centers 50,000$ 50,000$ Convention Center 511,388,000$ 511,388,000$ Environmental 110,000$ 458,000 568,000$ Equipment 5,479,000$ 5,479,000$ General Public Buildings 5,698,000$ 5,698,000$ Golf Courses -$ -$ Information Technology 206,550$ 206,550$ Lighting 1,677,000$ 1,677,000$ Monuments 350,000$ 350,000$ Parking -$ -$ Parking Garages 67,067,000$ 67,067,000$ Parking Lots 5,365,416$ 5,365,416$ Parks 7,576,414$ 7,576,414$ Renewal & Replacement 1,422,795$ 1,422,795$ Seawalls 10,026,894$ 10,026,894$ Streets/ Sidewalk Imps 34,768,507$ 4,569,196 39,337,703$ Transit/ Transportation 14,933,000$ 14,933,000$ Utilities 135,619,240$ 135,619,240$ Total Appropriation as of 7/20/16 805,119,816$ 5,027,196$ 810,147,012$ Page 21 of 216 ATTACHMENT C CAPITAL BUDGET PROJECTS Amended 7/20/16 Española Way conversion to Pedestrian Mall Project $ 264,000 1,881,190 $ 2,145,190 West Avenue/Bay Road Neighborhood $ 23,179,642 2,688,006 $ 25,867,648 City Wide Tidal Flooding Mitigation $ 2,544,588 458,000 $ 3,002,588 63rd Street Water Main $ 1,779,531 61,180 $ 1,840,711 Infiltration & Inflow Program Phase 1 $ 6,478,009 (61,180) $ 6,416,829 Cherkee Avenue Seawall $ - 140,000 $ 140,000 Flamingo Drive Seawall $ 322,487 (140,000) $ 182,487 Total Appropriation as of 7/20/16 34,568,257$ 5,027,196$ 39,595,453$ Amended 7/20/16 Revised Capital Budget Amended Capital BudgetCapital Project Name Page 22 of 216 Resolutions - R7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER AND AUTHORIZING THE CI TY MANAGER TO APPROVE AND EXECUTE A WORK ORDER WITH METRO EXPRESS, I NC. (CONTRACTOR), IN THE AMOUNT OF $1,691,134.67; PLUS TEN PERCENT OWNER’S CONTINGENCY IN THE AMOUNT OF $169,113.47 FOR A TOTAL OF $1,860,248.14, FOR THE CONSTRUCTI ON OF THE ESPANOLA WAY CONVERSI ON OF THE STREET TO A PERMANENT PEDESTRI AN MALL PROJECT UTI LIZING THE COMPETI TI VELY BID NATIONAL JOI NT POWERS ALLI ANCE (NJPA) COOPERATI VE CONTRACT; PARTI ALLY UTI LIZING PREVI OUSLY APPROPRI ATED FUNDS, AND SEEKING FUTURE FUNDI NG AS PROPOSED UNDER THE 7TH AMENDMENT TO THE FY 15/16 CAPITAL BUDGET. RECOMMENDATION The Administration recommends approval of the re solution. ANALY SIS Española Way was created in 1925 as an artist’s colony envisioned by Newton B.T. Roney, to duplicate a miniature Spanish Village. I n March of 1986, the City of Miami Beach designated the entire length of Española Way, from Collins Avenue to Jefferson Avenue, as its first Historic Preservation District. On July 23, 2014, the Mayor and City Commission adopted Resolution No. 2014-28664 approving and authorizing the permanent closure of the 400 Block of Española Way between Washington Avenue and Drexel Avenue to vehicular traf f ic. Af ter closure of the 400 Block, City Administration decided to improve the area and convert it to a pedestrian mall feature. The proposed conversion will eliminate the existing sidewalks and curbs and will convert the existing asphalt street to a paver walkway from wall to wall of buildings on the property, providing ADA accessibility throughout. The project will also include the replacement of an existing watermain and water service lines, lining of the existing sanitary sewer system, replacement of the drainage system, connection of all existing roof drains to the drainage system, replacement of the existing lighting, modification of the traffic signal at Page 23 of 216 Washington Avenue and landscape and irrigation enhancements. These improvements will provide a safer and more dynamic pedestrian boulevard f or residents and visitors. On February 29, 2016, the City retained WADE TRI M, I nc. (Consultant), to provide design services, permitting and cost estimating and on April 12, 2016, the Historic Preservation Board (HPB) approved a Certif icate of Appropriateness f or Española Way. During the design phase, it was identif ied that in order to preserve the historic intent of a miniature Spanish village, the scope required implementation of special hardscape materials, not contemplated in the original scope (granite paver stones, etc.). I n addition, the use of root barriers and Silva Cells are being required by the HPB. The Silva Cell is an engineered rooting system that encourages proper root growth within paved areas. These additions were not considered in the original construction cost estimate. On May 5, 2016 the consultant submitted its 100% submittal cost estimate in the amount of $1,398,544. However, the estimate does not take into account the accelerated schedule and complex logistics of the construction sequencing that will reduce the impact to the businesses. In the interest of time and to minimize high impact to the businesses along the project, construction must occur during the off-peak season, Summer/Fall. The City has elected to expedite this project and utilize the Indefinite Quantity Contract (IQC) process. The IQC process, which is used extensively by local, state and federal governmental agencies throughout the United States, expedites the delivery of construction projects. The City, as a governmental agency member, is authorized to utilize the I QC contract for construction services competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group, the Managers of I QC. Through the NJPA process, Metro Express, I nc. was identified as the contractor that has the qualif ications and experience in perf orming the identified scope. On April 25, 2016, the City and the Gordian Group met with the contractor to review the scope of the project. On May 25, 2016, after negotiations, the Contractor submitted a revised bid proposal, utilizing the NJPA cooperative contract system (Exhibit A) in the amount of $1,691,134.67. The I QC 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 from the City Commission in order to move f orward and complete the project. The total contract amount to be approved is $1,691,134.67, plus 10 percent owner’s contingency in the amount of $169,113.47, for a total of $1,860,248.14. The cost proposal was reviewed and analyzed by the consultant, CI P and the Gordian Group and was f ound to be f air and reasonable considering the accelerated schedule and complex logistics of construction. On July 6, 2016, the Finance and Citywide Projects Committee unanimously voted in f avor to advance, to this fiscal year, the f unding needed to complete this project and requested to submit a capital budget amendment on July 20, 2016 Commission Meeting f or approval. CONCLUSION The Administration recommends approval of the re solution. Page 24 of 216 KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability Amount 1 $1,593,511.67 Account 1 305-2858-069357 Quality of Life (Construction) Subject to 7th Budget Amendment Amount 2 $169,113.47 Account 2 305-2858-069357 Quality of Life (Contingency) Subject to 7th Budget Amendment Amount 3 $97,623.00 Account 3 187-2809-069357 Half Cent Transit Surtax – County Total $1,860,248.14 Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description Espanola Way Resolution Espanola Way Exhibit A Metro Proposal Page 25 of 216 RESOLUTION NO. __________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A WORK ORDER WITH METRO EXPRESS INC. (CONTRACTOR), IN THE NOT TO EXCEED AMOUNT OF $1,691,134.67; PLUS TEN PERCENT OWNER’S CONTINGENCY IN THE AMOUNT OF $169,113.47 FOR A TOTAL OF $1,860,248.14 FOR THE CONSTRUCTION OF THE ESPAÑOLA WAY CONVERSION OF THE STREET TO A PERMENATE PEDESTRIAN MALL PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT PARTIALLY UTILIZING PREVIOUSLY APPROPRIATED FUNDS AND FUTURE FUNDING AS PROSPED UNDER THE 7TH AMENDMENT TO THE FY 15/16 CAPITAL BUDGET WHEREAS, Española Way was created in 1925 as an artist’s colony envisioned by Newton B.T. Roney, to duplicate a miniature Spanish Village; and WHEREAS, in March of 1986, the City of Miami Beach designated the entire length of Española Way, from Collins Avenue to Jefferson Avenue, as its first Historic Preservation District; and WHEREAS, on July 23, 2014, the Mayor and City Commission adopted Resolution No. 2014-28664, approving and authorizing the permanent closure of the 400 Block of Española Way between Washington Avenue and Drexel Avenue to vehicular traffic; and WHEREAS, after closure of the 400 Block, City Administration decided to improve the area and convert the street into a pedestrian mall feature; and WHEREAS, the proposed conversion will eliminate the existing sidewalks and curbs; will convert the existing asphalt street to a paver walkway; will provide ADA accessibility; will include the replacement of an existing watermain and water service lines; will include the existing sanitary sewer system; will replace the drainage system; will connect all existing roof drains to the drainage system; will replace existing lighting; will modify the traffic signal at Washington Avenue, and will include landscape and irrigation enhancements; and WHEREAS, these improvements will provide a safer and more dynamic pedestrian boulevard for residents and visitors; and WHEREAS, on February 29, 2016, the City Commission retained Wade Trim, Inc. (Consultant), to provide design services, permitting and cost estimating; and WHEREAS, on April 12, 2016, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness for the proposed improvements to Española Way; and WHEREAS, during the design phase, staff identified that in order to preserve the Historic intent of a miniature Spanish Village, the scope required to implement the use of of special hardscape materials, not contemplated in the original scope and in addition, the use of root barriers and Silva Cells are being required by the HPB; and WHEREAS, on May 5, 2016, the consultant submitted its 100% submittal cost estimate in the amount of $1,398,544, however, the estimate does not take into account the accelerated schedule and complex logistics of the construction sequencing that will reduce the impact to the businesses; and Page 26 of 216 WHEREAS, in the interest of time and to minimize high impact to the businesses along the project, construction must occur during the off-peak season, between July and December; and WHEREAS, the City has elected to expedite this project and utilize the Indefinite Quantity Contract (IQC) process, which is used extensively by local, state and federal governmental agencies throughout the United States, expedites the delivery of construction projects; and WHEREAS, 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, the Managers of IQC; and WHEREAS, through the NJPA process, Metro Express, Inc. was identified as the contractor, hereinafter “Contractor”, that has the qualifications and experience in performing the identified scope; and WHEREAS, on April 25, 2016, the City and the Gordian Group met with the Contractor to review the scope of the project; and WHEREAS, on May 25, 2016, after negotiations, the Contractor submitted a revised bid proposal, utilizing the NJPA cooperative contract system in the amount of $1,691,134.67; and WHEREAS, the total contract amount to be approved is $1,691,134.67, plus a 10 percent owner’s contingency in the amount of $169,113.47, for a total of $1,860,248.14; and WHEREAS, the cost proposal was reviewed and analyzed by the consultant, CIP and the Gordian Group and was found to be fair and reasonable considering the accelerated schedule and complex logistics of construction; and WHEREAS, on July 6, 2016, the Finance and Citywide Projects Committee unanimously voted in favor to advance, to this fiscal year, the funding needed to complete this project and requested to submit a capital budget amendment on July 20, 2016 Commission Meeting for approval, which would be the 7th Amendment to the FY 15/16 Capital Budget; and WHEREAS, the City Manager recommends the execution of a work order with Metro Express, Inc. as Contractor for the pedestrian mall improvements for Espanola Way. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA authorizing the City Manager to approve and execute a work order with Metro Express Inc., in the not to exceed amount of $1,691,134.67 for the construction of the Española Way Conversion to Pedestrian Mall Project utilizing the competitively bid National Joint Powers Alliance (NJPA) cooperative contract plus ten percent owner’s contingency in the amount of $169,113.47 for a total of $1,860,248.14 partially utilizing previously appropriated funds and funding subject to the 7th Amendment to the FY 15/16 Capital Budget PASSED and ADOPTED this _____day of _______________, 2016. _____________________________ PHILIP LEVINE, MAYOR ATTEST: _________________________________ RAFAEL E. GRANADO, CITY CLERK Page 27 of 216 Page 28 of 216 Page 29 of 216 4.00 Contractor's Price Proposal - Summary Owner PO #: Espanola Way Pedestrian Mall 039951.00 FL-MDCAU06-052014-MEIIQC Master Contract #: Work Order #: Title: Re: June 01, 2016Date: Proposal Value: Contractor: Metro Express Inc. $1,691,134.67 $14,236.84Bollards $35,594.12Bond $178,125.43Concrete $33,862.40Demo $307,463.28Drainage $72,840.88Electrical $91,473.47General $43,897.52Irrigation $116,582.37Landscaping $7,109.62Markings $412,669.14Pavers $10,750.00Permit $245,935.25Silva Cell $120,594.35Water Main Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $1,691,134.67 The Percentage of NPP on this Proposal:35.53% Page 1 of 1 6/1/2016 Contractor's Price Proposal - Summary Page 30 of 216 5.00 Contractor's Price Proposal - Detail Espanola Way Pedestrian Mall 039951.00 FL-MDCAU06-052014-MEIIQC Master Contract #: Work Order #: Owner PO #: Title: Re: June 01, 2016Date: Proposal Value: Contractor: Metro Express Inc. $1,691,134.67 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Bollards 01 22 20 00 0015 LaborerTasks in the CTC include appropriate costs to cover labor. These tasks will be requested specifically by the owner for miscellaneous work not covered in the CTC. 1 $452.81HR Installation =x x 452.81 FactorUnit PriceQuantity Total 25.89 1.0931 16.00 This is for 2 laborers to install all 4 bollards beginning to end 08 71 16 00 2282 2-5/8" Shrouded Iron Padlock (Master Lock 6527WO)2 $135.89EA Installation =x x 135.89 FactorUnit PriceQuantity Total 31.08 1.0931 4.00 Lock for Bollards 32 00 00 00 0005 Salem Cast Aluminum Bollard with special reciever3 $13,648.14ea Installation =x x 13,648.14 FactorUnit PriceQuantity TotalNPP 11,272.00 1.2108 1.00 Iron Smith Cast Aluminum Bollards $14,236.84Subtotal for Bollards Bond 01 22 16 00 0002 Reimbursable FeesReimbursable fees will be paid to the contractor for the actual cost, without mark-up, for which a receipt or bill is received. The Adjustment Factor applied to Reimbursable Fees will be 1.0750. 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.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, each one shall be listed separately with a comment in the "note" block to identify the Reimbursable Fees (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be included with the Proposal. 4 $35,594.12EA Installation =x x 35,594.12 FactorUnit PriceQuantity Total 1.00 1.0750 33,110.81 Bond 2% of total amount $35,594.12Subtotal for Bond Concrete 01 74 19 00 0032 Excavated Dirt Landfill Dump Fee5 $11,523.00CY Installation =x x 11,523.00 FactorUnit PriceQuantity Total 13.21 1.0931 798.00 01 74 19 00 0036 Hauling On Paved Roads, First 15 Miles6 $6,542.20CYM Installation =x x 6,542.20 FactorUnit PriceQuantity Total 0.50 1.0931 11,970.00 798X15=11970cym Page 1 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 31 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Concrete 03 05 00 00 0024 "Miami Beach Red", Integral Concrete AdmixtureFor use in sidewalks, curb and gutters and valley gutters. (Integral for all modifiers) 7 $2,386.83CY Installation =x x 2,386.83 FactorUnit PriceQuantity Total 50.78 1.0931 43.00 This is being used for the charcoal grey additive for the bands on this project and concrete at entrance ways 03 15 16 00 0057 1/2" x 6" Sponge Rubber, Premolded Expansion Joint8 $2,542.11LF Installation =x x 2,542.11 FactorUnit PriceQuantity Total 3.23 1.0931 720.00 Along property line of building on both sides and in area for crosswalk bands 03 21 11 00 0038 1" Diameter x 24" Long, Deformed Straight Dowel9 $578.36EA Installation =x x 578.36 FactorUnit PriceQuantity Total 4.07 1.0931 130.00 65 dowels per plans to be imbedded in the bands along property into concrete slab that will go in the walkways for pavers 04 05 19 26 0005 Vertical #5 And #6 Rebar Reinforcing10 $513.76LB Installation =x x 513.76 FactorUnit PriceQuantity Total 1.00 1.0931 470.00 This is for bands and valley at beginning of project 06 74 13 00 0056 1-1/2" Molded Fiberglass Grate, 1-1/2" Square Mesh, ELS Extremity Low Smoke Resin, Applied Grit Top 11 $26,930.14SF Installation =x x 26,930.14 FactorUnit PriceQuantity Total 46.66 1.0931 528.00 Tree pit Add A Pave Resin. 22 pits at 24sf per pit = 528sf 26 05 29 00 0262 1/2" Diameter, 2" Length, Zinc Plated Steel, Hex Lag Bolt With Lag Shield Expansion Anchor 12 $477.60EA Installation =x x 477.60 FactorUnit PriceQuantity Total 3.31 1.0931 132.00 Plans call for 3anchors per side per pit. 22 pits X 3 pr side = 6 per pit = 132 anchors 26 05 29 00 0262 0109 For >100 To 250, Deduct13 -$54.83MOD Installation =x x -54.83 FactorUnit PriceQuantity Total -0.38 1.0931 132.00 31 23 16 13 0005 Over 12" Wide, Excavation for Trenching by Machine in Loose Rock14 $4,652.96CY Installation =x x 4,652.96 FactorUnit PriceQuantity Total 6.43 1.0931 662.00 This is for excavation of all areas that require new bands and concrete slabs for pavers 31 23 16 13 0005 0057 For >500 To 1,000, Deduct15 -$694.69MOD Installation =x x -694.69 FactorUnit PriceQuantity Total -0.96 1.0931 662.00 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 16 $2,684.68CY Installation =x x 2,684.68 FactorUnit PriceQuantity Total 3.71 1.0931 662.00 This is for compaction of all areas in roadway and walkway for new lime rock installation for concrete sidewalk and property band 31 24 13 00 0015 Spread And Shape Imported Or Stockpiled Material For Roadways, Parking Areas, Landscaping and Embankments 17 $2,402.46CY Installation =x x 2,402.46 FactorUnit PriceQuantity Total 3.32 1.0931 662.00 This is for all limerock installed for new concrete slabs and bands Page 2 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 32 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Concrete 31 24 13 00 0020 Finish Grade For Curb And Gutter18 $93.35LF Installation =x x 93.35 FactorUnit PriceQuantity Total 0.61 1.0931 140.00 This is for finih grade all curb and bands 31 32 19 13 0005 12.6 Oz/SY, 7,315 LB/FT Wide Width Tensile Ultimate Bi-Directional Woven Polyester Geogrid Fabric (Carthage Mills GX-800) 19 $612.18SY Installation =x x 612.18 FactorUnit PriceQuantity Total 3.59 1.0931 156.00 Tis is for filter fabric for root barrier along the property lines on both sides of the road 32 11 16 00 0013 6" Thick FDOT Limerock20 $23,325.51SY Installation =x x 23,325.51 FactorUnit PriceQuantity Total 21.73 1.0931 982.00 This is for limerock under walkway concrete slab and concrete bands along property line on both sides of the property. 13'X 325=4225sfX2=8450sf 15'X13'=195'X2=390 total 982sy 32 11 16 00 0013 0012 For >500 To 1,000, Add21 $2,329.33MOD Installation =x x 2,329.33 FactorUnit PriceQuantity Total 2.17 1.0931 982.00 32 11 16 00 0017 12" Thick FDOT Limerock22 $21,884.18SY Installation =x x 21,884.18 FactorUnit PriceQuantity Total 42.87 1.0931 467.00 This is for limerock under the roadway concrete slab and under the bands 32 11 16 00 0017 0011 For Up To 500, Add23 $4,849.54MOD Installation =x x 4,849.54 FactorUnit PriceQuantity Total 9.50 1.0931 467.00 32 12 16 13 0036 Leveling Course, S-I And S-III24 $2,665.42TON Installation =x x 2,665.42 FactorUnit PriceQuantity Total 121.92 1.0931 20.00 This is for ramps as needed per field walk throughs for entry way access as needed 32 16 13 13 0002 6" X 12" Cast In Place Concrete Curb25 $4,972.84LF Installation =x x 4,972.84 FactorUnit PriceQuantity Total 6.79 1.0931 670.00 This is for Trench grates along both sides of the road. 335'X2=670lf 32 16 13 13 0002 0077 For >500 To 1,000, Deduct26 -$637.17MOD Installation =x x -637.17 FactorUnit PriceQuantity Total -0.87 1.0931 670.00 32 16 13 13 0013 12" X 24" Cast In Place Concrete Curb - Radius27 $926.46LF Installation =x x 926.46 FactorUnit PriceQuantity Total 15.41 1.0931 55.00 This is for bands at the end of project by Drexel and beginning by Washington Avenue 32 16 13 13 0013 0076 For >50 To 100, Add28 $102.20MOD Installation =x x 102.20 FactorUnit PriceQuantity Total 1.70 1.0931 55.00 Page 3 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 33 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Concrete 32 16 13 19 0027 City Of Miami Beach Replacement, Reinforced Straight, 7-1/2" x 24" Wide Valley Gutter 29 $1,185.79LF Installation =x x 1,185.79 FactorUnit PriceQuantity Total 18.08 1.0931 60.00 Drop Curb at entry way on Washington Avenue 32 16 23 00 0002 4" Cast In Place Concrete Sidewalk30 $27,528.19SF Installation =x x 27,528.19 FactorUnit PriceQuantity Total 3.34 1.0931 7,540.00 Sidewalk at NW and SW corners as well as sidewalk slab under areas for pavers. 15'X13'=195sfX2=390sf 11'X325'=3,575sfX2=7150sf Total 7540 32 16 23 00 0002 0095 For >5,000, Deduct31 -$3,956.15MOD Installation =x x -3,956.15 FactorUnit PriceQuantity Total -0.48 1.0931 7,540.00 32 16 23 00 0002 0096 For Welded Wire Reinforcement, Add32 $2,501.01MOD Installation =x x 2,501.01 FactorUnit PriceQuantity Total 0.32 1.0931 7,150.00 32 16 23 00 0004 6" Cast In Place Concrete Sidewalk33 $23,144.86SF Installation =x x 23,144.86 FactorUnit PriceQuantity Total 3.98 1.0931 5,320.00 This is for sidewalk slab in the crosswalk and roadway 12'X325'=4020sf 2'X325'=650sfX2=1,300sf Total 5320sf 32 16 23 00 0004 0094 For >1,000 To 5,000, Deduct34 -$1,337.52MOD Installation =x x -1,337.52 FactorUnit PriceQuantity Total -0.23 1.0931 5,320.00 32 16 23 00 0004 0096 For Welded Wire Reinforcement, Add35 $1,428.46MOD Installation =x x 1,428.46 FactorUnit PriceQuantity Total 0.33 1.0931 3,960.00 32 16 23 00 0009 Finish Concrete Handicap Drop Section In SidewalkExcludes patterned (tactile) finish. 36 $98.64EA Installation =x x 98.64 FactorUnit PriceQuantity Total 45.12 1.0931 2.00 32 17 26 00 0003 Cast In Place VPC Truncated Dome Detectable Warning SurfaceAlso raised strips or directional bars. All colors. 37 $5,923.73SF Installation =x x 5,923.73 FactorUnit PriceQuantity Total 33.87 1.0931 160.00 $178,125.43Subtotal for Concrete Demo 01 74 19 00 0016 30 CY Dumpster (4 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 38 $674.42EA Installation =x x 674.42 FactorUnit PriceQuantity Total 616.98 1.0931 1.00 01 74 19 00 0033 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee39 $7,032.02CY Installation =x x 7,032.02 FactorUnit PriceQuantity Total 27.97 1.0931 230.00 This is for Asphalt, concrete, curb & gutter and pavers. Page 4 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 34 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Demo 01 74 19 00 0036 Hauling On Paved Roads, First 15 Miles40 $1,885.60CYM Installation =x x 1,885.60 FactorUnit PriceQuantity Total 0.50 1.0931 3,450.00 230cyX15=3450 02 41 13 13 0019 Up To 3" By Machine, Break-up And Remove Bituminous Paving41 $3,907.92SY Installation =x x 3,907.92 FactorUnit PriceQuantity Total 6.43 1.0931 556.00 Aphalt 5008sf / 9=556sy 02 41 13 13 0019 0013 For >500 To 1,000, Deduct42 -$388.97MOD Installation =x x -388.97 FactorUnit PriceQuantity Total -0.64 1.0931 556.00 02 41 13 13 0026 >3" To 6" By Machine, Break-up And Remove Non Reinforced Concrete Paving 43 $9,925.49SY Installation =x x 9,925.49 FactorUnit PriceQuantity Total 9.67 1.0931 939.00 Concrete Sidewalk 13'X325'=4225fX2=8450/9=939 02 41 13 13 0026 0013 For >500 To 1,000, Deduct44 -$995.63MOD Installation =x x -995.63 FactorUnit PriceQuantity Total -0.97 1.0931 939.00 02 41 13 13 0054 Break-Up And Remove Up to 3' Wide Concrete Gutter By Machine45 $2,708.77LF Installation =x x 2,708.77 FactorUnit PriceQuantity Total 3.51 1.0931 706.00 Gutter and Bands 02 41 13 13 0054 0058 For >500 To 1,000, Deduct46 -$409.02MOD Installation =x x -409.02 FactorUnit PriceQuantity Total -0.53 1.0931 706.00 02 41 19 13 0048 Saw Cut Welded Wire Reinforced Concrete Slab Up To 4" Depth47 $2,308.99LF Installation =x x 2,308.99 FactorUnit PriceQuantity Total 1.73 1.0931 1,221.00 Concrete sidewalk along property lines 02 41 19 13 0048 0031 For >250, Deduct48 -$200.20MOD Installation =x x -200.20 FactorUnit PriceQuantity Total -0.15 1.0931 1,221.00 10 14 53 00 0259 >10 To 20 SF Sign Area, Sign Removal49 $1,650.27EA Installation =x x 1,650.27 FactorUnit PriceQuantity Total 125.81 1.0931 12.00 Signage 32 14 16 00 0003 4" x 8" x 2-1/4" Brick, Laid On Edge50 $3,200.60SF Installation =x x 0.00 FactorUnit PriceQuantity Total 9.96 1.0931 0.00 Demolition x x = 3,200.60 1.22 1.0931 2,400.00 Paver Removal 30'X40'=1200sfX2=2400sf 32 16 13 13 0002 6" X 12" Cast In Place Concrete Curb51 $2,562.14LF Installation =x x 0.00 FactorUnit PriceQuantity Total 6.79 1.0931 0.00 Demolition x x = 2,562.14 3.32 1.0931 706.00 D Curb Page 5 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 35 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall $33,862.40Subtotal for Demo Drainage 01 22 23 00 0230 1" x 8' x 12' Steel Plate52 $406.50WK Installation =x x 406.50 FactorUnit PriceQuantity Total 61.98 1.0931 6.00 3 per week for 2 weeks 01 22 23 00 0236 Remove And Reset Trench Plate53 $191.75EA Installation =x x 191.75 FactorUnit PriceQuantity Total 12.53 1.0931 14.00 01 22 23 00 0479 6' x 16' Trench Box With Up To 48" Spreaders54 $2,576.55WK Installation =x x 2,576.55 FactorUnit PriceQuantity Total 392.85 1.0931 6.00 3 per week 01 22 23 00 1207 5,000 Gallon Vacuum Truck With Full-Time Truck Driver55 $9,070.30WK Installation =x x 9,070.30 FactorUnit PriceQuantity Total 4,148.89 1.0931 2.00 This is for vcuum truck to pull out of open trench and dump in to another open trench to avoid having to pull a dewatering permit and help speed up installation. 2 weeks per Phase due to well boxes 01 74 19 00 0033 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee56 $7,490.63CY Installation =x x 7,490.63 FactorUnit PriceQuantity Total 27.97 1.0931 245.00 Structures 80cy Pipe 165cy 01 74 19 00 0036 Hauling On Paved Roads, First 15 Miles57 $2,008.57CYM Installation =x x 2,008.57 FactorUnit PriceQuantity Total 0.50 1.0931 3,675.00 This is for excavated dirt only. 15cyX245cy=3675cym 02 41 19 13 0318 Core Drill Minimum ChargeFor projects where the total core drilling charge is less than the minimum charge, use task "Minimum Charge For Core Drilling" exclusively. Task "Minimum Charge For Core Drilling" should not be used in conjunction with any other tasks in this section. Does not apply to sections "Drilling In Concrete Per Inch Of Depth" or "Drilling In Brick Or Block Per Inch Of Depth". 58 $1,389.64EA Installation =x x 1,389.64 FactorUnit PriceQuantity Total 317.82 1.0931 4.00 for tie into existing structures 06 11 16 00 0049 2" x 4" Wood Stud Framing, For Partition Walls59 $2,647.15LF Installation =x x 2,647.15 FactorUnit PriceQuantity Total 0.89 1.0931 2,721.00 This is for framing of the plywood frame as needed 22 14 26 19 0015 12" Wide Trench Drain x 15" Outlet Section With 4" Bottom Outlet, Nikaloy Top, Heavy Duty Body Sections, Heavy Duty Loose Set Grate With Perimeter Drainage Slots 60 $198,638.13EA Installation =x x 198,638.13 FactorUnit PriceQuantity Total 826.00 1.0931 220.00 This is for Trench Drain ACO-K300 along with 880Q Wave Ductile Grate. 330' LF per side @ 3' long per section is 110 units per side X2 = 220 Page 6 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 36 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Drainage 23 21 13 23 1482 18" 45 Degree Lateral Reducing Wye, Steel, Grooved61 $11,769.71EA Installation =x x 11,769.71 FactorUnit PriceQuantity Total 2,691.82 1.0931 4.00 23 21 13 23 2425 6" SDR-21 HDPE Pipe62 $435.49LF Installation =x x 435.49 FactorUnit PriceQuantity Total 9.96 1.0931 40.00 23 21 13 23 2427 10" SDR-21 HDPE Pipe63 $1,912.93LF Installation =x x 1,912.93 FactorUnit PriceQuantity Total 17.50 1.0931 100.00 Roof Drain 23 21 13 23 2431 18" SDR-21 HDPE Pipe64 $17,511.46LF Installation =x x 17,511.46 FactorUnit PriceQuantity Total 44.50 1.0931 360.00 23 21 13 23 2451 6" HDPE 45 Degree Elbow65 $243.91EA Installation =x x 243.91 FactorUnit PriceQuantity Total 74.38 1.0931 3.00 Roof Drain 23 21 13 23 2453 10" HDPE 45 Degree Elbow66 $1,467.88EA Installation =x x 1,467.88 FactorUnit PriceQuantity Total 223.81 1.0931 6.00 Roof Drain 23 21 13 23 2526 18" HDPE Flange Adapter And Backup Ring67 $1,342.90EA Installation =x x 1,342.90 FactorUnit PriceQuantity Total 307.13 1.0931 4.00 Roof Drain 31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil68 $2,014.12CY Installation =x x 2,014.12 FactorUnit PriceQuantity Total 3.62 1.0931 509.00 Structures 80cy Pipe 370X5X6=11100/27=411cy roof drains 18cy 31 23 16 13 0003 0057 For >500 To 1,000, Deduct69 -$300.45MOD Installation =x x -300.45 FactorUnit PriceQuantity Total -0.54 1.0931 509.00 31 23 16 13 0005 Over 12" Wide, Excavation for Trenching by Machine in Loose Rock70 $253.03CY Installation =x x 253.03 FactorUnit PriceQuantity Total 6.43 1.0931 36.00 Drainage 31 23 16 13 0005 0055 For >20 To 50, Add71 $126.71MOD Installation =x x 126.71 FactorUnit PriceQuantity Total 3.22 1.0931 36.00 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine 72 $934.73CY Installation =x x 934.73 FactorUnit PriceQuantity Total 1.68 1.0931 509.00 Pipe 416'X7'X6'=416cy Structures 7X7X8=15cyX5=75cy Excavation of all existing roof drains and existing pipe to be removed 219cy Page 7 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 37 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Drainage 31 23 16 13 0010 0062 For >500 To 1,000, Deduct73 -$139.10MOD Installation =x x -139.10 FactorUnit PriceQuantity Total -0.25 1.0931 509.00 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 74 $2,064.20CY Installation =x x 2,064.20 FactorUnit PriceQuantity Total 3.71 1.0931 509.00 Compaction of base for trenched pipe and structures as well as lime rock for restoration 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 75 $145.99CY Installation =x x 145.99 FactorUnit PriceQuantity Total 3.71 1.0931 36.00 Drainage 31 23 16 36 0021 0020 For >20 To 50, Add76 $109.40MOD Installation =x x 109.40 FactorUnit PriceQuantity Total 2.78 1.0931 36.00 32 11 16 00 0014 8" Thick FDOT Limerock77 $4,587.23SY Installation =x x 4,587.23 FactorUnit PriceQuantity Total 16.99 1.0931 247.00 Trench restoration + lime rock around structures 6X370=2220/9=247sy 32 11 16 00 0014 0011 For Up To 500, Add78 $1,085.38MOD Installation =x x 1,085.38 FactorUnit PriceQuantity Total 4.02 1.0931 247.00 33 01 30 51 0073 Vacuum Out 1 To 2 Catch Basins Or ManholesIncludes vacuum pump equipment. 79 $1,893.36EA Installation =x x 1,893.36 FactorUnit PriceQuantity Total 866.05 1.0931 2.00 This is to clean out existing structure that we will be coring into 33 31 00 00 0068 4" x 3" Reducer, ABS-PVC Sewer And Drain80 $122.84EA Installation =x x 122.84 FactorUnit PriceQuantity Total 18.73 1.0931 6.00 Roof Drain 33 31 00 00 0069 6" x 4" Reducer, ABS-PVC Sewer And Drain81 $171.31EA Installation =x x 171.31 FactorUnit PriceQuantity Total 39.18 1.0931 4.00 Roof Drain 33 31 00 00 0071 10" x 4" Reducer, ABS-PVC Sewer And Drain82 $428.34EA Installation =x x 428.34 FactorUnit PriceQuantity Total 65.31 1.0931 6.00 Roof Drain 33 31 00 00 0086 6" Wye, ABS-PVC Sewer And Drain83 $490.41EA Installation =x x 490.41 FactorUnit PriceQuantity Total 56.08 1.0931 8.00 Gravity Sewer 33 31 00 00 0088 10" Wye, ABS-PVC Sewer And Drain84 $615.72EA Installation =x x 615.72 FactorUnit PriceQuantity Total 93.88 1.0931 6.00 Roof Drain Page 8 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 38 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Drainage 33 31 00 00 0121 6" Clean Out Tees With Plug, ABS-PVC Sewer And Drain85 $1,931.38EA Installation =x x 1,931.38 FactorUnit PriceQuantity Total 147.24 1.0931 12.00 Gravity Sewer 33 39 13 00 0108 Seal Gap Between Pipe And Structure With Brick And Grout86 $1,185.01EA Installation =x x 1,185.01 FactorUnit PriceQuantity Total 90.34 1.0931 12.00 33 41 13 00 0373 18" Wye, Smooth Interior, Double Wall, Corrugated HDPE87 $2,435.08EA Installation =x x 2,435.08 FactorUnit PriceQuantity Total 371.28 1.0931 6.00 33 41 13 00 0429 18" Coupling, Corrugated HDPE Pipe88 $211.51EA Installation =x x 211.51 FactorUnit PriceQuantity Total 10.75 1.0931 18.00 33 41 13 00 0442 18" Self Adhering Gasket, Corrugated HDPE Pipe89 $2,846.69EA Installation =x x 2,846.69 FactorUnit PriceQuantity Total 108.51 1.0931 24.00 33 44 13 13 0137 7' Deep, 7'-6" x 7'-6" x 8" Thick Wall, Cast In Place, Catch Basin90 $19,565.94EA Installation =x x 18,324.33 FactorUnit PriceQuantity Total 4,190.91 1.0931 4.00 Demolition x x = 1,241.61 567.93 1.0931 2.00 This is for new structures and to remove 2 existing structures 33 44 13 13 0532 24" x 36" Cast Iron Catch Basin Frame And Cover91 $5,580.95EA Installation =x x 5,437.95 FactorUnit PriceQuantity Total 994.96 1.0931 5.00 Demolition x x = 143.00 65.41 1.0931 2.00 This is for the removal of 2 and installation of 4 new ones per plans $307,463.28Subtotal for Drainage Electrical 01 22 20 00 0015 LaborerTasks in the CTC include appropriate costs to cover labor. These tasks will be requested specifically by the owner for miscellaneous work not covered in the CTC. 92 $452.81HR Installation =x x 452.81 FactorUnit PriceQuantity Total 25.89 1.0931 16.00 This is for two electrical laborers to assist for misc. items needed for stub outs and also to connect all wiring from existing to new panel where it intercepts for the new layout 22 07 19 00 0558 2" PVC Elbow Insulation Jacketing93 $175.25EA Installation =x x 175.25 FactorUnit PriceQuantity Total 5.01 1.0931 32.00 26 00 00 00 0005 5 light fixtures GVD 100 5K94 $30,566.65ea Installation =x x 30,566.65 FactorUnit PriceQuantity TotalNPP 25,245.00 1.2108 1.00 Lighting Package 26 05 19 16 0005 1/4" Nylon Pull Cord Installed To Remain In Place, In Existing Conduit95 $372.75LF Installation =x x 372.75 FactorUnit PriceQuantity Total 0.31 1.0931 1,100.00 This is for all pull cord to be installed during installation and then used as needed for all new wiring. Pull cord will remain in place for conduits that are being used as spares Page 9 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 39 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Electrical 26 05 19 16 0332 #4/0 AWG Cable - Type THHN-THWN, 600 V Aluminum, Single Stranded, Placed In Conduit 96 $11,756.76MLF Installation =x x 11,756.76 FactorUnit PriceQuantity Total 3,072.98 1.0931 3.50 Wire from panel to all poles. 2090X3= 6270+730 for additional pulling into boxes. This now includes from each circuit to the panel not jumpers to each Island. This is per plans 26 05 26 00 0099 5/8" Diameter x 10' Long Copper-Clad Ground Rods97 $497.40EA Installation =x x 497.40 FactorUnit PriceQuantity Total 56.88 1.0931 8.00 26 05 26 00 0180 #4 To #1 AWG Cadweld Connection For Splice, Lug, Ground Rod, Rebar Or Structural SteelIncludes molds, materials and all necessary tools to make connections. 98 $515.33EA Installation =x x 515.33 FactorUnit PriceQuantity Total 58.93 1.0931 8.00 26 05 33 13 1572 2" Schedule 40 PVC Conduit With Glued Couplings99 $2,833.32LF Installation =x x 2,833.32 FactorUnit PriceQuantity Total 3.20 1.0931 810.00 26 05 33 13 1572 0155 For Schedule 80, Add100 $433.85MOD Installation =x x 433.85 FactorUnit PriceQuantity Total 0.49 1.0931 810.00 26 05 83 00 0024 2/0 AWG Compression Lugs, 1 Hole, Wrapped, Low Voltage, To 600 Volts101 $286.50EA Installation =x x 286.50 FactorUnit PriceQuantity Total 26.21 1.0931 10.00 26 09 23 00 0360 Line Voltage, Recessed Mount, Combination On/Off And Dimming Control Photocell (Sensor Switch RMR PC ADC) 102 $138.68EA Installation =x x 138.68 FactorUnit PriceQuantity Total 126.87 1.0931 1.00 Photo Cell 26 24 16 00 0403 2 Pole GFI, 120/240 Volt, 15-50 Amp, Branch Circuit Breaker, 10,000 Amp Interrupting Capacity 103 $144.69EA Installation =x x 144.69 FactorUnit PriceQuantity Total 132.37 1.0931 1.00 GFI Maintenance receptacle 26 27 16 00 0084 24" x 12" x 10" Screw Cover, Galvanized Steel NEMA 1 Enclosure104 $191.45EA Installation =x x 191.45 FactorUnit PriceQuantity Total 175.14 1.0931 1.00 200amp galvanized steel for meter 26 28 16 00 0369 100 Amp, Non-Fused, NEMA 4, 4X Or 5, Heavy Duty Disconnect Switch, 600 Volt, 3 Phase 105 $4,426.13EA Installation =x x 4,426.13 FactorUnit PriceQuantity Total 4,049.15 1.0931 1.00 Panel where all existing and new will be intercepted 26 56 13 00 0072 15' High Steel Area Light Pole, Powder Coat FinishRound or square.106 $2,478.68EA Installation =x x 1,456.72 FactorUnit PriceQuantity Total X 266.53 1.0931 5.00 Demolition x x = 1,021.96X 133.56 1.0931 7.00 This is to install new light fixtures and remove existing Page 10 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 40 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Electrical 26 56 13 00 0184 2' Diameter Concrete Base For PolesIncludes drilling in earth, rebar, bolts, forms for exposed base, bolts and concrete. 107 $7,245.89VLF Installation =x x 7,245.89 FactorUnit PriceQuantity Total 53.03 1.0931 125.00 Concrete bases 2' wide x5' deep x 5 poles 31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand 108 $740.07CY Installation =x x 740.07 FactorUnit PriceQuantity Total 10.92 1.0931 62.00 Backfill open trenches where new conduit was installed. 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera 109 $159.26CY Installation =x x 159.26 FactorUnit PriceQuantity Total 2.35 1.0931 62.00 Compaction of all trenches for conduit 31 23 16 13 0013 0066 For >50 To 250, Add110 $39.99MOD Installation =x x 39.99 FactorUnit PriceQuantity Total 0.59 1.0931 62.00 31 23 16 13 0035 6" Wide, 36" Deep Trench, Medium Soil, Chain Trencher111 $959.58LF Installation =x x 959.58 FactorUnit PriceQuantity Total 0.97 1.0931 905.00 32 31 13 00 0080 2" Outside Diameter Galvanized Steel Post, >24' In Length112 $93.79LF Installation =x x 93.79 FactorUnit PriceQuantity Total 4.29 1.0931 20.00 2 post at 8' each post 32 31 13 00 0080 0158 For Schedule 80, Add113 $38.48MOD Installation =x x 38.48 FactorUnit PriceQuantity Total 1.76 1.0931 20.00 32 91 13 16 0011 Stone/Gravel Mulch114 $317.87CY Installation =x x 317.87 FactorUnit PriceQuantity Total 145.40 1.0931 2.00 Electrical boxes 33 27 00 00 0011 24" (61 cm) Diameter Hole, Augering In Soil115 $812.99VLF Installation =x x 812.99 FactorUnit PriceQuantity Total 5.95 1.0931 125.00 33 71 19 00 0010 18" x 28" x 34", Electric Pull Boxes, Precast Concrete116 $7,023.47EA Installation =x x 7,023.47 FactorUnit PriceQuantity Total 803.16 1.0931 8.00 40 05 13 19 0598 2" Cap, Stainless Steel Schedule 10 Type 304117 $139.24EA Installation =x x 139.24 FactorUnit PriceQuantity Total 63.69 1.0931 2.00 $72,840.88Subtotal for Electrical General 01 22 20 00 0015 LaborerTasks in the CTC include appropriate costs to cover labor. These tasks will be requested specifically by the owner for miscellaneous work not covered in the CTC. 118 $5,660.07HR Installation =x x 5,660.07 FactorUnit PriceQuantity Total 25.89 1.0931 200.00 This is for misc. labor to handle odd issues throught the project as needed for special reuests for this project Page 11 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 41 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall General 01 22 23 00 0395 1-3/4 CY, 30" Bucket, 18'-0" Deep, 112 HP, Loader-Backhoe With Full-Time Operator 119 $6,878.68WK Installation =x x 6,878.68 FactorUnit PriceQuantity Total 3,146.41 1.0931 2.00 This is for Misc. 1 per week per Phase 01 22 23 00 1215 3,700 To 4,000 Gallon Water Truck With Full-Time Operator120 $25,995.65MO Installation =x x 25,995.65 FactorUnit PriceQuantity Total 11,890.79 1.0931 2.00 Will be used for dust control as needed. Allowance as needed for complete duration of project 01 22 23 00 1215 0046 For Each 1,000 Gallon Of Purchased Water, Add121 $222.99MOD Installation =x x 222.99 FactorUnit PriceQuantity Total 2.55 1.0931 80.00 01 55 26 00 0013 Safety Tape For Area Isolation122 $59.79CLF Installation =x x 59.79 FactorUnit PriceQuantity Total 5.47 1.0931 10.00 To be used as needed for breakdown and create new walkways as needed 01 55 26 00 0017 28" Cone With Reflective Collar123 $27.55DAY Installation =x x 27.55 FactorUnit PriceQuantity Total 0.42 1.0931 60.00 This is for Traffic pattern change on Washington Avenue when we are doing the Signage Installation on Traffic Signal Poles 01 55 26 00 0032 Type II Barricade, Up To 3' Wide With Two Reflective Rails Each Side124 $21.64DAY Installation =x x 21.64 FactorUnit PriceQuantity Total 1.98 1.0931 10.00 This is for Barricades needed when working on Washington avenue 01 55 26 00 0035 Type III Barricade, Up To 5' Wide With Three Reflective Rails125 $19.76DAY Installation =x x 19.76 FactorUnit PriceQuantity Total 2.26 1.0931 8.00 This is for signage installation on traffic lights on Washington Avenue 01 55 26 00 0107 Place And Remove Up To 250 Cones By Hand From Roadside126 $50.50EA Installation =x x 50.50 FactorUnit PriceQuantity Total 0.77 1.0931 60.00 This is for lane closure that will be needed when installing signage on traffic post 01 56 16 00 0046 1/2" BC Plywood Wall Sheathing On One Side, Temporary Wood Stud Wall, 16" On Center 127 $18,592.48SF Installation =x x 18,592.48 FactorUnit PriceQuantity Total 2.91 1.0931 5,845.00 01 56 26 00 0010 Temporary 6' High Chain Link Fence And Posts, >6 To 12 Months128 $1,351.07LF Installation =x x 1,351.07 FactorUnit PriceQuantity Total 2.06 1.0931 600.00 This also includes fence around the existing trees for protection 01 56 26 00 0010 0078 For >500, Deduct129 -$203.32MOD Installation =x x -203.32 FactorUnit PriceQuantity Total -0.31 1.0931 600.00 01 56 26 00 0010 0080 For Shade Cloth, Add130 $1,672.44MOD Installation =x x 1,672.44 FactorUnit PriceQuantity Total 2.55 1.0931 600.00 Page 12 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 42 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall General 01 56 26 00 0035 12' Wide, 6' High, Temporary Chain Link Fence Gate, Up To 6 Months131 $859.79EA Installation =x x 859.79 FactorUnit PriceQuantity Total 196.64 1.0931 4.00 01 56 26 00 0035 0091 For Shade Cloth, Add132 $165.15MOD Installation =x x 165.15 FactorUnit PriceQuantity Total 37.77 1.0931 4.00 01 56 26 00 0158 Temporary Chain Link Fence Panels (Portable) SandbagIncludes placement and removal. 133 $629.63BAG Installation =x x 629.63 FactorUnit PriceQuantity Total 2.40 1.0931 240.00 This is for safety fence 01 71 13 00 0002 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlifts with up to 40' boom lengths, etc. 134 $1,320.38EA Installation =x x 1,320.38 FactorUnit PriceQuantity Total 201.32 1.0931 6.00 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. 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 terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 135 $440.11EA Installation =x x 440.11 FactorUnit PriceQuantity Total 402.63 1.0931 1.00 Delivery of Lighting fixtures to public works 01 71 23 16 0006 3 Person Survey Crew (Unit Of Measure Is Per Crew Hour Worked)Includes surveyor, rodman, chainman, equipment and instruments. 136 $21,396.45HR Installation =x x 21,396.45 FactorUnit PriceQuantity Total 217.49 1.0931 90.00 This incudes all final surveying for the the project and signed and sealed As-Builds for complete project. 09 91 13 00 0102 Paint Exterior Wood Smooth Siding, Two Coats Paint, Brush/Roller Work137 $6,503.95SF Installation =x x 6,503.95 FactorUnit PriceQuantity Total 0.68 1.0931 8,750.00 This is for painting of plywood 350'X6'=2100sf X both sides=4200 X 2 sides of property =8400 + extra panels for walkways 09 91 13 00 0102 0190 For Oil Based Paint, Add138 $478.23MOD Installation =x x 478.23 FactorUnit PriceQuantity Total 0.05 1.0931 8,750.00 09 91 13 00 0102 0208 For >5,000 To 10,000, Deduct139 -$669.52MOD Installation =x x -669.52 FactorUnit PriceQuantity Total -0.07 1.0931 8,750.00 $91,473.47Subtotal for General Irrigation Page 13 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 43 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Irrigation 01 22 20 00 0015 LaborerTasks in the CTC include appropriate costs to cover labor. These tasks will be requested specifically by the owner for miscellaneous work not covered in the CTC. 140 $2,405.53HR Installation =x x 2,405.53 FactorUnit PriceQuantity Total 25.89 1.0931 85.00 This is for 2 laborers during the install of irrigation. There are specialty items and laborer needed during installation for locations that will have to work with landscaper. 01 71 13 00 0002 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlifts with up to 40' boom lengths, etc. 141 $440.13EA Installation =x x 440.13 FactorUnit PriceQuantity Total 201.32 1.0931 2.00 Delivery of Bobcat and Trencher 22 11 16 00 0763 1" Schedule 80 CPVC Tee142 $443.89EA Installation =x x 443.89 FactorUnit PriceQuantity Total 22.56 1.0931 18.00 22 11 19 00 0063 2" Anti Siphon Pressure Type Vacuum Breaker143 $781.79EA Installation =x x 781.79 FactorUnit PriceQuantity Total 357.60 1.0931 2.00 22 67 13 53 0017 1" Schedule 80 Standardline Polypropylene Copolymer Socket Fusion 45 Degree Elbow 144 $742.13EA Installation =x x 742.13 FactorUnit PriceQuantity Total 15.43 1.0931 44.00 23 21 13 23 2008 4" Schedule 40 PVC Pressure Pipe145 $4,103.58LF Installation =x x 4,103.58 FactorUnit PriceQuantity Total 7.92 1.0931 474.00 23 21 13 23 2015 1" Schedule 40 PVC 90 Degree Elbows146 $498.76EA Installation =x x 498.76 FactorUnit PriceQuantity Total 10.37 1.0931 44.00 23 21 13 23 2018 2" Schedule 40 PVC 90 Degree Elbows147 $1,354.55EA Installation =x x 1,354.55 FactorUnit PriceQuantity Total 21.74 1.0931 57.00 23 21 13 23 2018 2" Schedule 40 PVC 90 Degree Elbows148 $380.22EA Installation =x x 380.22 FactorUnit PriceQuantity Total 21.74 1.0931 16.00 23 21 13 23 2034 4" Schedule 40 PVC 45 Degree Elbows149 $2,219.08EA Installation =x x 2,219.08 FactorUnit PriceQuantity Total 63.44 1.0931 32.00 23 21 13 23 2082 2" Schedule 40 PVC Threaded Reducing Inserts150 $490.32EA Installation =x x 490.32 FactorUnit PriceQuantity Total 21.36 1.0931 21.00 23 21 13 23 2085 4" Schedule 40 PVC Threaded Reducing Inserts151 $907.89EA Installation =x x 907.89 FactorUnit PriceQuantity Total 51.91 1.0931 16.00 23 21 13 23 2102 2" Schedule 40 PVC Socket Weld X Threaded Female Adapters152 $135.57EA Installation =x x 135.57 FactorUnit PriceQuantity Total 20.67 1.0931 6.00 Page 14 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 44 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Irrigation 23 21 13 23 2130 4" Schedule 40 PVC Unions153 $561.90EA Installation =x x 561.90 FactorUnit PriceQuantity Total 128.51 1.0931 4.00 26 05 19 16 0066 2/c #6 AWG Cable - XLP (XHHW), 600 V Copper, Stranded, Placed In Conduit154 $7,346.16MLF Installation =x x 7,346.16 FactorUnit PriceQuantity Total 2,240.16 1.0931 3.00 26 05 33 13 1569 1" Schedule 40 PVC Conduit With Glued Couplings155 $1,344.05LF Installation =x x 1,344.05 FactorUnit PriceQuantity Total 1.98 1.0931 621.00 26 05 33 13 1569 0155 For Schedule 80, Add156 $190.07MOD Installation =x x 190.07 FactorUnit PriceQuantity Total 0.28 1.0931 621.00 26 05 33 13 1572 2" Schedule 40 PVC Conduit With Glued Couplings157 $1,651.02LF Installation =x x 1,651.02 FactorUnit PriceQuantity Total 3.20 1.0931 472.00 26 05 33 13 1595 1" PVC Conduit Adapter158 $162.13EA Installation =x x 162.13 FactorUnit PriceQuantity Total 6.18 1.0931 24.00 26 05 33 13 1895 4" Schedule 40 PVC Conduit 90 Degree Elbow, Direct Burial159 $1,196.79EA Installation =x x 1,196.79 FactorUnit PriceQuantity Total 42.11 1.0931 26.00 26 05 33 13 1949 1/2" PVC Coated, Urethane Lined, RGS Coupling, Direct Burial160 $315.99EA Installation =x x 315.99 FactorUnit PriceQuantity Total 6.57 1.0931 44.00 Canisters 26 05 33 13 2502 1/2" Non-Metallic Liquid Tight Flex Conduit161 $416.03LF Installation =x x 416.03 FactorUnit PriceQuantity Total 1.73 1.0931 220.00 Canisters 26 05 33 13 2502 0089 For Work In Restricted Working Space, Add162 $74.55MOD Installation =x x 74.55 FactorUnit PriceQuantity Total 0.31 1.0931 220.00 31 23 16 13 0031 4" Wide, 24" Deep Trench, Medium Soil, Chain Trencher163 $1,429.60LF Installation =x x 1,429.60 FactorUnit PriceQuantity Total 0.61 1.0931 2,144.00 This is for demo and install of all pipe under ground 32 84 23 00 0075 1-1/2", 5 To 200 GPM, Plastic, Electric Remote Control Irrigation Valve With Pressure Regulator And Scrubber Valve 164 $1,522.73EA Installation =x x 1,522.73 FactorUnit PriceQuantity Total 348.26 1.0931 4.00 32 84 23 00 0120 33.1" x 23.8" Rectangular Irrigation Valve Box165 $898.35EA Installation =x x 898.35 FactorUnit PriceQuantity Total 205.46 1.0931 4.00 32 84 23 00 0175 Automatic Rain Shutoff Sensor For Irrigation ControllersIncludes adjustable sensing probes. 166 $93.77EA Installation =x x 93.77 FactorUnit PriceQuantity Total 85.78 1.0931 1.00 Page 15 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 45 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Irrigation 32 84 23 00 0200 12 Station ET-Driven Irrigation Controller (Calsense ET2000E-12)167 $5,143.82EA Installation =x x 5,143.82 FactorUnit PriceQuantity Total 2,352.86 1.0931 2.00 32 84 23 00 0430 1 GPM Bubbler And Check Valve On Riser, 36" Tube, 4" Diameter Grate, Root Watering System 168 $2,608.66EA Installation =x x 2,608.66 FactorUnit PriceQuantity Total 51.88 1.0931 46.00 Rain Bird Canisters 32 84 23 00 0430 0350 For Root Watering Sand Sock, Add169 $117.16MOD Installation =x x 117.16 FactorUnit PriceQuantity Total 2.33 1.0931 46.00 33 05 23 13 0006 8" Diameter Horizontal Augering170 $2,756.65LF Installation =x x 2,756.65 FactorUnit PriceQuantity Total 38.21 1.0931 66.00 Canisters 33 11 13 23 0007 2" Class 200, SDR 21 PVC Pressure Pipe171 $1,164.65LF Installation =x x 1,164.65 FactorUnit PriceQuantity Total 1.67 1.0931 638.00 $43,897.52Subtotal for Irrigation Landscaping 01 22 20 00 0015 LaborerTasks in the CTC include appropriate costs to cover labor. These tasks will be requested specifically by the owner for miscellaneous work not covered in the CTC. 172 $905.61HR Installation =x x 905.61 FactorUnit PriceQuantity Total 25.89 1.0931 32.00 This is for 2 employees for 2 days of labor as needed and requested to move and reinstall any special bracing as needed for existing trees 01 22 23 00 0914 5,000 LB Telescopic Boom, Hi-Reach, Rough Terrain Construction Forklift With Full-Time Operator 173 $787.60DAY Installation =x x 787.60 FactorUnit PriceQuantity Total 720.52 1.0931 1.00 This is needed for Date Palms Higher than 30' 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. 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 terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 174 $1,320.34EA Installation =x x 1,320.34 FactorUnit PriceQuantity Total 402.63 1.0931 3.00 This is for excavator and bobcat. This is also for location off site to transplant trees per Greenspace 01 74 19 00 0029 Trees, Stumps And Brush, Landfill Dump Fee175 $18.05CY Installation =x x 18.05 FactorUnit PriceQuantity Total 16.51 1.0931 1.00 Landscaping 02 90 20 00 0003 Remove And Haul Stump >24 To 48 Inches176 $11,539.99EA Installation =x x 11,539.99 FactorUnit PriceQuantity Total 439.88 1.0931 24.00 Page 16 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 46 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Landscaping 02 90 20 00 0009 >72" DBH Tree Removal and Place on Right-of-Way177 $2,886.61EA Installation =x x 2,886.61 FactorUnit PriceQuantity Total 1,320.38 1.0931 2.00 Removal of 2 big Date Plams at Entry Way By Drexel 31 11 00 00 0003 Clear And Grub Light Stumps Only Up To 6" Diameter178 $327.26ACR Installation =x x 327.26 FactorUnit PriceQuantity Total 1,197.56 1.0931 0.25 This is to remove all shrubs and small trees in and along parking lot 31 11 00 00 0015 Machine Loading Of Cleared And Grubbed Material179 $98.58CY Installation =x x 98.58 FactorUnit PriceQuantity Total 5.01 1.0931 18.00 31 13 13 00 0012 Up To 6" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading. 180 $834.52EA Installation =x x 834.52 FactorUnit PriceQuantity Total 254.48 1.0931 3.00 Tree Demo 31 13 13 00 0013 >6" To 12" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading. 181 $7,928.11EA Installation =x x 7,928.11 FactorUnit PriceQuantity Total 381.73 1.0931 19.00 Tree Removal 31 24 13 00 0015 Spread And Shape Imported Or Stockpiled Material For Roadways, Parking Areas, Landscaping and Embankments 182 $141.53CY Installation =x x 141.53 FactorUnit PriceQuantity Total 3.32 1.0931 39.00 31 24 13 00 0015 0041 For >20 To 50, Add183 $106.15MOD Installation =x x 106.15 FactorUnit PriceQuantity Total 2.49 1.0931 39.00 31 68 13 00 0041 2" Rock Bolt, 10' Super High-Tensile Anchor184 $9,598.12EA Installation =x x 9,598.12 FactorUnit PriceQuantity Total 548.79 1.0931 16.00 This is based on 16 new trees. If quantity changes this will change 32 01 90 13 0001 Fertilizer - 2 LB Of Nitrogen/MSF (Granular)185 $1,902.87MSF Installation =x x 1,902.87 FactorUnit PriceQuantity Total 5.44 1.0931 320.00 This covers new trees and shrubs as required per plans 32 01 90 23 0009 Tree Pruning (Crown Cleaning), 6" Caliper, Aerial Lift Equipment186 $2,106.62EA Installation =x x 2,106.62 FactorUnit PriceQuantity Total 80.30 1.0931 24.00 Pruning of trees that will be relocated 32 01 90 23 0009 0269 For Crown Reduction, Tree Pruning, Add187 $869.10MOD Installation =x x 869.10 FactorUnit PriceQuantity Total 36.14 1.0931 22.00 32 91 19 13 0010 Spread Topsoil By Hand From Stockpile188 $1,289.86CY Installation =x x 1,289.86 FactorUnit PriceQuantity Total 20.00 1.0931 59.00 Page 17 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 47 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Landscaping 32 91 19 13 0017 Furnish And Place Imported Screened Topsoil, Over 12" Deep189 $1,744.53CY Installation =x x 1,744.53 FactorUnit PriceQuantity Total 27.05 1.0931 59.00 This is for all new planting pits. 2.67cy per pit X 22 pits = 59cy 32 93 43 00 0058 65 Gallon Bulnesia arborea - Bulnesia190 $5,377.00EA Installation =x x 5,377.00 FactorUnit PriceQuantity Total 409.92 1.0931 12.00 Verawood Bulnesia 32 93 43 00 1060 17' To 18' Phoenix Dactylifera & cvs - Date Palm191 $35,622.64EA Installation =x x 35,622.64 FactorUnit PriceQuantity Total 8,147.16 1.0931 4.00 14' CT but 17' overall 32 93 53 00 0017 65 Gallon Container Tree Planting192 $2,406.61EA Installation =x x 2,406.61 FactorUnit PriceQuantity Total 183.47 1.0931 12.00 Verawood Bulnesia 32 93 53 00 0017 0252 For >10 To 25, Deduct193 -$120.28MOD Installation =x x -120.28 FactorUnit PriceQuantity Total -9.17 1.0931 12.00 32 93 53 00 0026 20' Balled And Burlapped Tree Planting194 $1,289.25EA Installation =x x 1,289.25 FactorUnit PriceQuantity Total 294.86 1.0931 4.00 This is for the Dactylifera 32 93 53 00 0091 5' x 2-1/4' Deep Tree Pit195 $9,708.50EA Installation =x x 9,708.50 FactorUnit PriceQuantity Total 403.71 1.0931 22.00 This is to construct 22 new pits for this project 32 94 49 00 0005 Tree Guying 3" To 4" Caliper, 3 Stakes196 $704.85EA Installation =x x 704.85 FactorUnit PriceQuantity Total 29.31 1.0931 22.00 This is for relocated trees for Green space 32 94 49 00 0014 Tree Wrap, >2" To 4" Caliper Applied Ground Level To First Branches Of Tree197 $355.43EA Installation =x x 355.43 FactorUnit PriceQuantity Total 7.39 1.0931 44.00 32 94 49 00 0015 Tree Wrap, >4" To 6" Caliper Applied Ground Level To First Branches Of Tree198 $287.86EA Installation =x x 287.86 FactorUnit PriceQuantity Total 11.97 1.0931 22.00 This is for trees being relocated for Green Space 32 94 49 00 0024 36" High x 24" Long Root Barrier Panel, .080" Polypropylene, With Self Locking Joiner 199 $6,411.69EA Installation =x x 6,411.69 FactorUnit PriceQuantity Total 15.04 1.0931 390.00 Required in plans 32 96 43 00 0008 >72" To 84" Root Ball, Move Trees On Site200 $11,259.26EA Installation =x x 11,259.26 FactorUnit PriceQuantity Total 1,030.03 1.0931 10.00 This is to reloate trees off site and install in different location per Green space Page 18 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 48 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Landscaping 32 96 43 00 0008 0238 For >10 To 20, Deduct201 -$1,125.89MOD Installation =x x -1,125.89 FactorUnit PriceQuantity Total -103.00 1.0931 10.00 $116,582.37Subtotal for Landscaping Markings 01 22 23 00 0914 5,000 LB Telescopic Boom, Hi-Reach, Rough Terrain Construction Forklift With Full-Time Operator 202 $787.60DAY Installation =x x 787.60 FactorUnit PriceQuantity Total 720.52 1.0931 1.00 This is for Boom needed to install signage on arm mast on Washington avenue 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. 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 terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 203 $880.23EA Installation =x x 880.23 FactorUnit PriceQuantity Total 402.63 1.0931 2.00 10 14 53 00 0052 48" x 60" Aluminum Engineer Grade Traffic Sign204 $819.46EA Installation =x x 778.64 FactorUnit PriceQuantity Total 237.44 1.0931 3.00 Demolition x x = 40.83 12.45 1.0931 3.00 This is for signage on overhead traffic post 10 14 53 00 0052 0213 For Hi-Intensity Grade, Add205 $209.09MOD Installation =x x 209.09 FactorUnit PriceQuantity Total 63.76 1.0931 3.00 10 14 53 00 0189 10' Galvanized Steel U-Channel Sign Post206 $507.24EA Installation =x x 507.24 FactorUnit PriceQuantity Total 77.34 1.0931 6.00 34 41 13 00 0021 Vehicle Signal Face, 4 - 12" Sections, Optically Programmed207 $3,906.00EA Installation =x x 3,631.91 FactorUnit PriceQuantity Total 1,661.29 1.0931 2.00 Demolition x x = 274.08 125.37 1.0931 2.00 This is to remove 2 ped heads and change Existing Green Ball Trafic lights to Arrows(one left and one Right) $7,109.62Subtotal for Markings Pavers 02 41 19 13 0057 Saw Cut Minimum ChargeFor projects where the total saw cutting charge is less than the minimum charge, use this task exclusively. This task should not be used in conjunction with any other tasks in this section. 208 $502.82EA Installation =x x 502.82 FactorUnit PriceQuantity Total 459.99 1.0931 1.00 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera 209 $43.67CY Installation =x x 43.67 FactorUnit PriceQuantity Total 2.35 1.0931 17.00 Page 19 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 49 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Pavers 31 23 16 13 0013 0064 For Up To 20, Add210 $34.94MOD Installation =x x 34.94 FactorUnit PriceQuantity Total 1.88 1.0931 17.00 31 24 13 00 0005 Cut, Shape, and Rough Grading for Roadways, Parking Areas, Landscaping and Embankments by Machine in Loose Rock 211 $69.69CY Installation =x x 69.69 FactorUnit PriceQuantity Total 3.75 1.0931 17.00 31 24 13 00 0005 0035 For Up To 20, Add212 $69.69MOD Installation =x x 69.69 FactorUnit PriceQuantity Total 3.75 1.0931 17.00 32 00 00 00 0004 Hanover M1119 and Black Granite Brick Pavers213 $372,322.63ea Installation =x x 372,322.63 FactorUnit PriceQuantity TotalNPP 307,501.35 1.2108 1.00 32 14 11 00 0002 1" To 2" Sand Bedding, Screeded214 $5,006.40SF Installation =x x 5,006.40 FactorUnit PriceQuantity Total 0.40 1.0931 11,450.00 32 14 11 00 0002 0114 For >5,000, Deduct215 -$500.64MOD Installation =x x -500.64 FactorUnit PriceQuantity Total -0.04 1.0931 11,450.00 32 14 40 00 0012 1" Thick, Granite Paver, Combinations And PatternsPatterns made by combining pavers from two or more size groups. 216 $26,984.54SF Installation =x x 26,984.54 FactorUnit PriceQuantity Total X 1.45 1.0931 17,025.00 This is strictly for labor and grouting. cost is 1.5% of installation 32 14 40 00 0012 0105 For Cement/Sand Mix Or Polymeric Sand Joints, Add217 $8,135.40MOD Installation =x x 8,135.40 FactorUnit PriceQuantity Total 0.65 1.0931 11,450.00 $412,669.14Subtotal for Pavers Permit 01 22 16 00 0002 Reimbursable FeesReimbursable fees will be paid to the contractor for the actual cost, without mark-up, for which a receipt or bill is received. The Adjustment Factor applied to Reimbursable Fees will be 1.0750. 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.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, each one shall be listed separately with a comment in the "note" block to identify the Reimbursable Fees (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be included with the Proposal. 218 $10,750.00EA Installation =x x 10,750.00 FactorUnit PriceQuantity Total 1.00 1.0750 10,000.00 Permits $10,750.00Subtotal for Permit Silva Cell Page 20 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 50 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Silva Cell 01 74 19 00 0032 Excavated Dirt Landfill Dump Fee219 $9,357.02CY Installation =x x 9,357.02 FactorUnit PriceQuantity Total 13.21 1.0931 648.00 01 74 19 00 0037 Hauling On Paved Roads, Miles Over Initial 15 Miles220 $3,612.48CYM Installation =x x 3,612.48 FactorUnit PriceQuantity Total 0.34 1.0931 9,720.00 11 68 13 00 0457 TuffTurf Geotextile Fabric, (12 1/2' Wide Roll), Order an Additional 20% for Overlap/Waste, per LF (Landscape Structures® 109694A) 221 $3,785.30LF Installation =x x 3,785.30 FactorUnit PriceQuantity Total 4.85 1.0931 714.00 This is for fabric below and above silva cell systems 31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil222 $3,494.05CY Installation =x x 3,494.05 FactorUnit PriceQuantity Total 3.62 1.0931 883.00 31 23 16 13 0003 0057 For >500 To 1,000, Deduct223 -$521.21MOD Installation =x x -521.21 FactorUnit PriceQuantity Total -0.54 1.0931 883.00 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine 224 $1,189.99CY Installation =x x 1,189.99 FactorUnit PriceQuantity Total 1.68 1.0931 648.00 31 23 16 13 0010 0062 For >500 To 1,000, Deduct225 -$177.08MOD Installation =x x -177.08 FactorUnit PriceQuantity Total -0.25 1.0931 648.00 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 226 $2,627.90CY Installation =x x 2,627.90 FactorUnit PriceQuantity Total 3.71 1.0931 648.00 31 32 19 13 0006 14.1 Oz/SY, 9,790 LB/FT Wide Width Tensile Ultimate Bi-Directional Woven Polyester Geogrid Fabric (Carthage Mills GX-1000) 227 $2,178.93SY Installation =x x 2,178.93 FactorUnit PriceQuantity Total 4.11 1.0931 485.00 31 32 19 13 0006 0084 For >250 To 500, Add228 $111.33MOD Installation =x x 111.33 FactorUnit PriceQuantity Total 0.21 1.0931 485.00 32 00 00 00 0006 Silva Cell - Subcontractor229 $184,344.30ea Installation =x x 184,344.30 FactorUnit PriceQuantity TotalNPP 362.50 1.2108 420.00 Siva Cell material(s) only and installation. Does not include excavation or backfilling of material 32 11 16 00 0008 4" Crushed Aggregate Base Course230 $2,067.17SY Installation =x x 2,067.17 FactorUnit PriceQuantity Total 5.07 1.0931 373.00 This is for crushed base under the silva cells per requirements 32 11 16 00 0008 0011 For Up To 500, Add231 $538.20MOD Installation =x x 538.20 FactorUnit PriceQuantity Total 1.32 1.0931 373.00 32 91 19 13 0010 Spread Topsoil By Hand From Stockpile232 $14,166.58CY Installation =x x 14,166.58 FactorUnit PriceQuantity Total 20.00 1.0931 648.00 Page 21 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 51 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Silva Cell 32 91 19 13 0017 Furnish And Place Imported Screened Topsoil, Over 12" Deep233 $19,160.29CY Installation =x x 19,160.29 FactorUnit PriceQuantity Total 27.05 1.0931 648.00 $245,935.25Subtotal for Silva Cell Water Main 23 21 13 23 1359 8" 11-1/4 Degree Elbow, Ductile Iron, Grooved234 $2,523.81EA Installation =x x 2,523.81 FactorUnit PriceQuantity Total 384.81 1.0931 6.00 23 21 13 23 2390 2" Coupling, Polyvinylidene Fluoride (PVDF) Schedule 40 Socket Weld235 $1,986.32EA Installation =x x 1,986.32 FactorUnit PriceQuantity Total 62.66 1.0931 29.00 23 21 13 23 2577 2" Flanged Lead Corporation Stop Couplings, XS Lead Flange X Copper Tube Thread (H-15505) 236 $4,144.44EA Installation =x x 4,144.44 FactorUnit PriceQuantity Total 130.74 1.0931 29.00 31 23 16 13 0005 Over 12" Wide, Excavation for Trenching by Machine in Loose Rock237 $1,468.98CY Installation =x x 1,468.98 FactorUnit PriceQuantity Total 6.43 1.0931 209.00 This is to excavate for new water main 31 23 16 13 0005 0056 For >50 To 250, Add238 $367.82MOD Installation =x x 367.82 FactorUnit PriceQuantity Total 1.61 1.0931 209.00 31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand 239 $2,494.76CY Installation =x x 2,494.76 FactorUnit PriceQuantity Total 10.92 1.0931 209.00 31 23 16 36 0022 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Hand 240 $2,814.60CY Installation =x x 2,814.60 FactorUnit PriceQuantity Total 12.32 1.0931 209.00 This is for compacting area where fire hydrant was trenched for new location 32 11 16 00 0014 8" Thick FDOT Limerock241 $1,801.46SY Installation =x x 1,801.46 FactorUnit PriceQuantity Total 16.99 1.0931 97.00 restoration for trench 32 11 16 00 0014 0011 For Up To 500, Add242 $426.24MOD Installation =x x 426.24 FactorUnit PriceQuantity Total 4.02 1.0931 97.00 32 84 23 00 0387 2" Poly Pipe, 80 PSI, NSF243 $1,621.29LF Installation =x x 1,621.29 FactorUnit PriceQuantity Total 3.09 1.0931 480.00 33 11 13 13 0005 6" Mechanical Joint Ductile Iron Pipe244 $3,139.49LF Installation =x x 3,139.49 FactorUnit PriceQuantity Total 26.11 1.0931 110.00 33 11 13 13 0005 0021 For Class 53, Add245 $642.09MOD Installation =x x 642.09 FactorUnit PriceQuantity Total 5.34 1.0931 110.00 Page 22 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 52 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Water Main 33 11 13 13 0006 8" Mechanical Joint Ductile Iron Pipe246 $12,580.71LF Installation =x x 12,580.71 FactorUnit PriceQuantity Total 31.97 1.0931 360.00 33 11 13 13 0006 0021 For Class 53, Add247 $2,664.10MOD Installation =x x 2,664.10 FactorUnit PriceQuantity Total 6.77 1.0931 360.00 33 11 13 13 0021 6" 90 Degree Elbow, Mechanical Joint Ductile Iron248 $1,908.16EA Installation =x x 1,908.16 FactorUnit PriceQuantity Total 436.41 1.0931 4.00 33 11 13 13 0037 6" 45 Degree Elbow, Mechanical Joint Ductile Iron249 $753.98EA Installation =x x 753.98 FactorUnit PriceQuantity Total 344.88 1.0931 2.00 33 11 13 13 0053 6" 22-1/2 Degree Elbow, Mechanical Joint Ductile Iron250 $1,657.05EA Installation =x x 1,657.05 FactorUnit PriceQuantity Total 378.98 1.0931 4.00 33 11 13 13 0054 8" 22-1/2 Degree Elbow, Mechanical Joint Ductile Iron251 $2,030.80EA Installation =x x 2,030.80 FactorUnit PriceQuantity Total 464.46 1.0931 4.00 33 11 13 13 0170 8" x 6" Cross, Mechanical Joint Ductile Iron252 $1,494.27EA Installation =x x 1,494.27 FactorUnit PriceQuantity Total 683.50 1.0931 2.00 33 11 13 13 0258 8" x 6" Mechanical Joint x Mechanical Joint Reducer, Ductile Iron253 $1,274.25EA Installation =x x 1,274.25 FactorUnit PriceQuantity Total 291.43 1.0931 4.00 33 11 13 13 0327 6" Mechanical Joint Cap, Ductile Iron254 $988.73EA Installation =x x 988.73 FactorUnit PriceQuantity Total 226.13 1.0931 4.00 33 11 13 13 0328 8" Mechanical Joint Cap, Ductile Iron255 $618.41EA Installation =x x 618.41 FactorUnit PriceQuantity Total 282.87 1.0931 2.00 33 11 13 13 0375 6" Mechanical Joint x Mechanical Joint Solid Sleeve, Ductile Iron256 $1,810.22EA Installation =x x 1,810.22 FactorUnit PriceQuantity Total 414.01 1.0931 4.00 33 11 13 13 0376 8" Mechanical Joint x Mechanical Joint Solid Sleeve, Ductile Iron257 $2,284.10EA Installation =x x 2,284.10 FactorUnit PriceQuantity Total 522.39 1.0931 4.00 33 11 13 13 0391 6" Pipe And Fitting Restraint, Mechanical Joint Ductile Iron (Megalug 1100)258 $1,325.36EA Installation =x x 1,325.36 FactorUnit PriceQuantity Total 101.04 1.0931 12.00 33 11 13 13 0392 8" Pipe And Fitting Restraint, Mechanical Joint Ductile Iron (Megalug 1100)259 $2,050.81EA Installation =x x 2,050.81 FactorUnit PriceQuantity Total 134.01 1.0931 14.00 33 11 13 23 0184 10" AWWA C900, DR 18, PR 150 PVC Pipe260 $603.66LF Installation =x x 603.66 FactorUnit PriceQuantity Total 22.09 1.0931 25.00 Page 23 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 53 of 216 Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:039951.00 Espanola Way Pedestrian Mall Water Main 33 11 13 53 0102 8" Diameter x 4" Or 6" Tap Ductile Iron Mechanical Joint Tapping Sleeve (Mueller H-615) 261 $1,305.24EA Installation =x x 1,305.24 FactorUnit PriceQuantity Total 1,194.07 1.0931 1.00 33 11 13 53 0108 12" Diameter x 8" Tap Ductile Iron Mechanical Joint Tapping Sleeve (Mueller H-615) 262 $2,468.22EA Installation =x x 2,468.22 FactorUnit PriceQuantity Total 2,258.00 1.0931 1.00 33 12 16 00 0020 18" To 24" High Round Head Cast Iron Roadway Or Curb Valve Boxes263 $636.68EA Installation =x x 636.68 FactorUnit PriceQuantity Total 116.49 1.0931 5.00 33 12 16 00 0136 2" Threaded Ball Meter Valve (Mueller B-20200)264 $6,147.07EA Installation =x x 6,147.07 FactorUnit PriceQuantity Total 200.84 1.0931 28.00 33 12 16 00 0283 6" Gate Valve, Mechanical Joint265 $3,081.67EA Installation =x x 3,081.67 FactorUnit PriceQuantity Total 704.80 1.0931 4.00 33 12 16 00 0284 8" Gate Valve, Mechanical Joint266 $1,127.97EA Installation =x x 1,127.97 FactorUnit PriceQuantity Total 1,031.90 1.0931 1.00 33 12 16 00 0331 2" Resilient Wedge Tapping Gate Valve, Mechanical Joint X Flanged Joint267 $14,616.19EA Installation =x x 14,616.19 FactorUnit PriceQuantity Total 461.08 1.0931 29.00 33 51 13 00 0100 6" Pipe Wrap268 $3,544.92LF Installation =x x 3,544.92 FactorUnit PriceQuantity Total 6.90 1.0931 470.00 33 71 19 00 0003 24" x 36" x 24", Electric Pull Boxes, Precast Concrete269 $13,211.29EA Installation =x x 13,211.29 FactorUnit PriceQuantity Total 755.38 1.0931 16.00 This is for 13 small water meter boxes, 3 small sewer boxes and 33 71 19 00 0010 18" x 28" x 34", Electric Pull Boxes, Precast Concrete270 $14,046.95EA Installation =x x 14,046.95 FactorUnit PriceQuantity Total 803.16 1.0931 16.00 Big Water Meter Box 40 05 13 19 0337 2" 90 Degree Elbow, Stainless Steel Schedule 5 Type 304271 $2,932.24EA Installation =x x 2,932.24 FactorUnit PriceQuantity Total 92.50 1.0931 29.00 $120,594.35Subtotal for Water Main Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $1,691,134.67 The Percentage of NPP on this Proposal:35.53% Page 24 of 24 6/1/2016 Contractor's Price Proposal - Detail Page 54 of 216 Subcontractor Listing 039951.00 Espanola Way Pedestrian Mall FL-MDCAU06-052014-MEIIQC Master Contract #: Work Order #: Owner PO #: Title: Re: June 01, 2016Date: Proposal Value: Contractor: Metro Express Inc. $1,691,134.67 %DutiesName of Contractor Amount No Subcontractors have been selected for this Work Order 0.00$0.00 6.00 Page 1 of 1 6/1/2016 Subcontractor Listing Page 55 of 216 Resolutions - R7 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:A RESOLUTI ON RATI FYI NG A THREE (3) YEAR LABOR AGREEMENT BETW EEN THE CI TY OF MI AMI BEACH AND THE FRATERNAL ORDER OF POLI CE (FOP) W I LLI AM NI CHOLS LODGE NO. 8., FOR THE PERI OD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORI ZI NG THE MAYOR AND CI TY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION Adopt the Resolution. ANALY SIS The City’s workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications W orkers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEI U, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassif ied; and (7) “Others” (classified service employees not represented by a bargaining unit). Provisions in the October 1, 2009 – September 30, 2012, contracts resulted in savings to the City of over $15 million between Fiscal Years (FY) 2009/2010 and 2010/2011. Similar contributions from the unclassified and others salary groups increased the savings to $20 million. Many of these concessions were changes to the Miami Beach Employees’ Retirement Plan (MBERP) that resulted in reducing the City’s pension contribution both short and long-term. During the October 1, 2012 – September 30, 2015 contract period, the fire and police unions agreed to signif icant pension reform, which yielded a reduction of $145 million to the City's ARC over a 3O-year period (2013 net present value). The savings attributed to the 2013 pension ref orm have aided in the short and long-term sustainability of the plan. On September 30, 2015, the 2012-2015 collective bargaining agreement between the City and the FOP expired. The parties began negotiating a successor agreement on July 7, 2015. Af ter twelve (12) f ormal negotiation sessions, on July 12, 2016, the City and the FOP leadership reached a tentative three-year agreement for October 1, 2015, through September 30, 2018. Page 56 of 216 The following is a summary of the newly negotiated terms between the parties: M anagement Rights 3.8, Probationary Period: Probation changed f rom 18 months to FTO period plus 12 months thereaf ter f or Police Officer; probation extended from nine months to Supervisor FTO period plus nine months thereaf ter for Sergeants and Lieutenants (not to exceed 11 months). 6, Police Equipment: Provides the Chief of Police with the ability to require the wearing of body armor at any time in response to specific events or threats. Also, number of unif orms and rates for replacement of bullet proof vests increased. 7.4, W eekly Overtime: Adoption of a modified “7(k) plan” (Section 207(k), FLSA), wherein sick leave (non-FMLA) and leave without pay do not count as hours worked f or overtime calculation purposes. Court sick, only after employee worked at least 16 consecutive hours, shall continue to be considered as time worked f or overtime calculation purposes. 7.5, Distribution of Overtime Opportunity: Provides more equitable distribution of overtime through expiration of overtime roster prior to restarting at top of list. 7.6, No Pyramiding: Elimination of “no pyramiding” exemptions, except for court time guarantee when court time does not overlap entirely with shif t. 8.2, Police Vehicle Policy: Employees assigned a take-home vehicle will be required to purchase auto insurance coverage in the amount of at least $100,000, at their own expense; ef f ective upon ratif ication. 8.15(a), Call-in Pay: Call-in guarantee made subject to Section 7.4, Overtime. 8.15(b), I nvestigative Supervisor Availability Pay (ISAP) (New Section): Provides investigative supervisors, designated by the Chief of Police, two hours of overtime per week of ISAP; any additional time worked is paid minute per minute. Eliminates current practice of paying two hours of overtime f or each call. Effective upon ratification. 8.15(c), Telephone Calls (New Section): Establishes minimum guarantee of 30 minutes of pay for the first off-duty call received from a supervisor regarding a matter that pertains to an investigation requiring action or an incident arising from an employee’s most recent (last) work shift, anything thereafter paid minute f or minute (actual time). Eliminates current practice of paying two hours of overtime f or each call. Ef f ective upon ratification. 8.27, CJSTC Police I nstructor Incentive Pay: Provides the Chief of Police with the ability to remove instructors for ref usal to train or poor performance af ter the second instance. 11.12, Incorporation of Personnel Rules: Incorporates all personnel rules into agreement, except when in conflict with contract provisions. 14, Drug and Alcohol Testing: Substances (drugs) tested f or increased from ten to 11; also, provides for alcohol testing, as well as blood testing if the employee is unable to provide a Page 57 of 216 breath sample; effective upon ratif ication. 16, Promotions: Ef f ective upon ratif ication, provides f or employee to be bypassed for promotion if relieved of duty pending investigation. I f exonerated, employee will be made whole. If employee is suspended without pay, or greater discipline is imposed, the employee will be removed f rom the promotional list. Also, provides for promotional similar to that in IAFF labor agreement (i.e. providing f or a majority vote in the resolution of test challenges). 19, Compensatory Time (New Article): Places a 150-hour annual accrual cap f or compensatory time, effective upon ratif ication. 240-hour cap on compensatory time bank remains unchanged. Pension 8.23, Pension: Pension changes new hires (af ter ratification): • Increase normal retirement age f rom 50 to 52 • No retiree COLA (sof t zeros) during first f our years in DROP Pension changes for current employees: • DROP entry on or before 9/30/2015: six-year maximum DROP participation period • DROP entry on or after 10/1/2015: eight-year maximum DROP participation period • No retiree COLA (soft zeros) while in DROP years six, seven and eight, effective upon ratif ication • Overtime capped at 11% f or any employee who self-demotes; affects members with carve-out above 11% in the 2012-2015 CBA. Cost-Of-Living Adjustments (COLA) 8.1, Wage I ncreases: • 1% 4/1/2016 • 3% 7/1/2017 • 3% 7/1/2018 Other Economic Items 8.4, Step and Longevity I ncreases: Additional pay step (Step I ) added to the Detention Officer pay scale, effective 10/1/2015. Recently promoted employees who were inadvertently affected by the salary disparity resulting f rom the previous addition of Step I (Sergeants and Lieutenants) will have salary adjusted prospectively, effective upon ratif ication. 8.6, Hazardous Duty Pay: Increases hazardous duty pay f rom $100 to $125 biweekly, effective 10/1/2017; remains non-pensionable. 8.10, Sick Leave Sell Back Program: Continue sick leave sell back program, adding a provision that employees with 20 or more years of service may sell back an additional 40 hours; effective 10/1/2016. Page 58 of 216 8.11, Bereavement: Paid bereavement leave extended from two to four days off. Employees also eligible f or two additional consecutive days of f utilizing accrued leave. Provides up to $20,000 in funeral expenses for employees killed in the line of duty. Effective upon ratif ication. 8.13, Out of Classification Pay: Out of class pay increased f rom $2 to $3 per hour, effective 10/1/2016. 8.16, Sunglasses and Prescription Glasses: Increases reimbursement for damaged glasses from $60 to $150, ef f ective upon ratification. 8.17, Field Training Officer (FTO): FTO assignment pay increased from $114.94 biweekly to 5% of base pay, ef f ective 10/1/2016. 8.19, Special Assignment Allowance: Provides assignment pay equal to 5% of base for employees assigned to Training Unit; effective 10/1/2016. 8.28, Arson Investigator Pay (New Section): Arson I nvestigators (certified), assigned by the Chief , shall receive assignment pay equal to 5% of base pay, effective 10/1/2016. Arson Investigator Trainees (non-certif ied) shall receive assignment pay equal to 2.5% of base pay, ef f ective 10/1/2016. 8.29, Drug Recognition Expert Pay (New Section): Drug Recognition Experts (certified), assigned by the Chief, shall receive assignment pay equal to 5% of base pay, effective 10/1/2016. 8.30, Second Language Pay (New Article): Employees who are conversationally proficient in a second language and pass a test, shall receive a second language supplement equal to 2.5% of their base pay, ef f ective 10/1/2017; non-pensionable. 9.10, Post Employee Health Program (PEHP): Employee contribution amount to PEHP will be determined by the Union; no City contribution or cost. 10, Educational Leave and Tuition Refund: Tuition reimbursement rates increased to the levels recently implemented for unclassif ied and “other” employees, effective upon ratif ication; non- pensionable. 11.1, Safety and Health: Physical fitness incentive pay reduced from $500 quarterly to $50 per pay period. Also, provides more reasonable testing standards to be agreed upon by the Chief and Union President. Effective 4/1/2016; remains non-pensionable. M iscellaneous Items 8.8, Vacation Benef its: Employees shall be allowed to take vacation time off af ter completion of FTO period. 8.9, Sick and Vacation Leave Accrual & Payment on Termination: Employees shall be allowed to carry vacation overage until March of the f ollowing year. 9.1, FOP Health Trust: Frequency of payment to health trust changed to a reimbursement basis. Page 59 of 216 11.5, Disclosure of Records: Requires Employees notified when personnel or IA files are requested. 11.8, Negotiation Sessions: Increases the maximum number of union representatives at negotiation sessions f rom three to six. 11.9, Job Descriptions: Provides that any changes to bargaining unit job descriptions will be sent via electronic mail to the FOP President. CONCLUSION The terms and conditions of the proposed three-year labor agreement between the City and FOP results in an estimated impact of $321,410 for FY 2015/16; $417,384 for FY 2016/17; $2,068,198 f or FY 2017/18. The total estimated three-year impact is $2,806,991. The pension ref orm attained will yield future savings to the Fire and Police Pension Plan, thereby contributing to the long-term sustainability of the plan. The estimated pension savings are based on the projections provided by the actuary. The Administration finds the provisions of this contract fair to the employees and fiscally responsible f or the City. Theref ore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement. The City’s outside labor counsel has reviewed and approved the contract language. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over T he Long Term Legislative Tracking Human Resources ATTACHMENTS: Description Proposed Labor Agreement & MOU Page 60 of 216 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and MIAMI BEACH FRATERNAL ORDER OF POLICE WILLIAM NICHOLS LODGE NO. 8 Period Covered October 1, 2012 2015 through September 30, 20152018 Page 61 of 216 FOP - ii TABLE OF CONTENT PAGE NUMBER AGREEMENT & PREAMBLE ..................................................................................................... 1 ARTICLE 1. RECOGNITION .................................................................................................. 2 ARTICLE 2. DEDUCTION OF DUES ..................................................................................... 3 Section 2.1. Check-off ....................................................................................................... 3 Section 2.2. Legal Services Trust Fund ............................................................................. 3 Section 2.3. Indemnification. ............................................................................................. 4 ARTICLE 3. GRIEVANCE PROCEDURE .............................................................................. 5 Section 3.1. Definition of Grievance and Time Limit for Filing ............................................. 5 Section 3.2. Grievance Procedure ..................................................................................... 5 Step 1 ............................................................................................................................ 5 Step 2 ........................................................................................................................... 5 Step 3 ............................................................................................................................ 6 Section 3.3. Binding Arbitration ......................................................................................... 6 Section 3.4. Authority of Arbitrator ..................................................................................... 6 Section 3.5. Expenses of Arbitration .................................................................................. 7 Section 3.6. Processing Grievances ................................................................................. 7 Section 3.7. Election of Remedies. ................................................................................... 7 Section 3.8. Probationary Period ...................................................................................... 7 Section 3.9. FOP Grievance Committee ............................................................................ 7 Section 3.10. Waiver of Time Limitations or Steps .............................................................. 8 ARTICLE 4. NO STRIKE AND NO LOCKOUT ...................................................................... 9 Section 4.1. No Strike ........................................................................................................ 9 Section 4.2. No Lockout .................................................................................................... 9 ARTICLE 5. MANAGEMENT RIGHTS ................................................................................. 10 ARTICLE 6. POLICE EQUIPMENT ...................................................................................... 11 ARTICLE 7. HOURS OF WORK AND OVERTIME ............................................................... 12 Section 7.1. Purpose ........................................................................................................ 12 Section 7.2. Normal Workweek ........................................................................................ 12 Section 7.3. Four-Day Workweek ..................................................................................... 12 Section 7.4. Weekly Overtime .......................................................................................... 12 Section 7.5. Distribution of Overtime Opportunity ............................................................. 13 Page 62 of 216 FOP - iii Section 7.6. No Pyramiding. .............................................................................................. 13 TABLE OF CONTENT PAGE NUMBER ARTICLE 8. WAGES AND FRINGE BENEFITS ................................................................... 15 Section 8.1. Across-the-Board Wage Increases ………………………………………………15 Section 8.2. Police Vehicle Policy .................................................................................... 15 Section 8.3. Compensation Plan ..................................................................................... 16 Section 8.4. Step and Longevity Increases ....................................................................... 18 Section 8.5. Shift Differential ............................................................................................ 18 Section 8.6. Hazardous Duty Pay .................................................................................... 19 Section 8.7. Holiday ........................................................................................................ 19 Section 8.8. Vacation Benefits .......................................................................................... 19 Section 8.9. Sick and Vacation Leave Accrual and Payment on Termination ............ ……19 Section 8.10. Sick Leave Sell Back Program ...................................................................... 20 Section 8.11 Bereavement ............................................................................................... 20 Section 8.12. Court Time Compensation ................ ……………………………………………21 Section 8.13. Out-Of-Classification Pay .................. ……………………………………………21 Section 8.14. Standby Pay ................................................................................................ 22 Section 8.15. Call-In Pay ................... ……………………………………………………………22 Section 8.16. Sunglasses and Prescription Glasses ........................................................... 22 Section 8.17. Field Training Officer ................................................................................... 22 Section 8.18. Injury Service Connected ............................................................................. 22 Section 8.19. Special Assignment Allowance .................................................................... 23 Section 8.20. Extra Weapon .............................................................................................. 24 Section 8.21. Quality of Life ............................................................................................... 24 Section 8.22. Forced Holdover .......................................................................................... 24 Section 8.23. Pension ...................................................................................................... 24 Section 8.24. Premium Pay Supplement Contingent Upon the Department Obtaining and Maintaining Certain Accreditations ..................................................................... 31 Section 8.25. Buyback of Probationary Time ...................................................................... 31 Section 8.26. "Me Too" with the IAFF ................................................................................ 32 Section 8.27. CJSTC Police Instructor Incentive Pay ........................................................ 32 ARTICLE 9. FOP HEALTH TRUST ...................................................................................... 34 Section 9.1. ......................................................................................................................... 34 Section 9.2. ......................................................................................................................... 36 Section 9.3. ......................................................................................................................... 37 Section 9.4. ......................................................................................................................... 37 Section 9.5. ......................................................................................................................... 37 Section 9.6. ......................................................................................................................... 37 Section 9.7. ........................................................................................................................ 37 Page 63 of 216 FOP - iv Section 9.8. ........................................................................................................................ 37 Section 9.9. ................ ……………………………………………………………………………38 TABLE OF CONTENT - continued PAGE NUMBER Section 9.10. Post Employment Health Program (PEHP)..……………………………………38 Section 9.11. ………….……………………………………………………………………………38 ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND…………………………………39 ARTICLE 11. GENERAL PROVISIONS Section 11.1. Safety and Health ...................................................................................... 40 Section 11.2. FOP Activity and Non-Discrimination ......................................................... 40 Section 11.3. Reduction In Work Force ........................................................................... 40 Section 11.4. Uniforms and Clothing Allowance .............................................................. 41 Section 11.5. Disclosure of Records ................................................................................ 41 Section 11.6. Transfers ................................................................................................... 41 Section 11.7. Meeting Between Parties ............................................................................ 42 Section 11.8. Negotiating Sessions ................................................................................. 42 Section 11.9. Job Descriptions ........................................................................................ 42 Section 11.10. Defense of Members ................................................................................. 42 Section 11.11. Personnel Rules and Departmental Manual ............................................... 42 Section 11.12. Incorporation of Personnel Rules ............................................................... 43 Section 11.13. Medical Leave of Absence ......................................................................... 43 ARTICLE 12. SEPARABILITY .............................................................................................. 44 ARTICLE 13. TIME BANK ..................................................................................................... 45 ARTICLE 14. DRUG TESTING .............................................................................................. 47 ARTICLE 15. DISEASE PRESUMPTION ............................................................................... 49 ARTICLE 16. PROMOTIONS ................................................................................................. 51 Section 16.1. ...................................................................................................................... 51 Section 16.2. ...................................................................................................................... 51 Section 16.3. ...................................................................................................................... 51 Section 16.4. ...................................................................................................................... 52 Section 16.5. Seniority Points ........................................................................................... 52 Section 16.6. Education Points .......................................................................................... 52 Section 16.7. Book Committee ......................................................................................... 53 Section 16.8. Written Test Scoring .................................................................................... 53 Page 64 of 216 FOP - v Section 16.9. Assessment Center or Behavioral Assessment Test Challenges ................ 53 Section 16.10. ..................................................................................................................... 54 Section 16.11. .................................................................................................................... 54 TABLE OF CONTENT - continued PAGE NUMBER ARTICLE 17. FOP PRESIDENT ............................................................................................. 55 Section 17.1. ...................................................................................................................... 55 Section 17.2. ...................................................................................................................... 55 Section 17.3. ...................................................................................................................... 56 ARTICLE 18. DETENTION OFFICERS ................................................................................. 57 ARTICLE 19. ENTIRE AGREEMENT ...................................................................................... 58 ARTICLE 20. TERM OF AGREEMENT ................................................................................... 59 ELECTION OF REMEDY FORM ............................................................................................. 60 HEARING EXAMINER RULES ……....... ................................................................................. 61 APPENDIX A – COMPENSATION PLAN ……....... ................................................................. 62 Page 65 of 216 FOP - 1 AGREEMENT THIS AGREEMENT, made and entered into this _11th_ day of _ September __, 20132016, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the "FOP"). PREAMBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bargaining unit set forth in Article 1, and has been recognized by the City pursuant to the laws of the State of Florida as the sole and exclusive bargaining representative for said employees; and WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits, and conditions of employment of the employees covered by this Agreement, and to provide for the continued and efficient operation of the City's Police Department; and to provide for an orderly and prompt method of handling and processing grievances; and WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of the Police Department; NOW, THEREFORE, the parties agree as follows: Page 66 of 216 FOP - 2 ARTICLE 1 RECOGNITION The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of wages, hours, and other terms and conditions of employment for employees in the following classifications in the Police Department (hereafter "employees"): Trainees Police Officers Sergeants of Police Lieutenant of Police Detention Officers All other employees in other existing classifications are specially excluded. Page 67 of 216 FOP - 3 ARTICLE 2 DEDUCTION OF DUES Section 2.1 – Check-off Upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to deduct biweekly FOP dues of such employees from their pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. The City shall deduct the dues from the FOP members who have authorized such a deduction in the following manner: Each member’s biweekly wages shall be reduced by the amount equal to one and one half percent (1.5%) of the annual minimum of the pay range of the Police Officer Classification, divided by twenty-six (26) pay periods. For example: The current annual minimum for the Police Officer Classification is $53,309.01. $53,309.01 x .015=$799.64 / 26 = $30.76 $30.76 shall be deducted biweekly from the member’s paycheck. The FOP shall be responsible for advising the City of any change in the percentage of dues calculation in writing. The City shall revise the calculation for each authorized deduction whenever a change to the annual minimum of the pay range of the Police Officer Classification is made, or whenever so notified in writing by the FOP of a change in the percentage. The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average run of check-offs by four (4) and multiplying the product by seven cents ($0.07). The City shall notify the FOP of the amount owed no later than September 1 of each year. The FOP shall make payment to the City no later than September 30 of each year. The FOP will notify the City in writing of the exact amount of such uniform membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any change in its dues structure or if there are additions or deletions to the established check-off list. Section 2.2 – Legal Services Trust Fund If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to take biweekly deductions from such employees from their pay and remit such deductions to the Trustee within fourteen Page 68 of 216 FOP - 4 (14) calendar days; however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions. The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if there are additions or deletions to the established Legal Services Trust Fund deduction structure. Section 2.3 – Indemnification The FOP agrees to indemnify and to hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article; provided, that the City will not be indemnified or held harmless for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP. Page 69 of 216 FOP - 5 ARTICLE 3 GRIEVANCE PROCEDURE Section 3.1 – Definition of Grievance and Time Limit for Filing A grievance is a dispute involving the interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.7 (Election of Remedies) for procedures to be utilized in particular circumstances. No grievance shall be entertained or processed unless it is submitted within twenty (20) workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving rise to the grievance or within twenty (20) workdays after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 3.2 – Grievance Procedure The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in its sole discretion not to process grievances on behalf of bargaining unit members who are not members of the FOP, provided it notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as follows: Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by the City, to the employee's unit or division commander or a designated representative, who shall answer within five (5) workdays after such receipt. The employee will also provide the FOP with a copy of said grievance. Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is brought on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired, it shall be referred in writing to the Police Chief or his designee. The Election of Remedy Form shall be completed and signed by the FOP and/or the grievant, and attached to the Step 2 grievance. The Police Chief shall discuss the grievance within ten (10) workdays with the employee and the FOP grievance committee at a time designated by the Police Chief. If no settlement is reached, the Police Chief shall give the City's written answer to the employee and the FOP grievance committee within five (5) workdays following their meeting. Page 70 of 216 FOP - 6 Step 3: If the grievance is not settled in Step 2 and both the employee and FOP grievance committee desire to appeal, or if it is a class grievance filed by the FOP and at least one employee of the named class and FOP grievance committee desire to appeal, it shall be appealed in writing to the City Manager or his designee for Labor Relations within fifteen (15) workdays after the City's answer in Step 2. A meeting between the City Manager or his designee, the employee, and the FOP grievance committee shall be held at the time designated by the City Manager within fifteen (15) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee and the FOP grievance committee within fifteen (15) workdays following the meeting. Section 3.3 – Binding Arbitration If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance committee, with the concurrence of the employee who filed the grievance, or if it is a class grievance filed by the FOP, with the concurrence of at least one employee of the named class, or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding arbitration within fifteen (15) after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within fifteen (15) workdays after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said fifteen (15), the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) workdays by a joint letter from the City and the FOP requesting that he advise the parties of his availability for a hearing. The parties may select a permanent arbitrator in lieu of the selection procedure set forth in this section. Section 3.4 – Authority of Arbitrator The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue subm itted to him in writing by the City and the FOP, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writ ing to extend said limitation. Page 71 of 216 FOP - 7 The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding. Section 3.5 – Expenses of Arbitration The fee and expenses of the arbitrator and the cost of a written transcript shall be divided equally between the City and the FOP; provided, however, each party shall be responsible for compensating its own representatives or witnesses. Section 3.6 – Processing Grievances All grievance discussions and investigations shall take place in a manner which does not interfere with the operation of the Police Department. Any time spent by the Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their working hours shall not result in a loss of earnings or benefits. Section 3.7 – Election of Remedies Disciplinary actions may be grieved (1) under the grievance/arbitration provisions contained in this Article or (2) to a Hearing Examiner, who shall be selected by utilizing the procedures outlined in Section 3.3 of this Article. A grievance involving the interpretation or application of this Agreement may be grieved solely under the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing officer shall be final & binding. The cost of a Hearing Examiner shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. Section 3.8 – Probationary Period Nothing herein shall in any way affect the discretion presently accorded the Police Chief with respect to employees in their probationary period following hire or in their probationary period following promotion. It is specifically understood by the parties that the exercise of the Police Chief's discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Newly hired employees shall remain in probationary status for twelve (12) months after completion of the Field Training Officer (FTO) program and have no right to utilize the Page 72 of 216 FOP - 8 grievance procedure for any matter concerning discharge, suspension or other discipline during such period. Employees promoted to the rank of Sergeant of Police or Lieutenant of Police shall remain in probationary status for nine (9) months after completion of the Supervisor FTO program designed by the Chief of Police, with input from the Union. In no event will the Supervisor FTO program be longer than eight (8) weeks. Section 3.9 – FOP Grievance Committee The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall notify in writing the Police Chief and the City Manager’s designee for Labor Relations of the name or names of the employee or employees serving on this committee and of any changes in the numbers of this committee. The members of this committee may not conduct any investigation while on duty without receiving the permission of the Police Chief, or in his absence, the duly authorized representative acting in his behalf; however, such permission shall not be unreasonably withheld. Department clerical personnel will not be used by the grievance committee in grievance matters. The grievance committee shall not unreasonably use other departmental resources for the purpose of conducting grievance-related work. Section 3.10 – Waiver of Time Limitations or Steps The parties may mutually agree in writing to extend any of the time limitations set forth above for the processing of grievances and may also waive any of the intermediate steps of the grievance procedure in writing. Page 73 of 216 FOP - 9 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section 4.1 – No Strike The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike, and incorporate those statutory provisions herein by reference. Section 4.2 – No Lockout The City will not lockout any employees during the term of this Agreement as a result of a labor dispute with the FOP. Page 74 of 216 FOP - 10 ARTICLE 5 MANAGEMENT RIGHTS It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but not limited to, the right to direct the work force; to plan, direct, and control all the operations and services of the Police Department; to determine the methods, means, organizations, and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict. The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers will be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty job with bargaining unit member fails. Reserve Officers shall be compensated one dollar ($1.00) per fiscal year. Page 75 of 216 FOP - 11 ARTICLE 6 POLICE EQUIPMENT The City agrees to continue the current policy of issuingissue equipment which includes four sets of class B and E uniform shirts and , pants or shorts on annual basis., footwearFootwear, leather,duty gear, department issued weapons, ammunition, handcuffs, expandable batons, light and heavy jackets, rain gear and traffic templates , shall be issued as needed. Additionally, the City will supply an initial issue whistle to all patrol officers. Replacement of w histles shall be at the officer's expense. To the extent that a flashlight is a required article of equipment, the City shall provide it. The City will reimburse employees for the cost of replacement of protective vests up to a maximum of $550.00750.00, when needed. However, effective upon ratification of this Agreement, as long as the City is a recipient of the U.S. Department of Justice Bulletproof Vest Partnership (BVP) Grant, the City will reimburse employees for the cost of replacement of protective vests up to a maximum of $750.001,000.00, when needed. If the City is no longer a recipient of the BVP Grant, then the reimbursement rate shall revert back to thebe $550.00750.00 amount. If the Department transitions to new or different types of equipment, all employees assigned with the new equipment shall receive the appropriate training in the use of said equipment and applicable training within one (1) year of the transition issuance or within a reasonable timeframe. Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability of the ammunition. Retiree Service Weapon A bargaining unit member who retires in good standing from the City shall receive his/her service firearm upon retirement or upon separation from the Police Officer Reserve Program, provided that the member does not retire in lieu of termination. The Police Chief (or designee) shall have the right to deny this benefit for any justifiable reason to be approved in conjunctions with the Human Resources Director (or designee). All bargaining unit members who retire due to in-service connected injuries/disabilities regardless of creditable years of service with the City’s Police Department shall be eligible to receive their service firearm. Any sworn employee who retires and remains as a reserve police officer shall receive his or her retiree weapon when they separate from the Police Officer Reserve Program. Page 76 of 216 FOP - 12 Note: The Chief of Police may require the wearing of body armor at any time in response to specific events or threats. When the Chief directs that it be worn, members will wear only body armor authorized or approved by the Department. Members who do not have body armor will not be required to wear any, until the Department either supplies it to them or reimburses their purchased and approved body armor. Page 77 of 216 FOP - 13 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 – Purpose This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2 – Normal Workweek The normal workweek shall consist of forty (40) hours per week and such additional time (subject to Section 7.4 and 7.5 below) as may, from time to time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. All hours scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal shift starting time will not be sent home early on such day for the purpose of avoiding overtime unless such employee is in agreement with the request to leave early; provided, however, that except as limited by Section 7.3 below, the City shall retain its right to establish and modify normal work schedules. Section 7.3 – Four-Day Workweek The City shall extend the present policy of a four (4) day workweek to all employees in the bargaining unit except employees on light duty because of injuries or illness which are not service connected. Employees who suffered a service connected injury or illness and who are permitted to work light duty may work up to thirty-two (32) weeks, measured non-consecutively from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for thirty- two (32) weeks, or a combination of both. Thereafter, the officer may be assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her light duty. Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8 work schedule shall continue on that basis. Detention Officers shall continue to work a 5-8 work schedule. Section 7.4 – Weekly Overtime For all hours actually worked in excess of forty (40) hours during an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly Page 78 of 216 FOP - 14 rate of pay. The current practice for calculating hours worked will remain in effect. Any member of the bargaining unit required to perform work outside of his/her regularly assigned shift shall receive pay at time-and-one-half their current hourly rate, subject to the provisions of the following paragraph. Effective upon ratification of this Agreement, the parties understand and agree that Sect ion 207(k) of the Fair Labor Standards Act Regulations shall apply to hours of work for employees covered under this agreement. Accordingly, the normal biweekly work period shall consist of eighty (80) hours in a fourteen (14) day period. Hours worked in excess of the eighty (80) hour biweekly work period shall be compensated at the rate of one and one-half times the employee’s regular rate of pay; however, sick leave, excluding sick leave taken under the Family and Medical Leave Act (FMLA) and court sick leave (only after having worked at least sixteen (16) consecutive hours), shall not count as hours worked for purposes of overtime calculation. Leave without pay, excluding leave taken under the Family and Medical Leave Act (FMLA), shall not count as hours worked for purposes of overtime calculation. Hours worked on an off-duty assignment shall not count as hours worked for purposes of overtime calculation. All other hours in paid status shall count as hours worked for the purposes of overtime calculation. Section 7.5 – Distribution of Overtime Opportunity a) Overtime is recognized as being of three (3) general types within the Police Department: 1. Carry-over Overtime – Overtime for work carried over from an employee's regular duty assignment (e.g., uniform officer on arrest; detectives' on-going investigations). "Carry-over Overtime" shall not be subject to equal distribution rules. 2. Staffing Overtime – Overtime due to staffing needs. Staffing Overtime shall be distributed on a rotating basis, as equally as practicably possible, among employees in the particular work unit who are qualified to perform the particular overtime work, by departmental seniority. The Staffing Overtime list must be exhausted before returning to the top of the list. Page 79 of 216 FOP - 15 Employees who are not in the particular work unit or division will not be assigned to Staffing Overtime unless reasonable attempts to assign employees from within the work unit or division have failed. 2.3. Special Event Overtime – Overtime for planned events or assignments. Special Event Overtime shall be distributed on a rotating basis, as equally as practicably possible, among all sworn employees in the Department who are qualified to perform the particular overtime work, by departmental seniority. The Chief of Police will develop and maintain a list of recurring special events. The Union President will be notified of special event pre-action and post-action meetings; his or her attendance is optional b) Records for Staffing Overtime will be maintained at the Platoon or work section level. Records for Special Event Overtime will be maintained at the Department level. c) Pay for overtime work will be paid no later than two (2) full pay periods following the pay period in which the overtime/court attendance slip is submitted and approved by the employee’s supervisor. Section 7.6 – No Pyramiding Compensation shall not be paid more than once for the same hours with the exception of the assignment of “guaranteed minimum hours” provided for in Section 8.3, entitled Call in Pay; Section 8.12, entitled Court Time Compensation; and/or Off-Duty Assignments as outlined in the Department’s Standard Operation Procedures (SOP’s); or any other guaranteed minimum hours that are established during the term of this Agreement., when the court time does not fall completely within the employee’s regular shift or assigned overtime shift. In contrast, if the court time completely falls within the employee’s regular or overtime shift, no guaranteed minimum court time hours shall be paid. Page 80 of 216 FOP - 16 ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1 – Across-the-Board Wage Increases a) Effective with the first pay period ending in October April of 20122016, there shall be no a one percent (1%) across-the-board wage increase. This across-the-board wage increase shall increase the minimums and maximums of the pay ranges for those classifications covered by this Agreement. b) Effective with the first pay period ending in October July of 20132017, there shall be no a three percent (3%) across-the-board wage increase. This across-the-board wage increase shall increase the minimums and maximums of the pay ranges for those classifications covered by this Agreement. c) Effective with the first pay period ending in October July of 20142018, there shall be a three percent (3%) across-the-board wage increase. This across-the-board wage increase shall increase the minimums and maximums of the pay ranges for those classifications covered by this Agreement. Section 8.2 – Police Vehicle Policy In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home vehicle program will continue on a phased-in process to the extent that funds are available in compliance with State and Federal law from the Police Confiscated Fund. Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within 60 days after the receipt of the State of Florida contracted bid prices (estimated in January of each year). Bargaining unit members who are participants in the Take-Home Vehicle Program as of October 1, 1997, shall continue in the Take-Home Vehicle Program as prescribed by the City Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of take-home cars shall be given to all eligible personnel by Departmental seniority. To defray the operating expense incurred by the City as a result of the non-official use of take- home vehicles, employees shall be assessed a user fee. The fee shall be based on the location of their primary residence as shown below: LOCATION BIWEEKLY FEE Miami Beach -0- Dade County (other than Miami Beach) $25.00 Broward County $30.00 Page 81 of 216 FOP - 17 Palm Beach County (as limited below) $45.00 or $75.00 The take-home vehicle program shall be available to any sworn officer who was hired before July 18th, 2001 [the ratification date of 2000-2003 Agreement] who resides in Miami-Dade or Broward County. Except as stated in this section, the take-home vehicle program shall not be available to any sworn officer who is hired on or after July 18th, 2001 [the ratification date of the 2000-2003 Agreement] (except police applicants in the background process) and resides outside of Miami-Dade County but is available to a sworn officer who is living outside Miami- Dade County and moves back to Miami-Dade County. As of July 2010, there were one hundred ten (110) cars allocated in the take home vehicle program for Broward County. Going forward, a number of vehicles to be determined (but no less than one hundred ten (110) vehicles) by the mutual agreement of the Police Chief and the FOP will be allocated for Broward County. The four (4) police officers currently residing in Palm Beach County will be allowed to retain their take home cars and will continue to pay at their current rates (i.e., the $45.00 or $75.00 that applied to each of them respectively per the terms of the 2003-2006 Agreement) for their vehicles. When each one of these four (4) employees separate from City employment, the number of Palm Beach cars will be reduced as each employee leaves. Whenever one (1) of the four (4) Palm Beach County cars is eliminated, the number of Broward County take home cars will be increased by that same number. However, effective with the pay period upon ratification of this AgreementSeptember 11, 2013, these employees will contribute an additional seven dollars ($7.00) take-home vehicle user fee for an eighteen (18) month rolling period. The additional seven dollar ($7.00) contribution will be added to the take-home vehicle user fee amounts prescribed above. Upon the completion of the eighteen (18) month rolling period, the take-home user fee will revert back to the take-home vehicle user fee that is based on the location of the employee’s primary residence as provided for above. Employees may not park their cars in a location so as to circumvent the restrictions out lined in this section. The Union agrees that each bargaining unit employee who is assigned a take-home vehicle will purchase at his or her expense an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, within 30 days of this effective date of this agreement. In addition, the employee must maintain an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, for so long as he or she is assigned a take-home vehicle. Employees who are initially assigned a take- home vehicle, subsequent to date of ratification of this agreement, shall be required to obtain and maintain an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, prior to vehicle assignment. Any employee without the required insurance coverage, as stipulated herein, may have the take-home vehicle privilege Page 82 of 216 FOP - 18 revoked at the City’s discretion. If the insurance industry no longer provides the extended non- owner coverage endorsement or non-owner auto insurance coverage, there will be a re-opener in order for the City and Union to discuss the provisions set forth in this section only. Section 8.3 – Compensation Plan a) Entry Level Pay - Hired on or after October 1, 1997 1. Police Officer a) Non-Certified Hire - A newly hired, non-certified Police Officer will be placed in the Police Officer Trainee Step 1 rate of pay while attending the Police Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination the bargaining unit employee will be placed in Police Officer Trainee Step 2 rate of pay for the duration of his/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. b) Non-Florida Certified Hire Academy Required - A newly hired, Non-Florida certified Police Officer who is required to attend the Police Academy will be placed in the Police Officer Trainee Step 2 rate of pay while attending the Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination, the bargaining unit employee will be placed in Police Officer Trainee Step 3 rate of pay for the duration of his/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. c) Certified Hire with less than one (1) year of experience - A newly hired Police Officer with less than one (1) year of experience who is not required to attend the Police Academy shall be placed in the Police Officer Trainee Step 3 rate of pay for his/her first six (6) months of service and Step A for the duration of his/her first year of service. Page 83 of 216 FOP - 19 d) Certified Hire with or greater than one (1) year but less than three (3) years of experience - A newly hired Police Officer with or greater than one (1) year but less than three (3) years of experience shall be placed in Step A for the duration of his/her first year of service. e) Certified Hire with or greater than three (3) years of experience - A newly hired Police Officer with or greater than three (3) years of experience shall be placed in Step B for the duration of his/her first year of service. 2. Detention Officer A newly hired Detention Officer will be placed in Step A of the pay scale for the duration of his/her first year of service. b) State Certification Re-examination – In the event a newly hired Police Officer who is required to take the State Certification examination fails to pass said examination, he/she shall be placed on a leave of absence without pay until such time as he/she passes the State Certification examination. Said bargaining unit employee shall sign up for the next scheduled examination in the State of Florida and take the examination at his/her expense. In the event the bargaining unit employee fails the re-examination, his/her employment with the City shall terminate. Section 8.4 – Step and Longevity Increases All step and longevity increases shall become effective on the payroll period commencing nearest the employee's anniversary date, as per current practice. A step increase shall be awarded based upon the employee receiving a satisfactory evaluation during that rating period, as per current practice. Effective April October 1, 2015, one (1) additional step (Step I) shall be added to the maximum pay range for the classifications of Police Detention Officer, Sergeant of Police and Lieutenant of Police. The additional step will increase the maximum of the range for the aforementioned classifications by five percent (5%). The minimum pay range shall remain as is and there shall be no immediate pay increase for any employees. Those employees at the maximum of the range (Step H) as of April October 1, 20142015, will move into the new step (Step I) on April October 1, 2015, with their anniversary date reflecting April 1, for the sole purpose of their annual performance reviewremaining unchanged. Thereafter, any employee in the aforementioned classifications who is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date. Page 84 of 216 FOP - 20 Section 8.5 – Shift Differential At the time this Agreement was executed, the City maintained three standard shifts of work to - wit: a first shift starting at approximately 11:00 p.m.; a second shift (also called "Day Shift") starting at approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting at approximately 3:00 p.m. If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the below formula based on the time period in which a majority of hours are worked by the employee. If a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours, effective October 1, 2006, shall be seventy-five cents ($.75) per hour. If a majority of the non-standard hours are after 11:00 p.m., all the shift differential pay for all post 11:00 p.m. hours, effective October 1, 2006 shall be one dollar ($1.00) per hour. However, effective September 30, 2015, if a majority of the non-standard shift hours are after 3:00 p.m., the shift differential pay for all post 3:00 p.m. hours shall be fifty cents ($.50) per hour, which shall be added the employee’s hourly rate; and if a majority of the non-standard hours are after 11:00 p.m., the shift differential pay for all post 11:00 p.m. hours shall be seventy-five cents ($.75) per hour, which shall be added to the employee’s hourly rate. Page 85 of 216 FOP - 21 Section 8.6 – Hazardous Duty Pay Effective April 1, 2015, all employees covered by this Agreement, shall receive Hazardous Duty Pay in the amount of one hundred ($100.00) dollars per pay period. Effective October 1, 2017, hazardous duty pay shall be increased to one hundred twenty-five dollars ($125) per pay period. Hazardous Duty Pay shall not be considered as pensionable earnings. Section 8.7 – Holidays Consistent with the City Commission holiday resolution and current department practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue. Employees shall be paid double time for all hours worked on a holiday. Employees whose regularly scheduled day off falls on a holiday shall be given another day off. The following holidays shall be recognized as follows: Holidays Recognized Date New Year’s Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25 Section 8.8 – Vacation Benefits Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Agreement shall continue. Employees shall be allowed to take vacation time off upon completion of their entry FTO program. In the event an employee is not allowed to take a vacation because of scheduling by the City, he will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to accumulate into the next calendar year pursuant to existing rules governing accumulation. However, in no event shall an employee be penalized by losing accumulated vacation time because he was unable to use it because of departmental needs. This Section shall not apply to sick leave accumulation. Section 8.9 – Sick and Vacation Leave Accrual and Payment on Termination All employees covered by this Agreement shall, under applicable ordinances, rules, and regulations, be allowed to accrue no more than 500 hours on an annual basis, and, except in accordance with provisions for postponement of vacation leave as set forth in Article 8, Section Page 86 of 216 FOP - 22 7, of this Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day vacation leave to be used in the pay period year when transferred; be permitted a maximum payment at time of termination, death, or retirement of, no more than 620 hours vacation leave and one half (1/2) of sick leave to a maximum of 600 hours. Employees shall be permitted to carry vacation hours over the five hundred (500) hour cap until March 31st of the following year. a) All members covered under this Agreement shall be entitled to a termination payout of one-half (1/2) of his/her accrued sick leave up to a maximum payout of 600 hours. Section 8.10 – Sick Leave Sell Back Program An annual sick leave sell back program, payable on a dollar for dollar basis, has been established and implemented as stated in this section, effective October 1, 2013. The annual sick leave sell back periods shall cover each of the following fiscal years: October 1, 2013, through September 30, 2014; and October 1, 2014, through September 30, 2015fiscal year, from October 1st to September 30th. Payments for each annual sick leave sell back period will be made in the last pay period in November after the closing of the applicable sell back period. The sick leave sell back program, inclusive of all provisions stipulated in this section, shall terminate on the expiration date of this agreement. The sick leave sell back program will allow qualified employees to sell back their annual sick leave accrual during the sell back period, minus any sick and emergency vacation leave utilized during the same period, to be reduced on an hour for hour basis. Leave utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave sell back amount. Effective October 1, 2016, employees who have completed twenty (20) years of service or more, before the start of the applicable sell back period, may sell back up to 136 hours minus any sick and emergency vacation leave utilized during the same period, to be reduced on an hour for hour basis. Leave utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave sell back amount. In order to qualify for participation in the sick leave sell back program, employees must: (1) Have been employed by the City throughout the entire sick leave sell back period Page 87 of 216 FOP - 23 being measured; and (2) Maintain at least three hundred (300) hours of combined accumulated sick and vacation leave, after each sell back date. Employees who have completed five (5) years of service or less, before the start of the applicable sell back period, must maintain at least two hundred (200) hours of combined accumulated sick and vacation leave, after each sell back date. The sick leave hours sold back as part of this program cannot cause the employee’s accumulated sick and vacation leave to fall below the aforementioned minimum established thresholds. Section 8.11 – Bereavement When there is a death in the immediate family (mother, father, grandparents, grandchildren, current spouse's parents, brother, sister, current spouse, children or stepchildren or domestic partner as defined in the Domestic Partner Leave Ordinance of an employee), he or she shall be allowed two four (24) days off (or four (4) scheduled work days off per death if the funeral is held outside the State of Florida) for each death for the purpose of making arrangements and/or attending the funeral, without loss of pay and without charge to accrued sick leave or vacation days of said employee. At his or her request, the employee shall be provided two (2) additional work days off, which shall be charged to the employee’s accrued sick or vacation leave bank. In such circumstances, additional time off may be granted at the discretion of the Police Chief, and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off shall be submitted in writing to the Police Chief. The City shall be responsible for funeral expenses for any employee killed in the line of duty, up to a maximum of $20,000. Section 8.12 – Court Time Compensation For attendance at court during off-duty hours for purposes related to employment with the City, employees shall be provided with time and one-half pay for such time spent at court with the following minimum hourly guarantees: a) During an employee's off-duty hours, a minimum of four (4) hours per day shall be guaranteed until September 30, 2015, at which time the minimum hours per day shall decrease to three and one-half (3 ½) hours. However, if an employee's first court appearance begins within one (1) hour of the start of his/her regularly assigned shift or Page 88 of 216 FOP - 24 ends within one (1) hour after the end of his/her regularly assigned shift, a minimum of two (2) hours per day shall be guaranteed. b) For the employee's second off-duty appearance in the same day, an additional two (2) hour minimum shall apply after the expiration of four hours (or two hours if the initial two-hour minimum was in effect). c) For the employee's third off-duty appearance in the same day, an additional one (1) hour minimum shall apply after the expiration of six hours (or four hours if the initial two-hour minimum was in effect). d) No Pyramiding. Compensation shall not be paid more than once for the same hours. Section 8.13 – Out-of-Classification Pay When an employee is assigned by the shift commander to perform at the level of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of two dollars ($2.00) higher than his/her regular rate; provided that this shall in no way constitute an obligation to assign an employee to a higher classification under any circumstances and it is recognized that the City retains the right to determine when and for how long an employee will be temporarily assigned to a higher classification. Effective October 1, 2016, the amount shall increase to three dollars ($3.00) per hour. Section 8.14 – Standby Pay When an employee is placed on standby during off-duty hours by order of the shift commander for the purpose of being available to return to duty to handle emergency crowd control or natural disasters, he will be paid one-half (1/2) of his regular base rate for all standby time up to a maximum of eight (8) full-time hours in a twenty-four (24) hour period, starting with the time he is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee is notified by order of the shift commander that the standby order is rescinded. Standby hours shall not be considered as hours worked for purposes of overtime. Section 8.15 – Call-In Pay, Investigative Supervisor Availability Pay (ISAP), and Telephone Calls a. Call-In Pay Page 89 of 216 FOP - 25 An employee who is called in to perform work outside of his normal tour of dutyregularly assigned shift will be paid a minimum of two (2) hours' compensation at the straight time hourly rate or a rate of time and one-half the regular hourly rate, subject to the provisions of Article 7.4, Weekly Overtime, except when contiguous to the employee's regular schedule. b. Investigative Supervisor Availability Pay (ISAP) Upon designation by the Chief of Police, investigative supervisors (Police Sergeants and Police Lieutenants) shall receive Investigative Supervisor Availability Pay (ISAP), which shall consist of two (2) hours’ compensation at a rate of time and one-half the regular hourly rate for each calendar week of ISAP. An employee assigned ISAP who receives one or more phone calls regarding a work-related matter, shall not be further compensated unless the time spent on such phone calls exceeds two (2) hours in the calendar week. If this occurs, the additional compensation shall be at a rate of time and one-half the regular hourly rate, for the time actually spent on the call. c. Telephone Calls An off-duty employee assigned to the Criminal Investigations Section (CIS), Accident Investigations Unit (AIU) or the Information Resources Unit (IRU), and not assigned Investigative Supervisor Availability Pay (ISAP), who receives a telephone call from a supervisor regarding a work-related matter requiring intervention from the unit he/she is assigned to (limited to CIS, AIU or IRU) shall be paid a 30-minute minimum at straight time or time and one- half the regular hourly rate, subject to the provisions of Article 7.4, Weekly Overtime, for the first off-duty call on a given day. A day shall commence at 12:00 AM and end at 11:59 PM. Subsequent calls shall be compensated on a minute-per-minute basis for the duration of that day. The employee must keep a record of the person, reason and the duration of the call. This record must be turned in within the pay period when the call was received. An off-duty employee assigned to the Patrol Division, and not assigned Investigative Supervisor Availability Pay (ISAP), who receives a telephone call from a supervisor regarding a matter t hat pertains to an investigation or incident arising from his/her most recent (last) work shift, shall be paid a 30-minute minimum at straight time or time and one-half the regular hourly rate, subject to the provisions of Article 7.4, Weekly Overtime, for the first off-duty call on a given day. A day shall commence at 12:00 AM and end at 11:59 PM. Subsequent calls shall be compensated on a minute-per-minute basis for the duration of that day. The employee must keep a record of the person, reason and the duration of the call. This record must be turned in within the pay period when the call was received. Page 90 of 216 FOP - 26 Section 8.16 – Sunglasses and Prescription Glasses The City agrees to reimburse employees for the purchase or repair of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of sixty one hundred fifty ($60.00150.00) dollars per employee in a twelve (12) month period, when they are lost or damaged while the employee is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents. Section 8.17 – Field Training Officer When an employee who has completed the field training officer program is assigned to on-duty training of a trainee or new police officer, the field training officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train. However, effective the first pay period of October 2010, those officers assigned by the Police Chief (or his designee(s)) to a Field Training Officer assignment will receive an allowance of $114.94 during each pay period that they are assigned to the Field Training Officer Program, in lieu of the current $1.00/hour (as stated above). The Police Chief, or his designee, in his sole discretion, may assign Officers to Field Training Officer (FTO) assignment.Bargaining unit employees who are assigned to the Field Training Officer (FTO) program by the Police Chief shall receive five percent (5%) of their base rate of pay on a biweekly basis, for as long as they are assigned to the program. The Chief of Police will assign, reassign, or remove FTOs at least annually. The Police Chief, or his/her designee, in his/her sole discretion, may assign Officers to Field Training Officer (FTO) assignment. Section 8.18 – Injury Service Connected (ISC) For two (2) sixteen (16) week periods, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability workers' compensation benefit received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to injuries sustained under the following circumstances: a) While on duty and entitled to be paid by the City; or b) While reasonably exercising police officer functions within the City limits of Miami Beach while off duty; or while working a departmentally sanctioned off-duty job; or c) While exercising police officer functions when there is a physical danger to a person and the employee takes reasonable action off duty in the state of Florida; or Page 91 of 216 FOP - 27 d) When operating a City vehicle, being duly authorized to do so by the City; or while on a reasonably direct travel route to or from work and home in their private vehicle while within the City limits. e) In the circumstances described above (subparagraphs 1 through 4), the City agrees that it is and will consider itself the employer and the employee the City's employee. After the advice and comments of the Police Chief and the FOP President, the City Manager, at his sole discretion, may extend the above described ISC payments beyond thirty-two (32) weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued. Section 8.19 – Special Assignment Allowance Employees assigned on a permanent basis to motorcycles or the training unit shall receive a special assignment pay of five percent (5%) of their base pay. in accordance with existing practice. Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half percent (2 ½%). Employees who are on 5-8 light duty because of non-service connected injury or illness shall not receive the special assignment pay. Employees who are on 5-8 light duty because of service-connected injury or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the injury service connected light duty employee takes off work and receives ISC payments, the employee will not receive the two and one-half percent (2-1/2%) special assignment pay for time not worked. Page 92 of 216 FOP - 28 Section 8.20 – Extra Weapon Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. Section 8.21 – Quality of Life The City agrees to continue a Quality of Life Program. The Quality of Life supplement pay shall be $67.00 per pay period for those employees participating in the program, until the first full pay period beginning after October 1, 2014, when the supplement shall decrease to $26.00 per pay period for those employees participating in the program. The Police Chief or his designee shall develop certification requirements which employees must meet to be eligible for any Quality of Life supplement payments. The Quality of Life supplement will be made available to all qualifying Bargaining Unit Members. Section 8.22 – Forced Holdover If an employee is forced to stay beyond the hours of his/her regular shift, such additional hours will be paid at double the regular rate. This provision applies to minimum staffing purposes only and does not include unexpected or special events such as, hurricanes or other acts of God, demonstrations, holiday or special events, etc. Forced Holdover will not be subject to the provisions contained in Article 7.4 Weekly Overtime calculations. Section 8.23 – Pension The pension benefits as they currently exist shall continue for all Bargaining Unit Members (except Detention Officers who are members of the City’s general employees’ pension plan), except that the City shall amend the pension plan upon ratification of this Agreement, to provide the following benefits for plan members who retire on or after September 30, 2013 (except as otherwise specified below): A. Upon completion of five (5) years of creditable service under the pension system, members may purchase additional creditable service under the system for up to two (2) years of prior military service, in increments of up to three percent (3%) per year of service for a maximum additional multiplier of six percent (6%), purchased at ten (10%) or ten-and-one-half percent (10.5%) (for new hires required to contribute 10.5% to the plan as set forth in Section G and H herein), of pensionable salary for each year of Page 93 of 216 FOP - 29 military service purchased, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee’s hourly rate at the time of purchase. B. The purchase of military service must be completed within thirty-six (36) months following a member’s completion of five (5) years of creditable service under the pension plan. If a member does not complete the purchase within the thirty-six (36) month period, he/she shall not be eligible for the purchase in the future. Upon ratification of this agreementEffective September 30, 2013, those members who have attained at least five (5) years but no more than ten (10) years of creditable service, may purchase additional military service as provided for in Section A herein, within thirty-six (36) months. If a member does not complete the purchase within the thirty-six (36) month period, he/she shall not be eligible for the purchase in the future. C. All compensation for work performed pursuant to Off-Duty Assignments, as outlined in the Department’s Standard Operating Procedures (SOP’s), shall be included in a member’s salary for pension purposes, and shall be used in the calculation of member contributions and benefits. Provided, in no event shall the value of unused sick and/or vacation time, overtime pay, and/or off-duty pay, exceed the caps presently specified in the Miami Beach Police and Fire Pension Ordinance. Effective upon ratification of this agreementSeptember 30, 2013, overtime in excess of three hundred (300) hours per year or payments for unused sick and/or vacation leave may not be included in compensation for pension purposes. D. DEFERRED RETIREMENT OPTION PLAN (DROP) 1. Eligibility – Any active employee member of the Miami Beach Police and Firefighters Pension Plan may enter into the DROP on the first day of any month following the date upon which the employee first became eligible for a normal service retirement, subject to the conditions expressed herein or as modified from time to time. 2. Conditions of Eligibility – Upon becoming eligible to participate in the DROP, an employee may elect to enter that program for a period not to exceed sixty (60) months; however, employees who entered the DROP on or before September 30, 2015, may extend their DROP participation period by twelve (12) months, for a total maximum DROP participation period not to exceed seventy-two (72) months. Employees who entered the DROP on or after October 1, 2015, but prior to the date of ratification of this Agreement, may extend their DROP participation period by up to thirty-six (36) months, for a total maximum DROP participation period not to exceed ninety-six (96) months. Employees who enter the DROP on or after the date of ratification of this Page 94 of 216 FOP - 30 Agreement will be subject to a total maximum DROP participation period not to exceed ninety-six (96) months. Notwithstanding, participation may not continue beyond the date when the employee's combined years of creditable service and time in the DROP equals 396 months for members hired prior to July 14, 2010 or or four hundred and fifty-six 408 456 months for members hired on or after July 14, 2010. Provided also that participation in DROP shall require the employee to complete and submit the following prior to start of DROP payments. a. Such forms as may be required by the Pension Board of Trustee's Plan Administrator. Election in the DROP is irrevocable once DROP payments begin. b. A waiver and an irrevocable resignation from employment with the actual date of termination being the date designated by the employee as the end of his/her DROP participation. The administration and timing of execution and delivery of the waiver and resignation forms shall meet the requirements of the Age Discrimination in Employment Act and the Older Worker's Benefits Protection Act, as same may be amended from time to time. c. Employees currently in the DROP, who meet the requirements set forth in Sections 1 and 2 above, and elect to extend their DROP participation period, must sign such forms as may be required by the Pension Board by no later than September 1, 2016. 3. Conditions of Employment for DROP Participants – Employees shall be subject to termination of employment while in DROP, to the same extent as they were in their pre-DROP status. A person who has elected the DROP remains an employee during the DROP period and receives all the benefits of being an employee during the DROP period, except any form of pension contribution. 4. Effect of DROP Participation – a) An employee's credited service and his/her accrued benefit under the Pension Plan shall be determined on the date of his/her election to participate in the DROP first becomes effective. b) The employee shall not accrue any additional credited service while he/she is a participant in the DROP, or after termination of participation in the DROP. c) A DROP participant is not eligible for disability benefits from the Plan. Page 95 of 216 FOP - 31 d) An employee may participate in the DROP only once. e) Effective with the start date of an employee's DROP participation, contributions to the Pension Plan by the employee and the normal cost contribution to the Pension Plan by the City, on behalf of the employee, shall cease. 5. Payments to DROP Account – A DROP account shall be created for each member who elects to participate in the DROP. A DROP account shall consist of amounts transferred to the DROP from the Plan, which include the monthly retirement benefits, including any future cost of living increases, that would have been payable had the member elected to cease employment and receive a normal retirement benefit upon commencing participation in the DROP, and earnings on those amounts. With the exception that those employees who entered the DROP on or after September 1, 2012, through September 29, 2013, shall continue to receive a zero percent (0%) cost of living adjustment for the third (3rd) and fourth (4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the applicable maximum five (5) year participation period. Any such employee who exits the DROP within six (6) months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherwise provided in the current pension plan. Employees who commence participation in the DROP on or after September 30, 2013, shall receive a COLA in the third (3rd) and fourth (4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the maximum five (5) year period. a. Employees who entered the DROP on or before September 30, 2015, and who choose to extend their DROP participation period by up to twelve (12) months, shall receive a zero (0%) retiree cost of living adjustment (COLA) for their sixth (6th) annual adjustment date. If these employees choose to extend their DROP participation period and separate from employment with the City at any time within the sixth (6th) year, they will not receive a retiree COLA on the sixth (6th) annual adjustment date, but will receive a retiree COLA on the seventh (7th) annual adjustment date and all annual retiree COLAs thereafter. b. Employees who entered the DROP on or after October 1, 2015, but prior to the date of ratification of this Agreement, who choose to extend their DROP participation period by up to thirty-six (36) months shall receive a zero (0%) retiree COLA for their sixth (6th), seventh (7th), and eighth (8th) annual adjustment dates. If these employees separate from employment with the City at any time within the sixth (6th), seventh (7th), Page 96 of 216 FOP - 32 or eighth (8th) year in DROP, they will not receive a retiree COLA on the annual adjustment date following their separation of employment with the City, but will receive all annual retiree COLAs thereafter. c. Employees entering the eight (8) year DROP on or after the date of ratification of this Agreement shall receive a zero (0%) retiree COLA for their sixth (6th), seventh (7th), and eighth (8th) annual adjustment dates. If these employees separate from employment with the City at any time within the sixth (6th), seventh (7th), or eighth (8th) year in DROP, they will not receive a retiree COLA on the annual adjustment date following their separation of employment with the City, but will receive all annual retiree COLAs thereafter. d. Employees hired after the date of ratification of this Agreement who enter the DROP shall receive a zero (0%) retiree COLA for their first (1st), second (2nd), third (3rd), and fourth (4th) annual adjustment dates. If these employees separate from employment with the City at any time within the first (1st), second (2nd), third (3rd), or fourth (4th) year in DROP, they will not receive a retiree COLA on the annual adjustment date following their separation of employment with t he City, but will receive all annual retiree COLAs thereafter. 5.6. DROP Account Earnings – Members may direct their DROP money to any of the investment options offered and approved by the Board. Any losses incurred by the participant shall not be made up by the City or the Pension Plan. The selection of these programs shall be made by the participant on forms provided by the Board. Any and all interest and or earnings shall be credited to the participant’s DROP account. A member's DROP account shall only be credited or debited with earnings while the member is a participant in the DROP and, depending on the DROP Account Payment Options selected, after the member dies, retires, or terminates employment with the City of Miami Beach. 6.7. Payment of DROP Account Funds – Upon termination of a member's employment (for any reason, whether by retirement, resignation, discharge, disability, or death), the retirement benefits payable to the member or to the member's beneficiary shall be paid to the member or beneficiary and shall no longer be paid to the member's DROP account. In the event of the member’s death, payment shall be made directly to the member’s Page 97 of 216 FOP - 33 beneficiary. No payments will be made from the DROP account until the member terminates employment. 7.8. DROP Account Payment Options – Following the termination of a participant's employment, the participant shall select one of the following options to begin to receive payment from his/her DROP account. Said selection shall occur no later than 30 days prior to the end of the DROP participation period or within 30 days following the termination of a participant's employment if said termination of employment occurs prior to the end of the DROP participation period: Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the DROP in a single lump sum payment. Partial Lump Sum - A member designated portion of accrued DROP benefits, plus interest, shall be paid from the DROP in a partial lump sum payment with the remainder being directly rolled over into an eligible retirement plan. Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the DROP directly to the custodian of an eligible retirement plan. Other method(s) of payment that are in compliance with the Internal Revenue Code and adopted by the Pension Board of Trustees. 8.9. Death of DROP Participant – If a DROP member dies before his/her account balances are paid out in full, the participant member's designated beneficiary shall have the same rights as the member to elect and receive the pay-out options set forth in Paragraph 8, above. DROP payments to a beneficiary shall be in addition to any other retirement benefits payable to the beneficiary. 9.10. Administration of DROP Accounts – The Pension Board of Trustees shall make such administrative rules as are necessary for the efficient operation of DROP, but shall neither create any rule that is inconsistent with the legislation creating the Drop, nor any rule that would be a mandatory subject of collective bargaining. At all times, the DROP will be administered so that the Plan remains qualified under the Internal Revenue Code and is in compliance with the Internal Revenue Code and applicable laws and regulations. Page 98 of 216 FOP - 34 10.11. If any provision of this DROP should be found invalid, unlawful, or not enforceable by reason of any existing or subsequently enacted legislation, or by judicial authority, or by an IRS regulation/ruling, the City and the Union agree to meet within 30 days of such determination for the purpose of negotiating a resolution to the invalid provision(s). In the event that provisions of the Internal Revenue Code operate to limit the benefit amount of employee coverage by the pension provision incorporated in this Agreement to an amount less than set forth in the pension Plan then the City and the Union shall negotiate a method to compensate the affected employee for the difference between the normal pension benefit and the limits allowed by the Internal Revenue Code provided that no such resolution shall jeopardize the exempt status of the Plan under the Internal Revenue Code. 11.12. A member who elects to participate in the DROP shall retain the earned balance of accrued sick and vacation leave as of date of entry into the DROP, and shall continue to earn sick and vacation leave during the DROP period, in accordance with the stipulations set forth in the collective bargaining agreement between the City and FOP. While in the DROP, the member shall have the one-time option of receiving payment for accrued sick and/or vacation leave, up to the maximum payout upon separation of employment allowed by the collective bargaining agreement between the City and FOP, provided that the employee shall retain at least one hundred twenty (120) hours of accrued sick leave after such payment. The one-time election to receive payment of leave balances shall be made in any one year of the DROP, by notifying the City no later than June 30August 31 of that year. Employees may request such payment prior to entry into the DROP, but must be in the DROP at the time of payout. Payment will be made after the firston the second pay period ending of October February of the same following year. Upon final separation from employment with the City, a member who has participated in the DROP shall be eligible to receive payment for the balance of all accrued sick and vacation leave as of the date of final separation, up to the maximum provided in the collective bargaining agreement, as reduced by the prior payout, if any. In no event shall payments for accrued sick or vacation leave be included in a member’s earnings for the purposes of the plan. E. Pension benefits for employees hired prior to July 14, 2010; all changes effective September 30, 2013, unless otherwise specified: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan, except that a member must attain the age of 47 to be eligible for “Rule of 70” retirement. Page 99 of 216 FOP - 35 3. The final average monthly earnings (FAME) shall be based on the member’s two (2) highest paid years of creditable service, prior to retirement or separation from employment. Effective September 30, 2015, the FAME shall be based on the member’s three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be two and one half percent (2.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income, with the exception that any member who attains a benefit of 85% of pensionable income or higher, as of September 30, 2013, retains the maximum benefit of 90% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten percent (10%) employee pension contribution. 8. Employees shall no longer be able to apply overtime, off -duty or any other compensation for the purposes of calculating a member’s retirement benefit that yields a benefit in excess of eleven percent (11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. This provision shall not apply to current individuals who held the rank of Police Sergeants or Police Lieutenants on September 30, 2013, or Police Officers promoted to the rank of Police Sergeant from the 2013 Certified Police Sergeant Promotional List. Effective upon ratification of this Agreement, any bargaining unit member formerly excluded from the aforementioned eleven percent (11%) cap, who self-demotes, shall no longer be able to apply overtime, off-duty or any other compensation for the purposes of calculating a member’s retirement benefit that yields a benefit in excess of eleven percent (11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. 8.9. Any employee hired prior to July 14, 2010, who completes a buyback of prior creditable service before September 30, 2013 and reaches the maximum pension benefit of 85% prior to reaching age 47, shall cease their contribution toward the pension plan on the date such employee reaches the 85% maximum pension benefit; his or her final average monthly earnings shall be frozen on the same date. F. Pension benefits for employees hired after July 14, 2010, but prior to ratification of this collective bargaining agreementSeptember 30, 2013; all changes effective September 30, 2013, unless otherwise specified: Page 100 of 216 FOP - 36 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan, except that a member must attain the age of 48 to be eligible for “Rule of 70” retirement. 3. The final average monthly earnings (FAME) shall be based on the Member’s three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be one and one half percent (1.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten percent (10%) employee pension contribution. 8. Employees shall no longer be able to apply overtime, off -duty or any other compensation for the purposes of calculating a member’s retirement benefit that yields a benefit in excess of eleven percent (11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. G. Pension benefits for employees hired on or after ratification of this collective bargaining agreement September 30, 2013, but prior to the date of ratification of this collective bargaining agreement: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan, except that a member must attain the age of 48 to be eligible for “Rule of 70” retirement. 3. The final average monthly earnings (FAME) shall be based on the Member’s five (5) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be one and one half percent (1.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten and one half percent (10.5%) employee pension contribution. 8. Employees shall no longer be able to apply overtime, off-duty or any other compensation for the purposes of calculating a member’s retirement benefit Page 101 of 216 FOP - 37 that yields a benefit in excess of eleven percent (11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. H. Pension benefits for employees hired after the date of ratification of this collective bargaining agreement: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement age shall be 52; however, under “Rule of 70” retirement, a member must attain a minimum age of 48. 3. The final average monthly earnings (FAME) shall be based on the Member’s five (5) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be one and one half percent (1.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten and one half percent (10.5%) employee pension contribution. The pension breakdowns above are for illustrative purposes and do not encompass all pension benefits afforded to respective members. The full itemization of pension benefits is available in the plan summary for the Fire and Police Pension Plan, as well as the Fire and Police Pension Ordinance. Section 8.24 – Premium Pay Supplement Contingent Upon the Department Obtaining and Maintaining Certain Accreditations. In recognition for obtaining and maintaining the accreditations described below, the following premium pay supplements will be paid under the following terms: a) All bargaining unit members shall be paid a premium pay supplement of $40.00 per pay period for as long as the Police Department maintains Accreditation by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Effective September 30, 2015, this supplement pay shall be reduced to $20.00 per pay period. Page 102 of 216 FOP - 38 b) Accreditation by the State Commission for Florida Law Enforcement. A separate conditional accreditation premium pay supplement in the amount of $10.00 per pay period shall be paid to all bargaining unit employees in the Police Department for accreditation from the State Commission f or Florida Law Enforcement, Inc. Effective October 1, 2014, this supplement pay shall be eliminated. If either of the accreditations provided for in subsections (1) or (2) above are discontinued for reasons unrelated to the action or inaction of bargaining unit members, then the supplement shall continue. Section 8.25. Buyback of Probationary Time. Employees hired prior to ratification of this agreement may elect, by written notice served on the Board of Trustees, to receive creditable pension service time for any or all of their time served as probationary police officers. In order to receive such creditable pension service time, employees should be allowed to purchase any or all of such time through the use of accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase is not made within six months of successful completion of probationary period, the amount paid shall include interest at the rate of three percent (3%) per annum excluding first six (6) months. Effective upon ratification, all newly hired employees shall participate in the pension plan upon date of hire. Section 8.26 – “Me Too” with the IAFF The FOP reserves the right to a “me too” agreement with the IAFF should the City modify the IAFF agreement on parallel issues, with the exception of Court time and Alternate Holiday Pay. Section 8.27 – CJSTC Police Instructor Incentive Pay Effective with the first full payroll period beginning after September 30, 2010, t he City will pay, under the terms stated in this section, an incentive pay of two and one-half percent (2.5%) of the officer's base pay (as stated below) for up to a maximum of fifty (50) police officers who obtain and maintain certification from the Criminal Justice Standards and Training Council (CJSTC) as Police Instructors: a) No more than fifty (50) FOP employees will be eligible to receive the two and one-half percent (2.5%) Police Instructor Certification pay. b) Additional FOP employees (up to the fifty (50) employee maximum) must be qualified for the incentive pay by meeting all of the following requirements: (1) a minimum of six (6) years of full-time experience as a certified law enforcement officer employed by a State, County or Municipal Police Department; and (2) passing the required CJSTC Page 103 of 216 FOP - 39 Police Instructor Training Course; and (3) have no record of disciplinary action during the twelve (12) month preceding the date of application for the benefit. FOP employees will qualify (not to exceed the fifty (50) employee cap) on a first come basis, based on the date of each employee’s submission of the completed written request to the Police Chief or designee. c) Newly qualified FOP employees (up to the fifty (50) maximum limit), shall start receiving their two and one-half percent (2.5%) pay on the next payroll period beginning after the FOP employee has submitted to the Police Chief (or designee) a written request that includes a copy of the CJSTC Instructor Certification, and proof that he/she has met all other requirements as set forth in this section. d) Employees shall remain solely responsible for obtaining and maintaining a State Certified CJSTC Certificate. All costs involved in obtaining and/or maintaining the certification shall remain the responsibility of the employee. Failure to have a current certification shall constitute an automatic disqualification from the two and one-half percent (2.5%) incentive pay. e) The Chief of Police may remove an employee from the CJSTC certified police instructor roster after two (2) incidents wherein the employee refuses or fails to train when requested or exhibits poor performance as a trainer. Such removal from the roster shall constitute an automatic termination of the two and one-half percent (2.5%) instructor incentive pay. After the first incident wherein the employee refuses or fails to train when requested or exhibits poor performance as a trainer, the Chief of Police shall provide notice to the employee, with a copy to the Union, advising that the second incident will result in his or her removal from the CJSTC certified police instructor roster and the cessation of the concomitant incentive pay. After the second incident, the employee shall be removed from the CJSTC certified police instructor roster and the concomitant incentive pay shall be terminated, effective on the date of the second incident. f) The value of the two and one-half percent (2.5%) incentive pay shall be determined based upon only the base wage of the officer, i.e. no additional incentives or other extra payments or benefits are included in the two and one-half percent (2.5%) pay. The total incentive pay for the Police Instructor Certification benefit will remain at two and one-half percent (2.5%) regardless of any additional certifications that the FOP employee may receive through the CJSTC. Page 104 of 216 FOP - 40 Section 8.28 – Second Language Pay Effective October 1, 2017, employees who are conversationally proficient in a second of the following languages: Spanish, Creole, Portuguese, Hebrew, French, Russian, German, Cantonese Mandarin, Italian, Czech, Korean, andor American Sign Language; shall be eligible to receive second language pay equal to two and one-half percent (2.5%) of their biweekly base pay. Proficiency will be determined by an employee obtaining a minimum rating of level 9 on the “Speaking and Listening Assessment” test administered by ALTA Language Services, Inc. via telephone and proctored by the Police Administration. The test may be scheduled with at least seven (7) work days’ notice to the Police Administration. The employee will bear the cost of paying for the test. The employee will be subject to requalification for the pay supplement every five (5) years. Second language pay shall not be considered as pensionable earnings. If ALTA Language Services, Inc., no longer administers the aforementioned types of tests, there will be a re-opener in order for the City, with Union input, to select a new testing services provider. Section 8.29 – Arson Investigator (Certified) Effective October 1, 2016, as designated by the Chief of Police, employees who perform arson investigation work and are certified by the State of Florida as arson investigators, shall receive an additional five percent (5%) of their biweekly base pay, whenever assigned to perform arson investigation work. Section 8.30 – Arson Investigator (Trainee) Effective October 1, 2016, as designated by the Chief of Police, employees who perform arson investigation work and are in the process of obtaining their certification from the State of Florida as arson investigators, shall receive an additional two and one half percent (2.5%) of their base pay whenever assigned to perform arson investigation work. Page 105 of 216 FOP - 41 Section 8.31 – Drug Recognition Expert (DRE) Effective October 1, 2016, as designated by the Chief of Police, employees certified as drug recognition experts (DRE) shall receive an additional five percent (5%) of their base pay upon receipt of their drug recognition expert certification. Page 106 of 216 FOP - 42 ARTICLE 9 FOP HEALTH TRUST Section 9.1 – For Calendar Year 2013, Tthe City will continue to fund the current contribution amount for health care. Such contribution is currently: As of January 1, 2015, the City’s current monthly contributions are: Single: $456.95573.55 Family $1,120.141,405.96 In future years, the City’s contribution shall increase based on the Miami Beach Fraternal Order of Police Insurance Trust Fund’s annual cost projections based on claims experience and administrative costs as determined by its qualified consultant and documents supporting the annual percent increase; however, the City’s increase to the current contribution amount to the health trust shall not exceed the average of the straight line percentage** increase in premiums for the City’s various medical plan options. However, at the end of each calendar year, no later than February 1, the FOP will provide the actual cost increase for the FOP Trust for the prior year. Actual costs shall include all liabilities of the Trust inclusive of administrative costs. If the payments made by the City to the FOP Trust exceeded the actual FOP trust increase for the prior year, then the excess amount paid by the City for the prior year will be subtracted from any projected cost increase for the current year. If the payments made by the City to the FOP Trust do not exceed the actual increase to the FOP Trust for the prior year, then there will be no reduction made to any projected cost increase for the current year. If the payments made by the City to the FOP Trust are equal to the actual FOP Trust for the prior year, then there will be no reduction made to any projected cost increase for the current year. Cost reductions of the Trust attributable to design changes shall not be included for purposes of calculating any credit to the City. The City shall be notified in writing of all design changes and projected cost savings associated with those changes within 30 days of the effective date of the proposed changes. Any amount over the ten month reserve shall be credited to the City. In addition, there shall be no change to the formula used to calculate the ten month reserve amount. The “ten month reserve” shall mean the sum of ten (10) times the average of the most recent twelve (12) months, plus cost and liabilities. Conversely, if the City’s renewal rate is flat, or a negative percent, then the City’s contribution to the health trust for that particular year will be based on the average percent increase of the Page 107 of 216 FOP - 43 actual cost increase for the Trust for the prior three (3) years, which shall not exceed the average of the City's straight line averages for those three (3) years. Example #1 Example #2 Example #3 (City pays more than the actual cost) (City pays less than the actual cost, but equal to the projected cost and the straight line cap) (City pays the same as the actual cost) FOP Projected Cost – 10% FOP Projected Cost – 7% FOP Projected Cost – 7% City Straight line Average – 7% City Straight line Average – 7% City Straight line Average – 7% City pays 7% City pays 7% City pays 7% Actual FOP Cost – 5% Actual FOP Cost – 10% Actual FOP Cost – 7% Credit to City – 2% No change No change (The City's straight-line average is the cap in all cases.) The City’s contribution amounts will help fund the level of benefits provided under the current plan as of the date this contract is signed*. If plan design changes cause an increase in the Trust fund premium, the City is not required to increase its contribution as a result of the plan design change. Financial disclosure reports are to be presented from the Trust to the City Manager’s designee for Labor Relations no later than July 1st of each year. Such report must include the increase percent identified by the Trust’s plan consultant for the following City fiscal year. The City understands that it will provide the final renewal rates prior to October 1st of each year. The Trust shall provide the report detailing the actual cost for the prior year no later than February 1st to the City Manager’s designee for Labor Relations. The City’s designee for Labor Relations will be notified of the annual meeting at which benefit changes are under consideration and the City shall be allowed to send a representative to that meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for purposes of that meeting. Page 108 of 216 FOP - 44 The City will make payments to the TRUST by the 15th of the month for the previous month. In order to assist the TRUST with the transition of payment dates, the City will provide a $700,000 advance amount. In the future, should the City cease payments to the TRUST, the TRUST shall reimburse the $700,000 advance to the City. *Upon ratification of this agreement, the parties shall supply each other with the current plan designs in effect for calendar year 20132016. **The straight line average is defined as the total of the percentage increase in premium for each of the City’s medical plan options divided by the number of the City’s medical plan options. In addition: a) For all current retirees and active employees on the payroll as of the date of ratification of this Agreement, all employees presently in the DROP, and all eligible dependents under the current eligibility rules, the City contribution for those current retirees and current employees who become future retirees for health coverage shall be equal to the City’s Health Trust contribution formula for active employees. Furthermore, the contributions for those current retirees and current employees who become future retirees and their eligible dependents shall be no less than the current value of the contributions for active employees and their eligible dependents. This Agreement shall be reduced to writing and made individual contracts and shall be vested benefit throughout retirement. b) Employees hired after the ratification of this AgreementJuly 14, 2010, who elect to be covered by the Miami Beach Fraternal Order of Police Insurance Trust Fund Plan, to the extent they choose to have medical benefits provided to them and their dependents during retirement, shall receive a health insurance stipend in lieu of a City contribution to the Trust on behalf of those employees after their retirement. As of September 30, 2015,Tthe stipend shall be a monthly payment equal to twenty-five dollars ($25) $27.49 per month for each year of creditable service, subject to an annual increase based on the Miami-Ft. Lauderdale All Urban Consumer Price Index (U-CPI) as of September 30th of each fiscal year thereafter. Additionally, upon separation of employment with the City, the individual’s stipend shall continue to be adjusted annually every September 30th thereafter. Section 9.2 – Page 109 of 216 FOP - 45 a) All eligible employees and their dependents described in Section 7 shall be eligible to enroll in the FOP Health Trust Plan and shall not be eligible to participate in the City Plan during their employ or retirement for so long as the FOP Trust exists. b) A non-bargaining unit sworn police officer who elects to enroll in the FOP Health Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed to be a covered employee provided he or she meets the following criteria: 1. Must be on the City Police Department Payroll at the time of enrollment; 2. Must be an FOP member for two years (or length of time in Department if less than two years) prior to enrollment, and must maintain membership throughout the period of coverage; 3. Must meet insurability criteria satisfactory to Trustees; and 4. Must make the election within thirty (30) days after appointment out of the bargaining unit. Section 9.3 – a) All covered employees and covered retirees shall be allowed to continue under the City's Dental Plan as it may exist. b) The City shall also contribute to the Trust the amount of premium it is paying for term life insurance for covered employees and covered retirees. Section 9.4 – The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the time the FOP Health Trust Plan went into effect. Section 9.5 – The City shall be provided with a copy of the FOP Health Trust Plan booklet and the Trust Agreement, and any other information required by law and shall be apprised of any changes in the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A. audit report shall be sent to the City Manager’s designee for Labor Relations and the Trust or Page 110 of 216 FOP - 46 their designee shall in a reasonable time period answer reasonable inquiries concerning the finances of the Trust. Section 9.6 – The FOP shall indemnify and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation or administration of the FOP Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability. Section 9.7 – Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed at least ninety (90) days and be on the City Police Department payroll. Section 9.8 – Employees covered by this Agreement who retire, resign, or are terminated by the City must be vested in the Police pension plan at the time of such retirement, resignation or termination in order to receive a contribution by the City towards his/her health insurance premium after such retirement, resignation or retirement. Section 9.9 – Employees in the bargaining unit shall be eligible to participate in the City's voluntary benefits plan, which may be modified by the City from time to time. The voluntary benefits plan shall be administered by the City. Section 9.10 – Post Employment Health Program (PEHP) Effective the first pay period ending in October 2013, all employees covered by this agreement shall contribute twenty-five dollars ($25.00) biweekly to the Post Employment Health Program (PEHP). Upon separation of employment from the City, or when participating in DROP, employees covered by this agreement shall contribute ten percent (10%) of their accrued leave payouts toward the PEHP. Any and all fees/costs associated with administering the PEHP shall be incurred by the FOP. In no event will the City incur any costs associated with this program. Effective upon ratification of this Agreement, the Union shall determine the required employee contribution to the PEHP. The Union will notify the City, in writing, when it desires to change the required employee contribution amounts, including the effective date of the change. The Union will provide the City with at least thirty (30) days’ notice prior to making such changes. Page 111 of 216 FOP - 47 Section 9.11 – Effective upon ratification of this agreement, and for so long a period as the federal tax code imposes a heavier tax burden upon City employees with domestic partners who elect to receive family medical and dental coverage over that of their married counterparts, the City will reimburse those employees with domestic partners who pay this heavier tax burden by adding to their biweekly pay the additional amount withheld from the employees’ pay and the amount of the additional tax assessed by the federal government upon this reimbursement. Reimbursement under this subsection shall not be considered to be pensionable income. In order to qualify, eligible employees must have registered domestic partnerships in accordance with the applicable provisions of the Miami-Dade County Code of Ordinances and the City of Miami Beach Code of Ordinances. Page 112 of 216 FOP - 48 ARTICLE 10 EDUCATIONAL LEAVE AND TUITION REFUND Subject to applicable Personnel Rules, leave ordinances and tuition practice administrative procedures, an employee may request an educational leave of absence without pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition refund program shall be continued for the term of this Agreement. Upon ratification of this Agreement, employees covered by the bargaining unit are eligible for the tuition assistance program set forth in Resolution No. 2015-28891, adopted January 14, 2015, which provides the following levels of benefit: Six Credit hours per semester for a total of twelve credits per calendar year will be reimbursed, as follows:  Approved undergraduate, community college courses and non-credit/certificate courses will be reimbursed as follows: o 80% for courses in which the employee earns an A o 60% for courses in which the employee earns a B o 40%r for courses in which the employee earns a C  Approved graduate courses will be reimbursed as follows: o 80% for courses in which the employee earns an A o 60% for courses in which the employee earns a B The levels of benefit identified above may be subject to change by the City Commission, but in no event shall be less than the levels of benefit identified below: One course per semester/trimester/quarter equivalent to three credits for a total of twelve credits per calendar year will be reimbursed, as follows: • Approved undergraduate community college courses and non-credit/certificate courses will be reimbursed at an amount not exceeding $158.25 • Approved undergraduate university courses will be reimbursed at an amount not exceeding $251.16 • Approved graduate courses will be reimbursed at an amount not exceeding $531.15 Page 113 of 216 FOP - 49 ARTICLE 11 GENERAL PROVISIONS Section 11.1 – Safety and Health The City and the FOP shall cooperate in matters of safety and health affecting the employees covered by this Agreement. Effective October 1, 2013,voluntary law enforcement fitness assessments will be conducted on a quarterly basis, in an effort to promote employee health and well-being. The shall determine the physical fitness standards measured during the assessments, as well as the passing criteria. Employees who elect to participate shall be eligible to receive a $500 non-pensionable payment for every assessment in which he or she attains a passing score. This program shall terminate on September 30, 2015, unless the Police Chief determines that the results of the program justify its continuation. Effective April 1, 2016, a voluntary law enforcement physical fitness assessment shall be established, the components of which will be mutually agreed upon between the Police Chief and the FOP President. Any employee covered by this Agreement who completes and passes the challenge shall receive a supplement of $50 per pay period. The challenge will be administered by the Police Department. It will be administered on an annual basis. An employee will have thirty (30) days from the anniversary of his completion of the assessment to schedule the next assessment (for that year). Employees must complete and pass the assessment each year in order to be eligible for continued receipt of the supplement. Physical fitness assessment pay shall not be considered as pensionable earnings. On a one-time basis for the first assessment, employees who pass the assessment shall be paid the supplement retroactive to April 1, 2016. Section 11.2 – FOP Activity and Non-Discrimination Neither the City nor the FOP shall discriminate against any employee due to that employee's membership, non-membership participation, lack of participation, or activities on behalf of, or his refraining from activity on behalf of the FOP. No employee covered by this Agreement shall be discriminated against because of race, creed, national origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws requiring affirmative action to assure equal employment opportunity. The parties will comply with the Americans with Disabilities Act. Page 114 of 216 FOP - 50 Section 11.3 – Reduction In Work Force When there is a reduction in the work force, employees will be laid off in accordance with their length of time in grade service and their ability to perform the work available and applicable veteran’s preference laws. When two or more employees have equal ability, the employee with the least amount of service will be the first one to be laid off. When the working force is increased after a layoff, employees will be recalled in the order of seniority, with employees with greater seniority recalled first. Notice of recall shall be sent to the employee at the last known address by registered mail or certified mail. If an employee fails to report to work within thirty (30) days from date of receiving notice of recall, he shall be considered to have quit. No new employee will be hired into the bargaining unit as long as any bargaining unit employee remains on lay-off status. During the course of this Agreement, no employee will be laid off and no employee will be demoted (except for disciplinary demotions). Section 11.4 – Uniforms and Clothing Allowance The City will continue its present policy concerning uniforms. The uniformed personnel’s monthly maintenance allowance shall be sixty dollars ($60.00) per month for a total of $720.00 per year to be paid out in twenty-six (26) biweekly payments. For those sworn employees assigned to work in civilian clothes, they shall receive a monthly allowance of eighty-five dollars ($85.00) per month for a total of $1,020.00 per year to be paid out in twenty-six (26) biweekly payments. When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the City will advance the employee, at his/her request, the sum of four hundred twenty five dollars ($425.00) for the purchase of clothing. The employee affected shall agree to relinquish the eighty-five dollar ($85.00) per month clothing allowance for the following five months, and shall also agree to reimburse the City for any pro-rata amount in the event of transfer, termination, resignation, or retirement prior to completion of five (5) months in the civilian clothes assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate of eighty-five dollars ($85.00) per month. Section 11.5 – Disclosure of Records Employees will not have information contained within any of their files, including an Internal Affairs file, disclosed to persons other than managerial and supervisory employees unless the person requesting such information (including home telephone number, address, etc.) shall Page 115 of 216 FOP - 51 complete and sign a "Request for Information" form and present proper identification , provided, however, that information which is made confidential by State or Federal Statute shall not be disclosed except in accordance with the requirements of law. The request form shall have provision for the name, address, and telephone number of the person requesting the information and the reason for the request. A copy of any such request form completed shall be left in the employee's personnel file and the employee shall be notified in writing via the City’s electronic mail system. Section 11.6 – Transfers It shall be the sole right of the Police Chief or his designee to transfer employees of the Department. When a transfer is a change in an employee's unit assignment, reasonable advance notice as is practicable under the circumstances shall be given. If a transfer is a permanent change in an employee's shift or days off schedule, the employee shall be notified no less than five (5) workdays prior to the transfer in order that the employee may arrange for an orderly change. The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Department or emergency conditions require that temporary changes be made with little or no advance notice. Section 11.7 – Meeting Between Parties At the reasonable request of either party, the FOP President, or his representative, and the City Manager, or his designee for Labor Relations, shall meet at a mutually agreed upon time and place to discuss matters that require immediate discussion. Section 11.8 – Negotiating Sessions Time and dates for negotiating sessions shall be mutually agreed upon. Up to three six (36) on- duty FOP representatives shall be permitted to attend negotiating sessions without loss of pay or benefits if they were otherwise scheduled to work. Section 11.9 – Job Descriptions It is understood by the parties that the duties enumerated in the job description promulgated by the City are not always specifically described and are to be construed liberally. The City agrees to notify the FOP President via electronic mail of any change in the job description of any classification in this bargaining unit. Page 116 of 216 FOP - 52 Section 11.10 – Defense of Members In the event any action for civil damages is brought against a member of the bargaining unit hereunder individually, and the City is not made a party to any such action, and if the employee hereunder is found liable and a judgment for damages is rendered against him, the City will itself or through insurance pay such damages and counsel fees for the employee providing the employee's liability results from action of the employee arising out of and in the course of his employment hereunder, and further providing that such judgment against the employee does not result from the wanton and willful action of the employee. Section 11.11 – Personnel Rules and Departmental Manual Copies of the Personnel Rules and Regulations will be kept by Majors and Captains whose copies will be available to members of the bargaining unit upon request. The manual of the Police Department is provided and available to all employees in the department electronically through PowerDMS and proposed changes in said manual will be supplied to the President of the FOP or his designated representative before implementation and an opportunity to discuss the changes will be afforded. Any changes to SOP’s shall contain a detailed legislative style description of the proposed changes. Section 11.12 – Incorporation of Personnel Rules Any personnel rules agreed upon by the parties for incorporation in this collective bargaining agreement shall be set forth in an addendum to this Agreement. The parties agree that the City’s Personnel Rules are incorporated by reference in this Agreement and made a part hereof, except where a specific Rule is in conflict with the express language of this Agreement, the language of the Agreement shall prevail. Section 11.13 – Medical Leave of Absence After this Agreement is ratified, any employee requesting time off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Police Chief's discretion. Employees may use any accumulated leave time or comp time during this leave. Page 117 of 216 FOP - 53 ARTICLE 12 SEPARABILITY If any provision of this Agreement is held to be in conflict with any law as finally determined by a court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be inoperative and subject to immediate renegotiation for a replacement provision, but the remainder of the Agreement shall continue in full force and in effect. Page 118 of 216 FOP - 54 ARTICLE 13 TIME BANK A Time Bank shall be authorized by the City of Miami Beach, whereby members of the bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank to be used as follows: (a) the President, or his designee(s), may draw from such Time Bank, thereby detaching said person(s) from the normal course of their City assigned duties in order that they may be permitted to perform duties in keeping with the obligations of the FOP to its membership, and/or (b) by FOP members pursuant to Ordinance No. 1335, and pursuant to rules and regulations to be established by the FOP that is not otherwise inconsistent with this article or Ordinance No. 1335. The FOP President, along with the Police Chief (or designee) will establish a committee of three (3) members whose purpose is to create the rules and regulations mentioned in subpart b herein. The composition of the Time Bank Committee shall be determined as follows: the FOP President shall appoint one (1) individual to serve on the Time Bank Committee; the Police Chief (or designee) shall appoint one (1) individual that shall serve on the Time Bank Committee and both the FOP President and the Police Chief shall jointly appoint one (1) active FOP bargaining unit member to serve on the Time Bank Committee. The Time Bank shall not be utilized for the purpose of attending collective bargaining sessions between the FOP and the City of Miami Beach. Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization card detailing the type and amount of time to be donated. After review by the FOP President or his representative, these cards are to be forwarded on a quarterly basis to the Police Chief for his review, and if appropriate, approval. If approved, the Police Chief will then forward this material to the Support Services Division, who shall take appropriate action to implement the provisions of this section. Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted. The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form to be supplied by the city for each employee authorized to draw from the Time Bank. Said form shall be submitted by the President at least five (5) days in advance of anticipated use. This form shall also include the statement that: "Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for any error or omissions in making said deduction or allocating the deducted time to the time pool." This request shall be reviewed by the Police Chief, or his designee, and approved subject to the manning requirements of the department. Such approval shall not be arbitrarily withheld. Such Page 119 of 216 FOP - 55 approval, once having been authorized, may be rescinded subject to the manning requirements of the department. Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s), and time used shall be in salary dollar equivalents of the employee(s) using the pool time. Time donations shall not increase in value. For purposes of computation, only base pay and longevity will be used. Time donated but not used will not be retrievable and will remain in the Time Bank for so long as this provision is effective. In the event the Time Bank is discontinued, the FOP shall be entitled to use the hours remaining pursuant to the provisions of this section. Any injury received or any accident incurred by an employee whose time is being compensated by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of the employee(s) employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended. Page 120 of 216 FOP - 56 ARTICLE 14 DRUG TESTING a) All employees are subject to random, unannounced testing for use of substances as set forth below. The use of legal controlled substances is permitted only when prescribed to the employee by a licensed health care provider and is properly used by the employee. b) Upon reasonable beliefsuspicion by a lieutenant or higher ranking officer, based upon objective factors, that an employee has used an unlawful drug as defined in Florida Statutes Section 440.102(1)(c), as that section may be amended or renumbered, and as listed herein; or has used alcohol in violation of any rule, order, policy, procedure, or law; or has intentionally misused a legal controlled substance to the extent that his or her job performance is affected,, the Police Chief or, in his absence, the Assistant Police Chief, may direct the employeeshall be directed and required to submit to a urinalysisdrug and alcohol testing. for detection of drugs. In the case of a drug test, the following conditions will be applicable: c) Testing is subject to the following conditions: 1. A split sample of the urine will be obtained so that two different laboratories to be selected by prior agreement of the City and the FOP may test the urine if desired. 2. If the employee claims that there is not a reasonable belief, based on objective factors, that the employee has used an unlawful drug, the urine will be frozen pending an expedited arbitration held before whichever of the three pre-agreed upon local arbitrators (to be selected by the City and the FOP) is first available on a rotating basis. The sole issue before the arbitrator shall be whether there was reasonable belief to direct a test as set forth above. 3. If the arbitrator finds there is not reasonable belief, the urine specimens shall not be tested and shall be discarded. 4. If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable belief basis has been made, then one urine specimen shall be tested by the laboratory selected by the parties. 5. All tests for an unlawful drugs will be by an agreed upon gas chromatography/mass spectrometry method, and the other specimen will be tested by the second agreed-to laboratory, if the employee requests. Page 121 of 216 FOP - 57 6. In the case of either or both urine tests, the cutoff shall be the nanogram threshold which shall be established by prior agreement between the parties in the Random Drug Testing Agreement. 1. An accredited, State licensed clinical testing laboratory will be selected by the City. A split specimen will be taken. If the results are positive, and the employee challenges the results, the second portion of the split specimen will be tested at another accredited, State licensed clinical laboratory of the employee’s choice and at the employee’s expense. One portion will be tested by each laboratory. All positive tests for illegal or controlled substances shall be confirmed by Gas Chromatography Mass Spectrometry (GC/MS) or equivalent testing method. 2. Testing for alcohol shall be by breath-testing unless the employee is or claims to be unable to provide an adequate sample. In such a case, a blood test will be performed. Any refusal by an employee to consent to the blood test will result in a positive result. 3. A breath alcohol level of 0.04 or higher and it’s equivalent blood test outcome shall constitute a positive result. Below are the substance categories tested for. 4. In all cases, the employee shall fully cooperate with testing, including executing any release or authorization necessary for the City to obtain the tests results. 5. The employee must provide a usable specimen/sample. Drug Initial Test Level GC/MS Confirmation Test Level Amphetamine 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine metabolites 300 ng/ml 150 ng/ml Marijuana metabolites 50 ng/ml 15 ng/ml Methadone 300 ng/ml 150 ng/ml Methaqualone 300 ng/ml 150 ng/ml Methylenedioxyamphetamine (MDA) Analogues 500 ng/ml 250 ng/ml Opiates 2000 ng/ml 2000 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Propoxyphene 300 ng/ml 150 ng/ml d) Any positive test or any refusal to submit to testing or to cooperate with testing, including executing releases or authorizations and providing multiple specimens if needed, may be grounds for termination of employment. e) This Article supersedes any agreement, memorandum of understanding, rule, procedure, or order to the extent of any conflict therewith. Page 122 of 216 FOP - 58 f) Last Chance Agreement Effective upon ratification of this Agreement, in the event an employee tests positive for either drugs or alcohol as the result of a random or reasonable suspicion drug/alcohol test, the following shall apply: At the sole discretion of the City Manager, in consultation with the Police Chief, the employee may be offered a last chance agreement; said agreement does not preclude concurrent disciplinary action. If a last chance agreement is extended to the employee, after he/she is cleared to return to work by a Substance Abuse Professional (SAP) to be selected by the City, the employee shall be subject to unannounced testing administered by the City’s Human Resources Department, for a period of no longer than two (2) years. An employee may only be eligible for one last chance agreement during his/her employment with the City. Employees who test positive a second time for drugs or alcohol as the result of an unannounced, random or reasonable suspicion drug/alcohol test, shall be terminated from employment with the City. A Substance Abuse Professional is a licensed physician, psychologist, social worker, employee assistance professional or certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. If an employee who is offered a last chance agreement has his/her certification revoked through the Florida Department of Law Enforcement, he/she shall immediately be terminated from employment with the Miami Beach Police Department and shall have no right to grieve, oppose the termination, and no right to any other position with the City. Page 123 of 216 FOP - 59 ARTICLE 15 DISEASE PRESUMPTION A. Heart Disease Presumption Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence; provided, however, that such detention or sworn officer shall have successfully passed a physical examination upon entering into such service as a detention or sworn officer, which examination failed to reveal any evidence of heart disease. If at any time this Section is placed before an arbitrator for interpretation or application, what is "satisfactory evidence" shall be determined by the arbitrator. If rights of detention or sworn officers are placed before the Bureau of Workers Compensation, then what is "satisfactory evidence" will be determined by the Bureau in accordance with Workers Compensation law. Nothing herein shall be construed to be a waiver or limitation of any benefit provided under Florida Statute 112.18. B. Infectious Disease Presumption Effective October 1, 2013, any documented post-exposure condition or impairment of health caused by Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty, subject to the following conditions, unless the contrary be shown by competent evidence. To qualify for the presumption, the following criteria must be met: There must be an on-the-job documented exposure that meets scientific standards or criteria, and the significant on-the-job exposure must be stated, in writing, by a licensed medical doctor. For example, contact with blood is not an exposure unless the employee’s skin, where the contact occurred, is not intact. Additionally, the person whose blood came into contact with the employee’s broken skin must have one of the blood borne infectious diseases considered herein. Current Employees: 1. Current employees must undergo a post-employment medical examination, administered by a qualified medical doctor to be selected by the City. The results must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or Page 124 of 216 FOP - 60 Meningococcal Meningitis. Employees who refuse to comply with this post- employment examination requirement shall not be eligible for the presumption. 2. Current employees shall be required to sign a City-approved medical release form authorizing the physician to provide the examination results directly to the City. New Employees 3. New employees, hired after ratification of this agreement, must complete a pre- employment medical examination, administered by a qualified medical doctor to be selected by the City, and the results must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis. 4. New employees, whose test results reveal evidence of any of the aforementioned infectious diseases, shall not be eligible for the presumption for the disease for which they tested positive. All current and new employees shall be tested at a health facility selected by the City. The FOP Health Trust shall incur the cost associated with testing all current employees who are members of the Health Trust; those employees who are not members of the Health Trust shall incur the cost of their testing. The City shall incur the cost of testing all employees hired after the ratification of this agreement. All medical examination results, for both current and new employees, shall be released to the City’s Risk Manager. Page 125 of 216 FOP - 61 ARTICLE 16 PROMOTIONS Section 16.1 – Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills, and ability of personnel and by seniority. A promotional examination will be given every two (2) years, unless the FOP President and the City Manager or his designee for Labor Relations mutually agrees to some other schedule. Effective with the first test given after ratification, the following revisions to Article 16 shall apply. Section 16.2 – Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a two-part examination, consisting of a validated, written test, which shall comprise fifty percent (50%) of the final examination score, and an Assessment Center or a mutually agreed upon behavioral assessment component. The Assessment levels shall have a weight of fifty percent (50%) of the total score. The written portion shall be given first and applicants for Sergeant or Lieutenant positions must successfully pass the written test with a raw score of seventy percent (70%) to be eligible, at a later date, to take the Assessment Center or the behavioral assessment component portion of the examination. Passing scores for the Assessment Center or the behavioral assessment component shall be set only by the test consultantdeveloper. If there are not a significant number of minorities promoted after the next round of promotional testing after the effective date of this Agreement, the parties will meet to review the respective weights and re-negotiate the Article, if necessary. Section 16.3 – All police officers who on the written test date have four (4) years of seniority from date of appointment to Police Officer or Police Officer Trainee, and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Sergeant's test. All Sergeants who on the written test date have two (2) years seniority from the date of appointment as Sergeant and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or before the application cutoff date and time in accordance with Personnel Rules. The City Manager or his designee for Human Resources, may refuse to permit an applicant to take the examination on the grounds of conduct disgraceful to the Department and his/her officer status; or refused advancement from probationary status. In the latter case, if at least Page 126 of 216 FOP - 62 three (3) years have elapsed since such failure of probationary advancement, such candidate will be considered qualified. Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification, he shall have access to the grievance procedure under this contract. Section 16.4 – The City Manager or his designee for Human Resources shall cause to be developed validated examinations which closely measure the knowledge, skills, and abilities of a Miami Beach Sergeant of Police and a Miami Beach Lieutenant of Police, administer such examinations, and prepare a promotional register, one for Sergeants and one for Lieutenants, containing the names of persons who have passed the test, ranked in the order of such examination scores. Promotions shall be by rank order. The FOP shall facilitate participation of bargaining unit employees in providing information in order to conduct the job analyses and develop the tests within the time frames requested by the process; provided that such participation shall be on duty time. Section 16.5 – Seniority Points a) 0.2 point shall be added to an employee's Sergeant's passing examination score for each completed year of service, to a maximum of 25 years. b) 0.25 points shall be added to an employee's Lieutenant's passing examination score for each completed year in grade as a Sergeant. Section 16.6 – Education Points a) 0.02 points shall be added to an employee's Sergeants passing examination score for each completed credit of post secondary education from an accredited institution of higher learning. b) 0.02 points shall be added to an employee's Lieutenants passing examination score for each completed credit of post secondary education from an accredited institution of higher learning. No combination of seniority and/or education points shall exceed six (6) points per employee. Seniority and education points, in accordance with the above specifications, will be added to the Page 127 of 216 FOP - 63 combined score after the candidate has successfully passed all components for the promotional examination. Veteran’s Preference points will be added after the addition of seniority and education points, in accordance with state law. Example: (Written Examination Raw Score *0.50) + (Assessment Center Score *0.50) + Education points + Seniority points + Veterans Preference points = Final Score Section 16.7 – Book Committee A committee consisting of the Human Resources Director, Police Chief, the FOP President and the test developer or their designees, along with two incumbents, one designated by the Police Chief and one designated by the FOP President, five (5) incumbents selected by the Police Chief shall select the books and test material from which technical knowledge questions on the written test and behavioral assessment componentAssessment Center will be drawn. Final selection shall be made after consultation with the test developer. Without exception, no member of the Book Committee shall be a candidate for the promotional examination for which the list is compiled. Such selection or changes therein, shall only be made after a representative of the FOP shall have a reasonable opportunity to meet and provide input on the selection process. The test material chosen for the written test and for the behavioral assessment componentAssessment Center shall be described and announced by the City to the FOP and its members at least three (3) months before such test. The provisions of the 2012-2015 collective bargaining agreement between the City and FOP shall remain in effect solely as it pertains to the book committee for the 2016/2017 Police Sergeant and Police Lieutenant promotional process. Overview, Orientation, and Preparation sessions for the written test and for the Assessment Center test or the behavioral assessment test shall be given at least thirty (30) days prior to each test. Section 16.8 – Written Test Scoring Page 128 of 216 FOP - 64 Within 24 hours after the administration of the written test, an applicant scoring session will be conducted. Each examinee will be able to review a copy of his/her own answer sheet and the scoring key (for his/her use during the review session only), with the correct response, the name of the reading source and location from which each written test question was drawn. Challenges will be written and submitted to the test developer during a minimum of two (2) post- test review sessions occurring on separate days, and conducted within ten (10) calendar days of test completion. The Human Resources Director, FOP President and the test developer or their designees shall conclusively decide all challenges based upon standard industry techniques by a majority vote. Section 16.9 – Assessment Center Test or Behavioral Assessment Test Challenges Upon completion of the determination of a score for the Assessment Center Test or the behavioral assessment test, each examinee shall be furnished with his/her test result. Human Resources shall establish a reasonable time period within which each examinee may review his/her examination at a post-test review appointment. Challenges regarding the components of this portion of the examination must be made in writing to the test developer within ten (10) calendar days after the post-test review appointment. The Human Resources Director, FOP President and the test developer, or their designees, shall conclusively decide all challenges based upon standard industry techniquesby a majority vote. For each examinee who submitted a challenge, each examinee’s own challenge and response will be available no later than eight (8) weeks after the date of the last examinee’s submission of challenges. Section 16.10 – Effective upon ratification of this Agreement, pPromotional examinations for the position of Sergeant of Police and Lieutenant of Police will be given at least once every twenty-four (24) months, so as to provide continuous active promotional lists. The City agrees to begin the promotional process no later than nine (9) months prior to expiration of a certified promotional list. Formal examination scores and a promotional list shall be certified and posted within two (2) weeks after completion of all challenges in Section 16.8 above. Promotional lists shall expire twenty-four (24) months after the certification and posting of the results of the promotional examination. Section 16.11 – In the event of same day promotions, seniority rank in the new position shall be determined, in the order of standing on the promotional list. If there is a tie in the final scores that places more than one examinee in the same position on the promotional list, these examinee’s ranking order on the promotional list shall be determined in the order of the examinee’s seniority in the rank that they presently hold (i.e., a tie score between two (2) sergeants will be determined by Page 129 of 216 FOP - 65 awarding the highest ranking to the examinee with the most seniority as a sergeant, and a tie score between two (2) officers will be determined by awarding the higher ranking to the examinee with the most seniority as an officer, etc.). Section 16.12 – Promotional Eligibility for Employees Under Investigation An employee under any type of investigation who has been relieved of duty, with or without pay, shall be removed from any promotional eligibility list and will be bypassed for promotion. Upon conclusion of the investigation: 1(a). If an employee is bypassed for promotion pursuant to this article, and the charge(s) leading to the investigation are found to be anything other than substantiated, or, if the employee receives discipline less than a one (1) day suspension without pay, he or she shall be made whole in every respect, including promotion, compensation and seniority, irrespective of whether an active eligibility list is in effect upon conclusion of the investigation, 1(b). If an employee is removed from the eligibility list pursuant to this article, and the charge(s) leading to the investigation are found to be anything other than substantiated, or, if the employee receives discipline less than a one (1) day suspension without pay, he or she shall be returned to their position on the eligibility list, provided the list is still in effect (active) upon conclusion of the investigation. 2. If the charge(s) leading to the investigation are found to be substantiated and result in discipline consisting of a one (1) day suspension without pay or greater, the employee shall continue to be removed from any promotional eligibility list and will be bypassed for promotion. In such case, the employee will be eligible to apply and compete for promotion in subsequent testing cycles without limitation. Page 130 of 216 FOP - 66 ARTICLE 17 FOP PRESIDENT Section 17.1 – The Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8, Lodge President shall have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section 17.2 below, or to conduct union business (under the conditions described in Section 17.2 below), through the use of a time bank. The FOP President shall notify the Police Chief in writing by September 15 of each contract year, whether he or she elects to utilize the 1500 hour time back provision or the D.D. provisions contained in Section 17.2 below, during the following contract year. Unused time bank hours from one contract year shall rollover to the next contract year, not to exceed a total maximum of 3000 hours per contract year. Time for attendance at negotiations for a successor agreement is addressed in Article 11.8 of this Agreement. Section 17.2 – The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall be released and detached from full time duties as a police sworn law enforcement officer while serving as Lodge President and shall be carried full-time in a pay status to be shown on the payroll as "D.D." (Detached Duty). The following conditions shall apply: a) For the purpose of recording time, the Lodge President will notify the Police Chief of all absences, including vacations, sick leave, meeting attendances, out of town trips, etc. The Lodge President shall be required to work a 40-hour workweek. b) The Lodge President will be available at the FOP office currently located at 999 11th Street, Miami Beach, Florida 33139, for consultation with the Police Department Management or the City Administrators between normal working hours. c) Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in writing, at least five (5) working days prior to the proposed change. Said notice will include the address and the telephone number of the new office for the FOP Lodge President. Page 131 of 216 FOP - 67 d) In the absence of the Lodge President, the Lodge President's designee may represent the Fraternal Order of Police. e) The FOP will not send additional employees in a pay status to attend City Commission or Personnel Board meetings without approval of the Police Chief or his designee. f) All applicable Miami Beach Police Department rules, regulations and order shall apply to the person who is the President of the Lodge and on D.D. Section 17.3 – The Management of the Miami Beach Police Department or the City Administration reserves the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. Page 132 of 216 FOP - 68 ARTICLE 18 COMPENSATORY TIME Effective upon ratification of this Agreement, employees shall no longer accrue more than 150 hours of compensatory time in a calendar year. Employees will not be permitted to have more than 240 hours of compensatory time in their time bank. Employees assigned to the Motor Unit will continue to be able to accrue 320 hours of compensatory time as per the Settlement Agreement. DETENTION OFFICERS Following ratification of this Agreement, the City shall conduct an audit of the Detention Officer classification. Page 133 of 216 FOP - 69 ARTICLE 19 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the FOP, for the duration of this Agreement, except as provided in the Florida Statutes, or as specifically excepted by provisions of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter referred to, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way limit or restrict the parties from negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any succeeding term of this Agreement. Page 134 of 216 FOP - 70 ARTICLE 20 TERM OF AGREEMENT This Agreement shall be effective as of the 1st day of October, 2012 2015 and shall remain in full force and effect until the 30th day of September, 20152018. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least thirty (30) days prior to the anniversary date it desire to modify this Agreement. EXECUTED by the parties hereto on this________ day of _______________20132016. MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH, FLORIDA OF POLICE, LODGE NO. 8 By: _______________________ By: ___________________________ Alejandro BelloRobert Jenkins Jimmy Morales FOP President City Manager By: _______________________ By: ___________________________ Kevin Millan Raymond Diaz Philip Levine FOP Secretary Mayor _________________________________ By: _______________________ Approved by Vote of the City Commission Daniel J. Oates Police Chief on the ______day of _______________, 20132016. ATTEST: _____________________________ Date ________________________ Rafael E. Granado City Clerk Page 135 of 216 FOP - 71 FRATERNAL ORDER OF POLICE FOP LODGE NO. 8 ELECTION OF REMEDY FORM Grievance No. _____________ 1._____ I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and the FOP. In making this election, I/we understand that selection of another forum, as defined by the FOP Contract, shall bar any consideration of the Grievance under the FOP collective bargaining agreement. 2._____ I/We elect to utilize another forum for my/our grievance, and in doing so, I/we understand that this election shall bar any consideration of this matter under the FOP collective bargaining agreement. _________________________________ _______________ Signature Date Subject of Grievance/Appeal: _____________________________________________ Page 136 of 216 FOP - 72 Addendum: Hearing Examiner Rules HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from disciplinary action within ten (10) days after the delivery or mailing to him/her of such written notice, by filing a written request for a hearing to the Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the following Monday. SECTION 2: DISCIPLINARY HEARINGS: (a) The City Manager or his/her designee not later than ten (10) days after receipt of such appeal, shall fix a place and time for holding a public hearing within a reasonable time thereafter. Written notice of such time and place shall be delivered or mailed promptly to both the Appellant and the Appointing Officer. Only the Hearing Examiner may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either party unless such request for continuance is received in writing by the City Manager or his designee at least ten (10) days prior to the date of said scheduled hearing of appeal. (b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant, call or request any person or records for the purpose of ascertaining the facts. (c) The Appointing Officer or a representative designated by him/her, shall have the right to be present at such hearing and to be represented by the City Attorney. (d) The Appellant shall have the right to be present at such hearing and to be represented by an attorney of his/her choice. Said attorney shall be an attorney duly admitted and licensed to practice in the State of Florida. In the event that the Appellant does not retain an attorney, said Appellant may have an advisor of his/her choice present. Such advisor shall not have the right to interrogate any witnesses or to Page 137 of 216 FOP - 73 enter objections to any testimony or evidence presented to the Hearing Examiner, nor may such advisor speak in the Appellant's behalf. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record. (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him/her. (h) The Appellant shall have the right to be confronted by his/her accuser, and the Appellant and the Appointing Officer shall each have the right to cross-examine the witnesses of the other. (i) After both the Appointing Officer and the Appellant shall have presented their testimony and evidence, the Hearing Examiner shall receive argument in summation. The Appointing Officer shall have both the opening and closing argument. (j) After the completion of closing oral argument, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. (k) Within five (5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the charges in writing. The City Manager or his/her designee shall promptly deliver or mail a copy of such findings to the Appointing Officer and to the Appellant. (l) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of the findings of the Hearing Examiner shall be filed as a Public Record in the Human Resources Department. Page 138 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H 5305 Detention Officer 41,455.44 42,699.54 43,981.34 45,299.54 46,659.08 48,059.18 49,501.14 50,987.04 1,594.44 1,642.29 1,691.59 1,742.29 1,794.58 1,848.43 1,903.89 1,961.04 19.93 20.53 21.14 21.78 22.43 23.11 23.80 24.51 5009 Lieutenant of Police 86,519.94 90,783.16 95,379.96 100,147.06 3,327.69 3,491.66 3,668.46 3,851.81 41.60 43.65 45.86 48.15 5011 Police Officer 53,104.74 55,736.98 58,539.00 61,567.74 64,595.44 67,848.04 71,156.02 74,745.84 2,042.49 2,143.73 2,251.50 2,367.99 2,484.44 2,609.54 2,736.77 2,874.84 25.53 26.80 28.14 29.60 31.06 32.62 34.21 35.94 8001 Police Officer Trainee 45,139.12 47,794.24 50,449.62 1,736.12 1,838.24 1,940.37 21.70 22.98 24.25 5010 Sergeant of Police 78,446.68 82,370.08 86,519.94 3,017.18 3,168.08 3,327.69 37.71 39.60 41.60 City of Miami Beach Compensation Plan Effective with the first pay period ending in October 2012 and October 2013 Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Page 139 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H 5305 Detention Officer 42,699.10 43,980.53 45,300.78 46,658.53 48,058.85 49,500.96 50,986.17 52,516.65 1,642.27 1,691.56 1,742.34 1,794.56 1,848.42 1,903.88 1,961.01 2,019.87 20.53 21.14 21.78 22.43 23.11 23.80 24.51 25.25 5009 Lieutenant of Police 89,115.54 93,506.65 98,241.36 103,151.47 3,427.52 3,596.41 3,778.51 3,967.36 42.84 44.96 47.23 49.59 5011 Police Officer 54,697.88 57,409.09 60,295.17 63,414.77 66,533.30 69,883.48 73,290.70 76,988.22 2,103.76 2,208.04 2,319.05 2,439.03 2,558.97 2,687.83 2,818.87 2,961.09 26.30 27.60 28.99 30.49 31.99 33.60 35.24 37.01 8001 Police Officer Trainee 46,493.29 49,228.07 51,963.11 1,788.20 1,893.39 1,998.58 22.35 23.67 24.98 5010 Sergeant of Police 80,800.08 84,841.18 89,115.54 3,107.70 3,263.12 3,427.52 38.85 40.79 42.84 City of Miami Beach Compensation Plan Effective with the first pay period ending in October 2014 Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Page 140 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H I 5305 Detention Officer 42,699.10 43,980.53 45,300.78 46,658.53 48,058.85 49,500.96 50,986.17 52,516.65 1,642.27 1,691.56 1,742.34 1,794.56 1,848.42 1,903.88 1,961.01 2,019.87 20.53 21.14 21.78 22.43 23.11 23.80 24.51 25.25 5009 Lieutenant of Police 89,115.54 93,506.65 98,241.36 103,151.47 108,309.05 3,427.52 3,596.41 3,778.51 3,967.36 4,165.73 42.84 44.96 47.23 49.59 52.07 5011 Police Officer 54,697.88 57,409.09 60,295.17 63,414.77 66,533.30 69,883.48 73,290.70 76,988.22 80,837.63 2,103.76 2,208.04 2,319.05 2,439.03 2,558.97 2,687.83 2,818.87 2,961.09 3,109.14 26.30 27.60 28.99 30.49 31.99 33.60 35.24 37.01 38.86 8001 Police Officer Trainee 46,493.29 49,228.07 51,963.11 1,788.20 1,893.39 1,998.58 22.35 23.67 24.98 5010 Sergeant of Police 80,800.08 84,841.18 89,115.54 93,571.32 3,107.70 3,263.12 3,427.52 3,598.90 38.85 40.79 42.84 44.99 Compensation Plan City of Miami Beach Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Effective April 1, 2015 Page 141 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H I 5305 Detention Officer 42,699.10 43,980.53 45,300.78 46,658.53 48,058.85 49,500.96 50,986.17 52,516.65 55,142.48 1,642.27 1,691.56 1,742.34 1,794.56 1,848.42 1,903.88 1,961.01 2,019.87 2,120.86 20.53 21.14 21.78 22.43 23.11 23.80 24.51 25.25 26.51 8001 Police Officer Trainee 46,493.29 49,228.07 51,963.11 1,788.20 1,893.39 1,998.58 22.35 23.67 24.98 5011 Police Officer 54,697.88 57,409.09 60,295.17 63,414.77 66,533.30 69,883.48 73,290.70 76,988.22 80,837.63 2,103.76 2,208.04 2,319.05 2,439.03 2,558.97 2,687.83 2,818.87 2,961.09 3,109.14 26.30 27.60 28.99 30.49 31.99 33.60 35.24 37.01 38.86 5010 Sergeant of Police 80,800.08 84,841.18 89,115.54 93,571.32 3,107.70 3,263.12 3,427.52 3,598.90 38.85 40.79 42.84 44.99 5009 Lieutenant of Police 89,115.54 93,506.65 98,241.36 103,151.47 108,309.05 3,427.52 3,596.41 3,778.51 3,967.36 4,165.73 42.84 44.96 47.23 49.59 52.07 Effective October 1, 2015 Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Page 142 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H I 5305 Detention Officer 43,126.09 44,420.33 45,753.79 47,125.11 48,539.44 49,995.96 51,496.04 53,041.82 55,693.91 1,658.70 1,708.47 1,759.76 1,812.50 1,866.90 1,922.92 1,980.62 2,040.07 2,142.07 20.73 21.36 22.00 22.66 23.34 24.04 24.76 25.50 26.78 8001 Police Officer Trainee 46,958.23 49,720.35 52,482.74 1,806.09 1,912.32 2,018.57 22.58 23.90 25.23 5011 Police Officer 55,244.86 57,983.18 60,898.12 64,048.92 67,198.64 70,582.32 74,023.61 77,758.10 81,646.00 2,124.80 2,230.12 2,342.24 2,463.42 2,584.56 2,714.70 2,847.06 2,990.70 3,140.23 26.56 27.88 29.28 30.79 32.31 33.93 35.59 37.38 39.25 5010 Sergeant of Police 81,608.08 85,689.59 90,006.69 94,507.03 3,138.77 3,295.75 3,461.80 3,634.89 39.23 41.20 43.27 45.44 5009 Lieutenant of Police 90,006.69 94,441.72 99,223.77 104,182.99 109,392.14 3,461.80 3,632.37 3,816.30 4,007.04 4,207.39 43.27 45.40 47.70 50.09 52.59 Compensation Plan City of Miami Beach Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Effective First Pay Period Ending in April of 2016 Page 143 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H I 5305 Detention Officer 44,419.88 45,752.94 47,126.40 48,538.86 49,995.62 51,495.84 53,040.92 54,633.07 57,364.73 1,708.46 1,759.73 1,812.55 1,866.88 1,922.91 1,980.61 2,040.04 2,101.27 2,206.34 21.36 22.00 22.66 23.34 24.04 24.76 25.50 26.27 27.58 8001 Police Officer Trainee 48,366.97 51,211.96 54,057.22 1,860.27 1,969.69 2,079.12 23.25 24.62 25.99 5011 Police Officer 56,902.21 59,722.68 62,725.07 65,970.39 69,214.60 72,699.79 76,244.32 80,090.84 84,095.38 2,188.55 2,297.03 2,412.50 2,537.32 2,662.10 2,796.15 2,932.47 3,080.42 3,234.44 27.36 28.71 30.16 31.72 33.28 34.95 36.66 38.51 40.43 5010 Sergeant of Police 84,056.32 88,260.28 92,706.89 97,342.24 3,232.94 3,394.63 3,565.65 3,743.93 40.41 42.43 44.57 46.80 5009 Lieutenant of Police 92,706.89 97,274.97 102,200.49 107,308.48 112,673.90 3,565.65 3,741.35 3,930.79 4,127.25 4,333.61 44.57 46.77 49.13 51.59 54.17 City of Miami Beach Compensation Plan Effective First Pay Period Ending in July of 2017 Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Page 144 of 216 Job Classification (Range) STEP 1 2 3 A B C D E F G H I 5305 Detention Officer 45,752.47 47,125.53 48,540.19 49,995.03 51,495.49 53,040.72 54,632.14 56,272.06 59,085.67 1,759.71 1,812.52 1,866.93 1,922.89 1,980.60 2,040.03 2,101.24 2,164.31 2,272.53 22.00 22.66 23.34 24.04 24.76 25.50 26.27 27.05 28.41 8001 Police Officer Trainee 49,817.98 52,748.32 55,678.94 1,916.08 2,028.78 2,141.50 23.95 25.36 26.77 5011 Police Officer 58,609.27 61,514.36 64,606.82 67,949.50 71,291.03 74,880.78 78,531.65 82,493.57 86,618.24 2,254.20 2,365.94 2,484.88 2,613.44 2,741.96 2,880.03 3,020.45 3,172.83 3,331.47 28.18 29.57 31.06 32.67 34.27 36.00 37.76 39.66 41.64 5010 Sergeant of Police 86,578.01 90,908.09 95,488.10 100,262.51 3,329.92 3,496.47 3,672.62 3,856.25 41.62 43.71 45.91 48.20 5009 Lieutenant of Police 95,488.10 100,193.22 105,266.50 110,527.73 116,054.12 3,672.62 3,853.59 4,048.71 4,251.07 4,463.62 45.91 48.17 50.61 53.14 55.80 City of Miami Beach Compensation Plan Effective First Pay Period Ending in July of 2018 Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% 5=11% Page 145 of 216 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP) This Memorandum of Understanding (MOU) is entered into this _______ day of __________________________, 2016, between the City of Miami Beach (City) and the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP). Effective upon the date of ratification of the 2015-2018 collective bargaining agreement between the City and FOP, those employees at the former maximum of the pay range for the Police Officer and Sergeant of Police ranks, Step H, who were promoted to the rank of Sergeant of Police or Lieutenant of Police between April 1, 2014 and March 31, 2015, will receive a one- time, non-recurring, step increase within the Sergeant of Police or Lieutenant of Police pay range, with their anniversary date remaining unchanged. Said employees shall remain in the new step until their next anniversary date whereupon they shall continue to progress through their respective pay range, contingent upon the employee attaining a rating of “meets expectations” or higher on his or her performance review subsequent to the step increase provided for herein, or a change in classification. Attached hereto and incorporated herein as Exhibit “A” is a list detailing the names, current step and new step for the employees affected by the above mentioned changes. CITY OF MIAMI BEACH, FLORIDA: Jimmy L. Morales, City Manager Date FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8: Robert Jenkins, President Date F:\HUMA\Labo\Contracts\FOP 2015-2018\Contract Language\TA Contract Language\DRAFT STEP I MOU (7.12.2016).docx Page 146 of 216 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP) EXHIBIT A Employee Number Employee Position Title Appointment Date Current Step New Step 16703 Burger, Jed Police Lieutenant 10/13/2014 G H 16695 Morgalo, Daniel Police Lieutenant 10/13/2014 G H 17921 Rivero, Marlen M Police Lieutenant 10/13/2014 G H 14527 Baldwin Jr., Gregory Police Lieutenant 1/5/2015 G H 16743 Ozaeta, Paul A Police Lieutenant 1/5/2015 G H 16928 Garcia, Eric Police Lieutenant 1/5/2015 G H 15543 Dohler, Andrew Police Lieutenant 3/9/2015 *F H 17219 Flanagan, Scott Police Lieutenant 3/9/2015 *F H Employee Number Employee Position Title Appointment Date Current Step New Step 14524 Soto, Amel Police Sergeant 7/28/2014 G H 18009 Garcia, Eduardo A Police Sergeant 10/13/2014 G H 15545 Taylor, Elise Spina Police Sergeant 10/13/2014 G H 15058 Torres, Alexander Police Sergeant 11/3/2014 G H 15570 Cosner, Steven Police Sergeant 11/3/2014 G H 15994 Dionne, Martin Police Sergeant 1/5/2015 *F H 17020 Ortivero, Jose Police Sergeant 3/9/2015 G H 18512 Brown, Delvin J.Police Sergeant 3/9/2015 G H 18704 Elmore, Philip R.Police Sergeant 3/9/2015 G H 18023 Martinez, Roger E Police Sergeant 3/9/2015 G H *Employees currently pending a performance review that would qualify them for a retroactive step increase to Step G, assuming they receive a rating of "meets expectations" or higher. Page 147 of 216 Resolutions - R7 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER AND WAI VING, BY 5/7THS VOTE, THE COMPETI TI VE BIDDING REQUI REMENT, FI NDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AMENDMENT NO. 4, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTI ON, TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORI DA, INC., FOR TURN-KEY OPERATI ONS AND MAINTENANCE SERVICES OF A MUNI CI PAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAI D AMENDMENT, AMONG OTHER THI NGS, INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF ONE (1) BI -DI RECTIONAL ROUTE IN SOUTH BEACH FOR A TERM OF SIXTY (60) MONTHS, COMMENCING AS OF THE ROLL-OUT DATE FOR THE LOW -FLOOR TROLLEY VEHI CLES; (2) THE ADDI TI ON OF TW ELVE (12) NEW LOW -FLOOR TROLLEY VEHICLES FOR USE I N ALL CI TY TROLLEY ROUTES; (3) A NEGOTIATED NEW HOURLY RATE FOR THE LOW-FLOOR TROLLEY VEHI CLES AND ADDITIONAL ASSOCIATED SERVI CES; (4) AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUI PMENT FOR THE LOW -FLOOR TROLLEY VEHI CLES, AS MAY BE NEEDED IN THE ADMINI STRATION’S DISCRETION, SUBJECT TO FUNDING AVAI LABILI TY; (5) I NCREASI NG THE ANNUAL COST OF THE AGREEMENT, FROM A NOT TO EXCEED COST OF $6,700,000 TO A NOT TO EXCEED COST OF $12,000,000; AND AUTHORIZING THE CITY MANAGER TO TERMI NATE THE CURRENT I NTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE SOUTH BEACH LOCAL SERVI CE I N CONNECTI ON W I TH THE NEGOTIATION OF A NEW INTERLOCAL AGREEMENT FOR THE SOUTH BEACH TROLLEY ROUTE; AND FURTHER AUTHORIZING THE MAYOR AND CI TY CLERK TO EXECUTE THE FI NAL NEGOTIATED I NTERLOCAL AGREEMENT AND THE AMENDMENT. RECOMMENDATION The City Manager recommends waiving, by 5/7ths vote, the competitive bidding requirement, finding said waiver to be in the best interest of the City, and approving Amendment No. 4 to the Agreement Page 148 of 216 between City of Miami Beach and LSF for turnkey trolley operation and maintenance services. Amendment No. 4 provides for the addition of one bi-directional South Beach Trolley route and service plan, using low-floor trolley vehicles sparsely throughout all City routes, and increasing the cost of the Agreement, in the amount not to exceed $12,000,000 annually; authorizing the City Manager to approve the purchase of additional optional equipment for the low-floor trolley vehicles, as may be needed in the Administration’s discretion and subject to funding availability; and authorizing the City Manager to terminate the current Interlocal Agreement with Miami-Dade County for the South Beach Local Service in connection with the negotiation of a new Interlocal Agreement for the South Beach trolley route; and further authorizing the Mayor and City Clerk to execute the final negotiated Interlocal Agreement and Amendment No. 4. Waiving competitive bidding for the low floor trolley vehicles will allow them to be deployed across all existing routes. If another vendor were selected, the low floor vehicles could only be used on the South Beach trolley route. ANALY SIS On April 30, 2014, the City Commission approved the award of Invitation to Bid (ITB) No. 2014-154- SR for Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, Inc. (LSF). The IT B contemplated multiple trolley routes throughout the City. While this Agreement allowed for the operation of the existing North Beach Trolley service only, it included provisions for incorporation of additional routes at the City’s sole discretion. T he cost of the original Agreement associated with the operation of North Beach Trolley service only was estimated to be $1,624,000 annually. Addition of new services/routes would require an Amendment to the Agreement and such addition would increase the total cost of the Agreement. The North Beach Trolley service started on October 29, 2014. Since its inception, the service is very well accepted by the residents and ridership has been steadily increasing. Currently, the average daily ridership on the North Beach Trolley route is over 2,500 passengers. On October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194, authorizing the Mayor and City Clerk to execute Amendment No. 3 to the Agreement with LSF, increasing the scope of the Agreement to include the addition of the operation and maintenance services for two new routes in Middle Beach (the Middle Beach loop and the Collins Link). On January 13, 2016, the City Commission adopted Resolution No. 2016-29269 approving the South Beach route and service plan and authorizing the City Manager to negotiate an Interlocal Agreement, subject to approval by the City Commission. An Interlocal Agreement for the South Beach trolley route would require the termination of the existing South Beach Local service being provided by Miami- Dade County. Any City funding currently used to fund the South Beach Local service will then be used to fund the South Beach trolley route. On May 11, 2016, during the discussion on South Beach Circulator Options, the City Commission directed the Administration to proceed with the implementation of the previously approved South Beach Trolley route and further directed the Administration to competitively procure Turnkey Trolley Operations and Maintenance Services for the South Beach Trolley route using low-floor trolley vehicles. At the July 13, 2016 City Commission meeting, during the discussion on High-Floor Trolley Vehicle Order Cancellation Impact and Options to Consider, the City Commission directed the Administration to move forward with an amendment to the existing Agreement with LSF to add the South Beach Trolley service (see Attachment A for the route map) and purchase 12 low-floor trolley vehicles while moving forward with production of all 14 modified/kneeling high-floor/rear-end wheelchair lift trolley Page 149 of 216 vehicles originally ordered for the Middle Beach Loop, Collins Link and North Beach Loop. The low- floor vehicles would be sparsely used on all trolley routes to improve accessibility for wheelchair passengers. Additionally, this option requires the waiver of the competitive bidding requirement, as the term of the South Beach Trolley route, which will be sixty (60) months from the roll-out date of the South Beach Trolley service will exceed the current term of the Agreement. The cost of the Amendment No. 4 is estimated to not exceed $5,300,000 and the total cost of the Agreement including an Amendment No. 4 was estimated to not exceed $12,000,000 annually. The current Agreement with LSF provides that the hourly rate shall be negotiated if the change in service is increased or reduced by more than 20%. It is important to note that the addition of the South Beach Loop would represent an increase of approximately 67%, from approximately 97,000 to 162,000 total operating hours per year. T he hourly rate proposed by LSF for low-floor trolley vehicles during the negotiations in October 2015 for the Middle Beach Trolley service was $78.39. As a result of more recent negotiations for the South Beach trolley service, the final hourly operating rate for low- floor trolley vehicles was reduced to $77.35 (based upon a sixty (60) month term), which represents approximately $67,000 in annual savings as compared to the previously negotiated hourly rate. During the initial IT B process, LSF was the lowest bidder and it is the current largest operator of trolley services in the area. LSF has performed satisfactorily during its operation of the Alton-West Loop and North Beach Loop, and has provided the City with a lower hourly operating rate than previously negotiated during the negotiations relating to the Middle Beach routes. The following material changes to the current Agreement with LSF are included in Amendment No. 4 (substantially in the form attached as Attachment B): 1. New Route - the addition of the trolley operation and maintenance services for the new bi- directional South Beach route, which extends from South Pointe Drive on south side to 17 and 20 Street on north and from Washington Avenue on east to Alton Road and Belle Isle on west. Ten (10) trolley vehicles will be providing service along bi-directional South Beach route. 2. New Vehicles - the addition of twelve (12) new low-floor trolley vehicles for use in connection with the operation of the South Beach route, North Beach route, and Middle Beach routes (the Middle Beach loop and the Collins link). T hese vehicles would roll-out upon all being delivered, simultaneously with the commencement of the South Beach route, but would be used sparsely on all trolley routes to improve accessibility for wheelchair passengers. Conversely, some of the high floor vehicles originally designated for the North and Middle Beach routes would be re-assigned to the South Beach route. 3. Term – the term of the Agreement is being extended to terminate 60 months as of the roll-out date of the South Beach route in order to afford LSF sufficient time to amortize the 12 new low-floor trolley vehicles to be acquired. 4. Hourly Rate for low-floor vehicles – the negotiated new hourly rate commensurate with the cost of said new low-floor trolley vehicles and associated additional services. T he final hourly rate proposed by LSF for service using low-floor trolley vehicles is $77.35. T his rate is $11.54 higher than the service using either type of high floor trolley vehicle. While the City concurs that the low-floor vehicles have increased maintenance and fuel costs and are more expensive to purchase, staff was not provided with supportive documentation for review. CONCLUSION Page 150 of 216 The Administration recommends approving the Resolution. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes T hroughout T he City FINANCIAL INFORMATION Operating Cost - If approved by the City Commission, this Amendment will result in the addition of the South Beach trolley service and acquisition/incorporation of 12 low-floor trolley vehicles to be assigned proportionally to the North Beach Trolley loop, Middle Beach Trolley loop, Collins Link and South Beach Loop to specifically improve accessibility for wheelchair passengers along all trolley routes. It is anticipated that if all 12 low-floor trolleys are in operation during all hours of operation the annual operating cost of these vehicles only would be approximately $6 million. Under this scenario, there would be a reduction of high-floor trolley vehicles in use as the total number of trolley vehicles in operation at any one time is 25. This scenario would result in the highest annual operating cost in the amount not to exceed $12,000,000 including optional equipment for 12 new low-floor trolley vehicles and special events. Optional Equipment - T his Amendment will include a provision giving authority to the City Manager to increase the cap as needed in order to secure the purchase and installation of optional equipment for new vehicles and service including, but not limited to, the GPS trackers, modems, automatic passenger counters, monitors, video system, and automated voice information systems. T he increase will be subject to budget availability. Cate gory Ope ration and Maintenance Cost Othe r Cost Original Agreement $1,624,000 N/A Amendment No. 1 (North Beach Trolley optional equipment - GPS trackers, modems, automatic passenger counters, monitors, and automated voice information systems) N/A $150,000 Amendment No. 2 (shuttle services during major events)$45,000 annually N/A Amendment No. 2 (transportation services during Centennial celebration) $100,000 during FY 2014/2015 solely N/A Amendment No. 3 (addition of Middle Beach Loop and Collins Link Trolley Service and purchase of 14 modified high- floor/kneeling trolley vehicles, extension of operating hours and purchase of optional equipment) $6,200,000 $500,000 Amendment No. 4 (addition of South Beach Trolley service and purchase of 12 low- floor trolley vehicles to be sparsely used on all trolley routes to improve accessibility for wheelchair passengers and purchase of optional equipment) $5,100,000 $200,000 Total Cost of the Trolley Agreementincluding Amendment No.4 Not to exceed $12,000,000* Page 151 of 216 *assumes up to 12 low-floor trolley vehicles and 13 high-floor trolley vehicles are in operation during all hours of operation and includes capital and operating cost of the optional equipment including, but not limited to, the GPS trackers, modems, automatic passenger counters, monitors, video system, and automated voice information systems, and special events service Funding Source – Funding for the above costs will be provided from the Transportation Fund and People’s Transportation Plan (PTP) Fund and will be appropriated in the FY2016/17 budget if approved by the City Commission. Legislative Tracking Transportation ATTACHMENTS: Description Resolution South Beach Trolley Map Page 152 of 216 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AMENDMENT NO. 4, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT, AMONG OTHER THINGS, INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF ONE (1) BI-DIRECTIONAL ROUTE IN SOUTH BEACH FOR A TERM OF SIXTY (60) MONTHS, COMMENCING AS OF THE ROLL-OUT DATE FOR THE LOW-FLOOR TROLLEY VEHICLES; (2) THE ADDITION OF TWELVE (12) NEW LOW-FLOOR TROLLEY VEHICLES FOR USE IN ALL CITY TROLLEY ROUTES; (3) A NEGOTIATED NEW HOURLY RATE FOR THE LOW-FLOOR TROLLEY VEHICLES AND ADDITIONAL ASSOCIATED SERVICES; (4) AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUIPMENT FOR THE LOW-FLOOR TROLLEY VEHICLES, AS MAY BE NEEDED IN THE ADMINISTRATION’S DISCRETION, SUBJECT TO FUNDING AVAILABILITY; (5) INCREASING THE ANNUAL COST OF THE AGREEMENT, FROM A NOT TO EXCEED COST OF $6,700,000 TO A NOT TO EXCEED COST OF $12,000,000; AND AUTHORIZING THE CITY MANAGER TO TERMINATE THE CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE SOUTH BEACH LOCAL SERVICE, IN CONNECTION WITH THE NEGOTIATION OF A NEW INTERLOCAL AGREEMENT FOR THE SOUTH BEACH TROLLEY ROUTE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED INTERLOCAL AGREEMENT AND THE AMENDMENT. WHEREAS, on April 30, 2014, the City Commission approved the award of Invitation to Bid (ITB) No. 2014-154-SR for Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, Inc. (LSF), and following the approval of the ITB, an agreement between the City and LSF was executed on May 8, 2014 (the Agreement); and WHEREAS, the Agreement provided for the operation of the existing North Beach trolley service, and included provisions for the addition of routes, at the City’s sole discretion, and for the subsequent re-negotiation of hourly rates if change in service increased or decreased by more than 20%; and WHEREAS, on July 30, 2014, the City Commission adopted Resolution No. 2014- 28708, authorizing the City to execute Amendment No. 1 to the Agreement, increasing the scope of the Agreement to include optional equipment, as well as additional automated stop announcement equipment, in an amount not to exceed $150,000; and WHEREAS, On March 18, 2015, pursuant to Resolution No. 2015-28967, the City Commission approved Amendment No. 2 to the Agreement, increasing the scope of the Page 153 of 216 Agreement, in order to accommodate additional transportation expenses needed for the City’s Centennial celebration during the 2014-2015 fiscal year in an amount not to exceed $100,000; and WHEREAS, on October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194, waiving, by 5/7th vote, the competitive bidding requirement and authorizing the Mayor and City Clerk to execute Amendment No. 3 to the Agreement with LSF, increasing the scope of the Agreement to include the addition of the operation and maintenance services for two new routes in Middle Beach (the Middle Beach loop and the Collins Link); and WHEREAS, On January 13, 2016, the City Commission adopted Resolution No. 2016- 29269, approving the South Beach route and service plan and authorizing the City Manager to negotiate an Interlocal Agreement, subject to approval by the City Commission; and WHEREAS, an Interlocal Agreement for the South Beach trolley route would require the termination of the existing South Beach Local Service being provided by Miami-Dade County and any City funding currently used to fund the South Beach Local Service will then be used to fund the South Beach trolley route; and WHEREAS, the Administration recommends executing Amendment No. 4 (the Amendment), which Amendment, among other things, will contain the following modifications to the existing Agreement: 1. New Route - the addition of the trolley operation and maintenance services for the new bi-directional South Beach route, which extends from South Pointe Drive on the south side to 17th and 20th Street on the north, and from Washington Avenue on the east to Alton Road and Belle Isle on the west. Ten (10) trolley vehicles will be providing service along the bi-directional South Beach route. 2. New Vehicles - the addition of twelve (12) new low-floor trolley vehicles for use in connection with the operation of the South Beach route, North Beach route, and Middle Beach routes (the Middle Beach loop and the Collins link). These vehicles would be used sparsely on all trolley routes to improve accessibility for wheelchair passengers. 3. Hourly Rate for Low-Floor Vehicles – the negotiated new hourly rate of $77.35, commensurate with the cost of the new low-floor trolley vehicles and the additional services for the new South Beach route. 4. Optional Equipment. This Amendment will include a provision giving authority to the City Manager to increase the cap as needed in order to secure the purchase and installation of optional equipment for new vehicles and service including, but not limited to, the GPS trackers, modems automatic passenger counters, monitors, video systems, and automated voice information system. The increase will be subject to budget availability; and WHEREAS, funding, in the amount not to exceed $12,000,000 per year, for the anticipated costs of the operation of the North Beach Loop, Collins Link, Middle Beach Loop and South Beach Loop will be provided from the Transportation Fund and People’s Transportation Plan (PTP) Fund; and WHEREAS, LSF was the lowest bidder during the ITB process, is the current largest operator of trolley services in the area, has performed satisfactorily during its operation of the Page 154 of 216 South Beach and North Beach routes, and has provided the City with a lower rate than previously negotiated during the negotiations relating to the Middle Beach routes; and WHEREAS, at the July 13, 2016 City Commission meeting, the state of the trolley vehicles for the City’s routes was discussed and the City Commission directed the Administration to pursue the third option presented, of waiving the competitive bidding requirement with respect to the South Beach route, and further approving Amendment No. 4 to the current Agreement for the purchase of low-floor trolley vehicles based upon the new negotiated hourly rate; and WHEREAS, the Administration recommends authorizing the City Manager to terminate the current Interlocal Agreement for the South Beach Local Service with Miami-Dade County, in connection with the negotiation of a new Interlocal Agreement for the approval of the South Beach route; and WHEREAS, the City Manager recommends waiving, by 5/7ths vote, the competitive bidding requirement, finding said waiver to be in the best interest of the City, and approving Amendment No. 4, substantially in the form attached to this Resolution as Exhibit “A”. 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 accept the recommendation of the City Manager and waive, by 57ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve Amendment No. 4, substantially in the form attached to this Resolution, to the Agreement, dated May 8, 2014, between the City and Limousines of South Florida, Inc., for turn-key operations and maintenance services of a municipal trolley system for the City of Miami Beach; said Amendment, among other things, increasing the scope of the Agreement to include the following: (1) the addition of one (1) bi-directional route in South Beach for a term of sixty (60) months, commencing as of the roll-out date for the low-floor trolley vehicles; (2) the addition of twelve (12) new low-floor trolley vehicles for use in all City trolley routes; (3) a negotiated new hourly rate for the low-floor trolley vehicles and additional associated services; and (4) increasing the annual cost of the Agreement, from a not to exceed cost of $6,700,000 to a not to exceed cost of $12,000,000; authorize the City Manager to approve the purchase of additional optional equipment for the low-floor trolley vehicles, as may be needed in the Administration’s discretion, subject to funding availability; and authorize the City Manager to terminate the current Interlocal Agreement with Miami-Dade County for the South Beach Local Service, in connection with the negotiation of a new Interlocal Agreement for the South Beach trolley route; and further authorize the Mayor and City Clerk to execute the final negotiated Interlocal Agreement and the Amendment. PASSED and ADOPTED this ______ day of July, 2016. ATTEST: __________________________________ PHILIP LEVINE, MAYOR _______________________________ RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2016\July\Transportation\Transit Related\Amendment No. 4 to Turnkey Trolley Operations and Maintenance Services Agreement RESO.doc Page 155 of 216 î $1 $1 WASHINGTON AVECOLLINS AVE17th St @ Convention Center Dr Lincoln Rd@ Washington Ave 18th St@ Purdy Ave DADE BLVD1 S T S T 1 6 T H S T 21ST ST EUCLID AVE9 T H S T 1 4 T H S T 14TH ST OCEAN DRLENOX AVEMICHIGAN AVE1 3 T H S T V E N E T I A N W A Y 2ND ST 3 R D S T BEACH WALKMERIDIAN AVEPARK AVE6 T H S TSTAR ISLAND DR1 8 T H S T 1 8 T H S T BRIDGE RD1 9 T H S T 1 9 T H S T 1 9 T H S T DREXEL AVEWEST AVEE S P A N O L A W A Y S P O I N T E D R WASHINGTON AVEW 2 2 N D S T 12TH ST 5 T H S TPURDY AVE7 T H S T JAMES AVEL I N C O L N R DISLAND A V E 10TH ST 22ND ST 24TH ST 20TH ST20TH S T 23RD ST 1 7 T H S T 8TH ST 1 5 T H T E R ALTON RD1 5 T H S TJEFFERSON AVEJEFFERSON AVEW 2 1 S T S T W 2 1 S T S T LIBERTY AVELIBERTY AVEFISHER ISLAND FERRY RD L I N C O L N R D W PROMENADE STCONVENTION CENTER DRWASHINGTON AVE1 1 T H S TALTON RD4TH STWEST AVEµAttachment: South Beach Trolley Map 0 0.50.25 Miles Legend Middle Beach Loop South Beach Loop Blue Route Green Route Belle Isle Extension (Limited Service) î Water Taxi Stop $1 Middle Beach Loop Connection Public Park Page 156 of 216 Re solutions - R7 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:A RESOLUTION ACCEPTING THE CI TY MANAGER’S RECOMMENDATION OF AECOM TO MODIFY THE METHODOLOGY FOR CALCULATING THE EQUI VALENT RESIDENTIAL UNIT (ERU) FOR STORMWATER UTILITY USAGE, AND DIRECTI NG THE CI TY ADMINI STRATION TO DRAFT AN ORDINANCE AMENDING CHAPTER 110 OF THE CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION FROM 791 TO 849 SQUARE FEET OF IMPERVIOUS AREA. RECOMMENDATION Adopt the Resolution. ANALY SIS The City's utility rates are structured to collect the necessary revenues to meet operating and maintenance costs of the inf rastructure, to cover debt service for bonds, and to maintain adequate operating fund reserves. At its September 10, 2014 meeting, the City Commission adopt an ordinance, on first reading, to amend Chapter 110, of the Miami Beach City Code adjusting the stormwater utility rates. Following the first reading of the aforesaid ordinance, the City Commission discussed having received e-mails from several residents questioning the veracity of the City’s stormwater rate methodology, while others wondered whether the rates proposed were fairly apportioned (Some thought that single f amily homeowners should pay more, while others thought condominiums should pay less or that those living in mostly f looded areas should pay more). The City Attorney stated that the City’s current rate calculation was calculated in 1996 and, at that time, based upon an analysis and report prepared by the City’s Consultant (at that time CH2M Hill). At its September 30, 2014 meeting, the City Commission approved on second reading and public hearing, Ordinance No. 2014-3898, amending stormwater utility rates f or Fiscal Year 2014/15. As a result of these discussions, the City has enlisted the assistance of AECOM, the City’s f looding and sea level rise consultant, to review the current stormwater rate methodology. The current stormwater methodology utilizes an allocation of the Equivalent Residential Unit (ERU). One ERU presently equates to 791 square feet of impervious area and is the base unit of all residential units throughout the City. This measurement serves as the common index to Page 157 of 216 compare runof f generated by each property. The ERU is developed using a statistical sampling of residential parcels which totals the impervious area including the building footprint and any additional impervious areas such as driveways, walkways, porches, decks, etc. For billing purposes, residential units are considered the same regardless of whether it is a condominium or a single family dwelling. Each residential property is assessed equally. Non-residential customers are charged a stormwater fee by taking the actual impervious area and dividing it by the 791 square f eet. The total number of current ERU’s is 110,265. The annual revenue requirement is then divided by the total number of ERU’s to determine the required rate. At the Mayor ’s Blue Ribbon Panel on Sea Level Rise meeting on May 31, 2016, a presentation was provided by AECOM reviewing the present methodology and providing alternatives to modify the current method. The Panel voiced concerns with the proposed method and offered suggestions to be incorporated prior to the method moving f orward. At the Finance and Citywide Projects Committee (FCW PC) meeting on June 17, 2016, a presentation was made by AECOM on the current and proposed methodologies. The basis for the change was the revised value of the ERU from 791 square feet to 849 square feet, which was derived by an analysis of residential properties including condominiums. Theref ore, due to the increase in the square f ootage, the stormwater fees would result in some shift of revenue requirements from non-residential properties to residential properties. Several tiers of residential properties were presented f rom small to very large properties and their subsequent calculated annual f ee based on current rates. There was concern expressed by the Committee that there appeared to be too large an increase on the medium single f amily residence. The recommendation of the FCWPC was to review the methodology that was presented taking into account the concerns discussed, f or staf f to meet individually with each Commissioner prior to the next Commission meeting; and put an item on the agenda for the City Commission’s consideration. AECOM has modif ied their recommendations to address the concerns raised at the FCWPC. The proposed ERU remains the same at 849 square feet of impervious area. However, the single family home class has been reduced f rom f our tiers to only two tiers. This means that the majority of the single family homes will remain as a single ERU while those with the largest impervious footprint will be measured and calculated. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description Resolution Attachment Page 158 of 216 Page 159 of 216 Page 160 of 216 Page 161 of 216 Page 162 of 216 Page 163 of 216 Page 164 of 216 Page 165 of 216 Page 166 of 216 Page 167 of 216 Page 168 of 216 Page 169 of 216 Page 170 of 216 Page 171 of 216 Page 172 of 216 Page 173 of 216 Page 174 of 216 Page 175 of 216 Resolutions - R7 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE INDIAN CREEK STORM WATER I MPROVEMENTS FROM 26TH TO 41ST STREET PROJECT UTILI ZI NG THE COMPETITIVELY BID NATI ONAL JOINT POW ERS ALLI ANCE (NJPA) COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES W I TH THE GORDIAN GROUP. RECOMMENDATION The Administration recommends approving the Resolution. ANALY SIS Prior to October, 2012, the City acquired construction services for many small or emergency construction projects through a Job Order Contracting process (JOC) that enabled facility owners to accomplish a large number of repairs, maintenance and construction projects with a single, competitively bid contract eliminated the time and expense of completing the normal design-bid-construct cycle for each project. Prior to the award of these contracts, the City selected one of several available comprehensive catalogs of construction tasks established by one of several national organizations, such as RS Means or the Gordian Group. The catalogs contain almost every imaginable construction task possible and a unit of measure and cost for each construction task. Contractors were required to competitively bid an adjustment factor (e.g. 1.15) to be applied to a comprehensive catalog of almost every imaginable construction tasks with pre-set unit prices. The prospect of continuing work keeps the contractor motivated to provide timely, responsive, and high quality work. Since the fall of 2012, the City has been without a methodology f or expediting construction and infrastructure projects. This is especially problematic f or smaller projects and projects related to unplanned emergency work f or which releasing independent solicitations is not operationally feasible and causes unnecessary delays. To address this problem, as authorized by Florida Statutes, the Finance and City-Wide Projects Committee (the “Committee”) endorsed a recommendation by the Administration to utilize the indefinite quantity contract (I QC) for construction services to expedite the delivery of construction projects under $250,000 or for emergency projects as approved by the City Manager. The Committee’s endorsement of the IQC process for small and emergency projects was approved by the City Commission on April Page 176 of 216 23, 2014. The IQC process is similar to the previously used process by the City but with tighter controls, including a limit on design, additional competition on certain items and a small project threshold that limits exposure. The IQC process is used extensively by the local, state and f ederal 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 I QC contract for construction services competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group. At its March 9, 2016 meeting, the City commission approved Resolution 2016-29332 approving an agreement between the City and Florida Department of Transportation (FDOT) for the cost sharing of a construction project on I ndian Creek Drive from 26th to 41st Streets. The infrastructure improvements will include a new storm water drainage system, pump station and seawall. The existing roadway, curbs, gutters and sidewalks will be elevated to meet new flood elevation requirements. Driveways, light poles, signals, signage and pavement markings will be replaced to match the new roadway alignment and configuration. Due to complexity and urgency of this project, the administration recommends engaging David Mancini and Sons, Inc. as the construction f irm responsible in constructing the storm water drainage system which will include the trunk line plus the drainage structures with the intention of providing the f irst line of defense against high tides. Currently, I ndian creek serves as a major evacuation route during an emergency event. The construction project incorporates large diameter storm drain pipes of approximately 72 inches diameter, interconnecting existing outfalls and installation of drainage structures at all street end. The intent is to control the intrusion of the water from King Tides. The work will be open cut along the entire project. The storm water drainage Improvements to be completed by the end of this summer includes installing approximately 1500 linear feet of 72” pipe, 400 linear feet of 36” pipes, and a total of 15 drainage structures to be installed, one at each street end; traffic control and all ancillary and miscellaneous work. I n order to expedite the process, the Public W orks Department contacted the Procurement Department to request the use of the NJPA cooperative contractor procurement process to build the project and has chosen DMSI, Inc. based on reliability, good work, timely completion and within budget to provide a proposal to build the improvements. Based on the City Engineer (Engineer of Record) designer's opinion of probable construction cost of work necessary to be preformed by the end of this summer f or this project is $3,000,000. Staff considers this amount to be fair and reasonable. Additional work to complete the drainage work for the project is estimated to be an additional four to six million dollars and this request will be submitted in the next few months f or approval. The completion of this work is part of an overall project estimated to be a total of over twenty-f ive million dollars to construct seawalls, stormwater pump station and the raising of I ndian Creek Drive from 26th to 41st Street with a section of Collins Avenue f rom 25th Street with a section of Collins Avenue from 25th Street to 26th Street. Several of the interconnecting streets between Indian Creek Drive and Collins Avenue will be included for improved drainage. Page 177 of 216 This project surpassed the $250,000 threshold limit approved by the City Commission for projects through the NJPA IQC contract award. Accordingly, in order to move forward with the completion of this project, due to the leaks and deterioration of this line, approval is required to exceed the $250,000 project threshold limit which includes 10% contingency, for a project total not to exceed $3,000,000. The project supports the KIO of maintaining the City’s infrastructure. CONCLUSION The Administration recommends approving the Resolution. Amount 1 $3,000,000 Account 1 429-0815-061357-00-48-517-00-00-00- C1601 Legislative Tracking Public Works ATTACHMENTS: Description UPDAT ED Resolution Resolution Page 178 of 216 RESOLUTION NO. _____________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO 41ST STREET (PROJECT), HAVING AN ESTIMATED CONSTRUCTION COST OF $3,000,000, INCLUDING A 10 PERCENT CONTINGENCY, AND FURTHER AUTHORIZING THE CITY MANAGER TO PROCURE PROJECT CONSTRUCTION SERVICES UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP. WHEREAS, prior to October, 2012, the City acquired construction services for many small or emergency construction projects through a Job Order Contracting process; and WHEREAS, Job Order Contracting (JOC) is a contracting methodology that enables facility owners to accomplish a large number of repairs, maintenance and construction projects with a single, competitively bid contract; and WHEREAS, since the Fall of 2012, the City has not utilized the JOC methodology and therefore currently has no similar system in place for expediting construction and infrastructure projects; and WHEREAS, as an alternative to the JOC process, the Finance and Citywide Projects Committee (the “Committee”) endorsed a recommendation by the Administration to utilize the indefinite quantity contract (IQC) for construction services to expedite the delivery of construction projects under $250,000, or for emergency projects, as approved by the City Manager; and WHEREAS, the Committee’s endorsement of the IQC process for small and emergency projects was approved by the City Commission on April 23, 2014; and WHEREAS, 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; and WHEREAS, on January 15, 2014, via Resolution No 2014-28462, the City Commission authorized the Administration to utilize cooperative awards by National Joint Powers Alliance (NJPA) pursuant to Section 2-369 of the Miami Beach City Code, which authorizes the City Manager to make awards exceeding $50,000 when said award is resulting from cooperative agreements; and WHEREAS, the City, as a governmental agency member, is authorized to utilize the IQC contract for construction services competitively awarded by NJPA to the Gordian Group; and WHEREAS, in an effort to expedite this project, the administration recommends that under the NJPA IQC contract awarded to the Gordian Group, that a purchase order be issued to David Mancini and Sons, Inc. as the construction firm responsible in constructing the storm water drainage system which will include the trunk line plus the drainage structures with the intention of providing the first line of defense against King tides; and WHEREAS, the Project is now expected to exceed the $250,000 threshold limit Page 179 of 216 approved by the City Commission for projects through the NJPA IQC contract award; and WHEREAS, accordingly, in order to move forward with this Project and in order to provide protection against high tide flooding along Indian Creek from 26th to 41st street, approval is required to exceed the $250,000 project threshold limit which includes 10% project contingency, for a Project total not to exceed $3,000,000; and WHEREAS, the City Engineer is acting as the Engineer of Record. The City Engineer’s opinion of probable construction cost of work is $3,000,000 and staff considers this amount to be fair and reasonable; and WHEREAS, structures have long lead time and work needs to begin prior the next committee meeting in order to have any progress related to the king tides in the fall. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the Indian Creek Storm Water Improvements from 26th to 41st Street (Project), having an estimated construction cost of $3,000,000, including a 10 percent contingency, and further authorizing the City Manager to procure the project construction services utilizing the competitively bid National Joint Powers Alliance (NJPA) Cooperative Contract for construction services with the Gordian Group. PASSED AND ADOPTED this 13nd day of July, 2016. ATTEST: ________________________ ________________________ Philip Levine, Mayor Rafael E. Granado, City Clerk Page 180 of 216 RESOLUTION NO. _____________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO 41ST STREET (PROJECT), HAVING AN ESTIMATED CONSTRUCTION COST OF $3,000,000, INCLUDING A 10 PERCENT CONTINGENCY, AND FURTHER AUTHORIZING THE CITY MANAGER TO PROCURE THE PROJECT CONSTRUCTION SERVICES UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP. WHEREAS, prior to October, 2012, the City acquired construction services for many small or emergency construction projects through a Job Order Contracting process; and WHEREAS, Job Order Contracting (JOC) is a contracting methodology that enables facility owners to accomplish a large number of repairs, maintenance and construction projects with a single, competitively bid contract; and WHEREAS, since the Fall of 2012, the City has not utilized the JOC methodology and therefore currently has no similar system in place for expediting construction and infrastructure projects; and WHEREAS, as an alternative to the JOC process, the Finance and Citywide Projects Committee (the “Committee”) endorsed a recommendation by the Administration to utilize the indefinite quantity contract (IQC) for construction services to expedite the delivery of construction projects under $250,000, or for emergency projects, as approved by the City Manager; and WHEREAS, the Committee’s endorsement of the IQC process for small and emergency projects was approved by the City Commission on April 23, 2014; and WHEREAS, 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; and WHEREAS, on January 15, 2014, via Resolution No 2014-28462, the City Commission authorized the Administration to utilize cooperative awards by National Joint Powers Alliance (NJPA) pursuant to Section 2-369 of the Miami Beach City Code, which authorizes the City Manager to make awards exceeding $50,000 when said award is resulting from cooperative agreements; and WHEREAS, the City, as a governmental agency member, is authorized to utilize the IQC contract for construction services competitively awarded by NJPA to the Gordian Group; and WHEREAS, in an effort to expedite this project, the administration recommends that under the NJPA IQC contract awarded to the Gordian Group, that a purchase order be issued to David Mancini and Sons, Inc. as the construction firm responsible in constructing the storm water drainage system which will include the trunk line plus the drainage structures with the intention of providing the first line of defense against King tides; and WHEREAS, the Project is now expected to exceed the $250,000 threshold limit Page 181 of 216 approved by the City Commission for projects through the NJPA IQC contract award; and WHEREAS, accordingly, in order to move forward with this Project and in order to provide protection against high tide flooding along Indian Creek from 26th to 41st street, approval is required to exceed the $250,000 project threshold limit which includes 10% project contingency, for a Project total not to exceed $3,000,000. 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 approve the Indian Creek Storm Water Improvements from 26th to 41st Street (Project), having an estimated construction cost of $3,000,000, including a 10 percent contingency, and further authorizing the City Manager to procure the project construction services utilizing the competitively bid National Joint Powers Alliance (NJPA) Cooperative Contract for construction services with the Gordian Group. PASSED AND ADOPTED this 13nd day of July, 2016. ATTEST: ________________________ ________________________ Philip Levine, Mayor Rafael E. Granado, City Clerk Page 182 of 216 Re solutions - R7 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:July 20, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA CALLI NG FOR A SPECIAL ELECTI ON TO BE HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MI AMI BEACH, FLORIDA AN ADVISORY, NON- BI NDING STRAW BALLOT QUESTI ON ASKING WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPI NG THE SALE AND CONSUMPTI ON OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRI VE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR I NDOOR PORTIONS OF ALCOHOLI C BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY W I THIN HOTELS. ANALY SIS Pursuant to the request of Mayor Philip Levine, the following advisory, non-binding straw ballot question has been prepared for a Special Election to be held in the City of Miami Beach on November 8, 2016. The proposed ballot question asks whether the Mayor and City Commission should adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., f or alcoholic beverage establishments located on Ocean Drive between 5th and 15th Streets, except f or indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels. Legislative Tracking Of f ice of the City Attorney Sponsor Mayor Philip Levine ATTACHMENTS: Description Page 183 of 216 Resolution Exhibit A - Miami Beach Precincts List - March 15, 2016 Page 184 of 216 RESOLUTION NO. ______________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPING THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016, for the purpose of submitting to the electorate the advisory, non-binding straw ballot question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. Page 185 of 216 SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit “A”.1 SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election (“Notice”) shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: 1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of polling places for the City’s November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of polling places from the City’s March 2016 Special Election, which upon receipt from the County, will be superseded by the Department of Elections’ list of polling places for the City’s subject November 8, 2016 Special Election, which list of polling places for the City’s November 8, 2016 Special Election will be publicly noticed by the City. Page 186 of 216 Advisory, Non-binding Straw Ballot Question Alcohol regulations for Ocean Drive between 5th - 15th Streets Should the Mayor and City Commission adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for alcoholic beverage establishments located on Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? ___________ YES ___________ NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8, 2016, hereby called, shall be in substantially the following form: OFFICIAL BALLOT Advisory, Non-binding Straw Ballot Question Alcohol regulations for Ocean Drive between 5th - 15th Streets Should the Mayor and City Commission adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for alcoholic beverage establishments located on Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? ___________ YES ___________ NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical Page 187 of 216 or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami- Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the ballot measure set forth above Page 188 of 216 in this Resolution 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 said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this _______ day of ___________________, 2016. ATTEST: _______________________________ Mayor Philip Levine _______________________________ Rafael E. Granado, City Clerk (Sponsored by Mayor Philip Levine) F:\ATTO\KALN\BALLOT QUESTION\Straw Ballot re Alcohol on Ocean Drive 5-15th Streets RESO.docx Page 189 of 216 PROPOSED BALLOT QUESTION NOVEMBER 8, 2016 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION: Advisory, Non-binding Straw Ballot Question Alcoholic regulations for Ocean Drive between 5th - 15th Streets Should the Mayor and City Commission adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for alcoholic beverage establishments located on Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? ___________ YES ___________ NO Page 190 of 216 Page 191 of 216 New Busine ss and Com mission Re quests - R9 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner John Elizabeth Aleman DAT E:July 20, 2016 SUBJECT:RECONSIDERATI ON OF AGENDA ITEM R7S (LIGHT RAIL MODERN STREETCAR PROJECT) APPROVED AT THE JULY 13, 2016 CITY COMMI SSI ON MEETI NG. ANALY SIS On July 13, 2016, the City Commission approved Agenda I tem R7S, and authorized negotiations for an interim agreement with the top-ranked firm, Greater Miami Tramlink Partners, for a Light Rail/Modern Streetcar Project. I was on the prevailing side, and would like to move to reconsider. Legislative Tracking Commissioner John Elizabeth Aleman Page 192 of 216 New Busine ss and Com mission Re quests - R9 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:DISCUSSION I TEM ON COLLI NS PARK PARKI NG GARAGE OPTI ONS. ANALY SIS At the July 13, 2016 Commission meeting, the Mayor and Commission made a motion rejecting the unsolicited proposal for the Collins Park Garage received June 7, 2016. I n order to move forward with a parking garage for the Collins Park area, the Administration is seeking direction from the Mayor and Commission regarding the following options: • Pursue a design-build procurement f or a parking garage with a workforce housing component and spanning both City lots east and west of Liberty Avenue pursuant to the programming plan presented to the Mayor and Commission at the June 8, 2016 Commission meeting (attached); or • Pursue a design-build procurement for a parking garage on the City lot west of Liberty Avenue and issue an RFP f or a Public-Private-Partnership for workforce housing and artist studios on the City lot east of Liberty Avenue. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes T hroughout T he City Legislative Tracking Of f ice of the City Manager ATTACHMENTS: Description June 8, 2016 Agenda Item Page 193 of 216 City of Miomi Beoch, I700 Convenlion Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: June 8,2016 SUBIECT: DISCUSSION REGARDING THE C NS PARK PARKING GARAGE PROJECT BACKGROUND On April 13, 2016, the City Commission requested that the Professional Services contract with Zaha Hadid/BBA joint venture be terminated after deliberation of the final valued engineered redesign of the Collins Park Parking Garage Project submitted on March 31,2016. The Commission directed administration to proceed with a new solicitation for professional services forthe design and construction of a new parking garage that would meet the City's parking needs and that could include retail component, art galleries, art anchor tenants, workforce housing for artists, and a beautiful wrapped shell design. The directive also included coordination with the Collins Park Neighborhood Association and all affected neighborhoods. ANALYSIS The administration is moving forward with a design-build method of procurement. On April 20, 2016, the City issued a Request for Qualification (RFa)for the selection of a Consultant to prepare Design Criteria Packages (DCP) for several Parking Garages. A consulting firm is scheduled to be selected at the June 8, 2016 Commission Meeting. The selected Consultant will be tasked to prepare a DCP that would include concise performance-oriented specifications for the Collins Park Parking project. The purpose of the DCP is to furnish sufficient information to allow Design-Build (DB) firms to provide a response to the City's Request for Proposals (RFP) for Design-Build services. The process to prepare the DCP is estimated to be 90 days and the award to a DB firm is anticipated to be presented at the January 2017 Commission meeting. The DB firm will be required to seek all necessary City approvals during the design process. The timeline for completion of the project is anticipated for Fall 2018. The Parking Garage design is anticipated to be a conventional parking garage structure wrapped with an aesthetically pleasing architectural element. The parking structure is to include bicycle storage, scooter stalls and car charging stations, retail areas and a workforce housing component that may include common areas for gatherings. The parking garage structure will be designed to accommodate the potential conversion from parking use to affordable housing, workforce housing or other uses should parking demand decline in the future. Based on the available Project Budget of $27 million, staff recommends allocating for design and construction a range of $21 to $22 million and $5 to $6 million for other professional and administrative costs. ln order to prepare the Design Criteria Package, staff is seeking direction from Commission on the following items: Finished Floor Elevation - Staff recommends Base Flood Elevation +3 (BFE+3). 1. Minimum parking space requirement - Staff recommends 400 spaces minimum, 500 spaces preferred, if budget allows.2. Minimum retail area requirement - Staff recommends 25,000 S.F. minimum. 3. Type of Workforce or Artist Housing requirements - Staff recommends 20 micro units (500 S.F.) with common areas as required.4. Minimum requirements for art studios (lf applicable) - Staff recommends 5,000 S.F. minimum within the retail area.5. Design the new garage to a maximum of 75' height - This will require a waiver of land development regulations.6. Design garage to accommodate conversion to other uses, should parking demand decline in the furture. 7. Liberty Avenue - Staff recommends to convert to a pedestrian mall with an open plaza area. CONCLUSION Staff is requestfrO direction on moving fonauard based on the items presented. JL*fl€'ffi( Agenda ltem Rt DDate-?.tIT T:\AGENDA\2016\June\ClP\CollinsParkGarage\CollinsParkGarage.Memo.doc 1154 Page 194 of 216 THIS PAGE INTENTIONALLY LEFT BLANK 1155 Page 195 of 216 New Busine ss and Com mission Re quests - R9 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 SUBJECT:DISCUSSION REGARDING FUNDING FOR THE AIR AND SEA SHOW. ANALY SIS Pursuant to the direction of the City Commission at the July 13, 2016 meeting, a copy of the agreement between the City and the Air and Sea Show is attached. The City Manager will provide an oral report at the meeting. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As A World Class Destination Legislative Tracking Tourism, Culture, and Economic Development Sponsor Mayor Philip Levine ATTACHMENTS: Description Air and Sea Show Agreement Page 196 of 216 AGREEMENT THIS AGREEMENT is entered into on thisi day of Fe-0 r c)-4j. , 2016, 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 the "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 into 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 Definitions 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. Page 1 Page 197 of 216 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 his/her designee. In the day to day oversight and administration of this Agreement, and except where otherwise provided herein, 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. e. "City Manager" means the City of Miami Beach's City Manager. f. "City Commission" means the City of Miami Beach City Commission. g. "Event Impact Areas" means the areas outside of the Event Site that are directly impacted by the Event. The Event Impact Areas shall be determined by the City Manager, in his sole discretion; provided, however, that the City Manager may (but shall not be obligated to) consult with Applicant prior to making his determination. In the event of a disagreement between Applicant and the City regarding the Event Impact Areas, the City Manager's decision shall be final and binding upon the parties as to the determined Event Impact Areas. h. "Event Period" means the dates of Memorial Day Weekend annually and throughout the Term of this Agreement. The Air and Sea Show shall take place 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 Period as a practice day for performers and equipment utilized 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 and the Applicant, and, if revised, any new Event Period shall be memorialized as a formal written amendment to this Agreement, which shall be further subject to approval by the City Commission. i. "Breakdown" shall mean the use of heavy equipment, machinery or vehicles in the deconstruction of the Event structures. "Event Site" means the area within the City used to hold the Event and shall generally refer to the area east of Ocean Drive, from 5 th Street — 15 th Street, limited by the waterline and the Maintenance of Traffic ("MOT") Plan. The Event Site is more specifically described in Exhibit "A" hereto. k. "Maintenance of Traffic Plan" or "MOT Plan" shall have the meaning given to such term in Section 6. I. "Public Safety Plan" shall have the meaning given to such term in Section 5. m. "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 the acts or omissions of the Applicant and/or its employees, contractors, subcontractors, agents, concessionaires, licensees, or invitees. Page 2 Page 198 of 216 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. ID , "Term" shall have the meaning given to such term in Section 20. 3. PERMISSION TO USE, Subject to the terms and conditions in this Agreement, Applicant shall be permitted to use the Event Site in order to conduct the Air and Sea Show. The right to use the Event Site shall not imply that the Applicant is permitted 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 discretion. The City Manager shall have the right to pre-approve all promotional materials, advertising and signage for the Event, which approval shall not be unreasonably withheld. If, upon review, the City Manager denies the use of certain promotional materials, advertising, or signage, the Applicant shall promptly discontinue the use of, and/or otherwise remove, such promotional materials, advertising or signage. Applicant agrees to list the City of Miami Beach as a co-sponsor of the Event on all approved promotional materials, advertising and signage for the Event. The parties agree that alcohol shall only be permitted in the Restricted Event Area. Applicant's alcohol sales, use, and consumption during the Event shall be governed in accordance with all applicable provisions of the City of Miami Beach Code and Florida law, as may be amended from time to time. 4. CITY SPECIAL EVENT PERMIT APPLICATION: Not less than one hundred twenty (120) days prior to the first day of each Event Period during the Term, Applicant shall complete and submit a Special Event Application and provide the City with the following: a. The Event Site Plan depicting, at a minimum, all 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. The Event 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 Event Site Plan shall be subject to the review and final 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, parking, stages, etc. are in accordance with the City approved Event Site Plan. The City approved Event Site Plan shall be incorporated into this Agreement as Exhibit "ID" hereto. b. A description of all activities and events to occur at the Event Site, (including, without limitation, the Restricted Event Area). Page 3 Page 199 of 216 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 and other structures, merchandise, food and beverage vendors, and electrical connections. e. All sponsors of the Event, and/or all goods and services to be promoted, 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(s) 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. g. Applicant acknowledges that other events and activities will take place within the City of Miami Beach during the Event Period each year, as the Event Period includes the Memorial Day holiday weekend, a historically busy weekend within the City of Miami Beach. Accordingly, Applicant's Event schedule, program, and activation shall be coordinated with the City, so as to ensure the health, safety and welfare of City's residents and visitors during the Event Period, and minimal disruption or interruption of other activities or events taking place within the City of Miami Beach 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 arrange for such necessary personnel, at City's expense, and in such type, manner and number, as may be determined by the City Manager, in his sole discretion and judgement, to ensure the appropriate level of public safety at the Event Site and Event Impact Areas, excluding 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. a. The Applicant shall provide a Public Safety Plan for the City Manager's review and approval, no later than one hundred and twenty (120) days prior to the date of each Event Period. This Public Safety 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. After receiving the Public Safety Plan from the Applicant, the City Manager 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 and Applicant shall develop an anticipated budget for the Public Safety Plan. The City Manager shall have the absolute sole right and discretion to approve the Public Safety Plan, including any revisions or adjustments thereto. In the event of a disagreement(s) between Applicant and the City regarding the number of personnel required for the Public Safety Plan, and/or the anticipated budget of the Public Safety Plan, the City Manager's decisions shall be final. The final City-approved Public Safety Plan shall be attached and incorporated as Exhibit "B" to this Agreement. Page 4 Page 200 of 216 b. Applicant shall make arrangements with the appropriate City department(s) to provide Police, Fire, Ocean Rescue protection. These arrangements must be reviewed and approved by the City Manager. c. 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. d. In addition to the City-approved Public Safety Plan, the City's Police and Fire Departments will author separate comprehensive Incident Action/Operational Plans specific to their respective duties. Such plans will take into consideration several factors, to include nationally accepted event planning and management guidelines utilizing the National Incident Management System (NIMS) and the Incident Command System (ICS). 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 Investigation (FBI) Special Events Unit, the Department of Homeland Security (DHS), Navy Criminal Investigative Service (NCIS), and other public safety partners will assist in determining the level and magnitude rating of the 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. e. The cost of any expansion of Event-related activities, boundaries or other Event program changes requested by Applicant, or the costs for additional services requested by Applicant, including, without limitation, public safety-related services that are greater than the services being provided by the City for the Event as established in the Public Safety Plan, shall be at the sole expense of Applicant. City shall be paid or reimbursed for all costs and expenses associated with any such additional or expanded services provided to Applicant, with all such costs being accounted for and paid separately from the provisions of Section 17 of this Agreement, which shall not apply with respect thereto. Expansion of services means enhancements of Event- related activities or programming, any changes in the type of activities approved for the Event, or other changes with respect to the Event that are initiated by or are requested by Applicant, including changes to the physical location and boundaries that result in an increase in the City's cost to provide all necessary services. f. 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 arrangements 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 set forth in Section 17. g. In the event of an emergency or disaster during the Event, at the Event Site, or as a direct result of Event activities, that requires public safety resources beyond the City approved Public Safety Plan, it shall be the sole responsibility of the Applicant to reimburse the City for its additional cost to respond to such emergency or disaster. This paragraph 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. Page 5 Page 201 of 216 h. In 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. 6. STREET CLOSINGS: The City Manager reserves the right, at his sole discretion, to approve all closing of streets, including those streets and transportation corridors within the Event Site. a. Not less than one hundred and twenty (120) days prior to the date of each 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," and shall contain a construction and automotive and pedestrian traffic flow schedule detailing the opening and closing times for all streets and/or transportation corridors. No street or transportation 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. b. Applicant agrees to coordinate and make the appropriate arrangements with any merchants or residents affected by any street or transportation corridor closures to ensure they are provided sufficient and reasonable access to their businesses and residences. Applicant acknowledges that traffic control plans shall accommodate the ingress and egress to businesses or residences during the course of the Event. 7. PARKING AND TRANSIT SERVICES: It 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 submitted by Applicant, 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 so as to meet the requirements established by the City Manager. 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, whether such facilities are furnished by Applicant or City. If any such facilities are furnished by City, all costs and expenses shall be paid to City within the time frame as set forth in Section 17. 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 within the Event Site or in the designated Event Impact Areas, provided, however, that Applicant shall be responsible for all Page 6 Page 202 of 216 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. c. 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. 9. CONSTRUCTION OF FACILITIES, STRUCTURES, CANOPIES, TENTS AND CONCESSION STANDS; a. Applicant shall be permitted to construct and maintain, within the Event Site, such facilities and/or structures that are approved for the Event as part of the Event Site Plan. All such facilities and/or structures shall be erected, and deliveries with respect thereto made, on agreed-upon dates after consultation with the City's Special Event staff. b. Applicant shall be permitted to set up no later than the Monday prior to the Event. All such facilities and/or structures must be removed within seventy-two (72) hours following the conclusion of the Event. c. Applicant shall obtain approval by the City Fire Department and file with its Special Event Permit application evidence that any facilities and/or structures are of fireproof material and will not constitute a fire hazard. City's Building Department must review and approve the proposed use of any facilities and/or structures, in accordance with the City Code and the Florida Building Code, as same may be amended from time to time. 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. If 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 17, Reimbursement of Costs and Expenses. e. Unless Applicant receives prior written permission from the City Manager, no construction or installations shall involve the use of stakes or other material that may break the surface or deface any infrastructure such as asphalt, concrete, brick or any plant material. f. Applicant is required to provide and install Event-related signage, including directional, general messaging, concession stands, and sponsor-related signage, at locations subject to the City Manager's approval. Applicant will set up and remove such signage, at no cost to the City. Page 7 Page 203 of 216 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 Event Site (including, without limitation, the Restricted Event Area). It 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 and/or secured solely by Applicant. Applicant acknowledges and agrees that City assumes no responsibility whatsoever for any such item(s) and that the security and protection of any such item(s) from theft, vandalism, the elements, acts of God, or any other cause, are strictly the responsibility of Applicant. 12. 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. LICENSES AND PERMITS; COPYRIGHTS, PATENTS AND TRADEMARKS: At least fifteen (15) days prior to the Event, Applicant agrees to secure and pay for all licenses, permits or other governmental approvals that may be required by any govemmental 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 any incidental State 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 that the applicable licenses, permits 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 Incorporated ("BMI") 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 In 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 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, including, without limitation, those relating to noise, building, zoning, gambling, fire protection, liquor regulation, sanitation, 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. Page 8 Page 204 of 216 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. 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 Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products-Completed Operations $2,000,000 Personal & Adv. Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included b. Liquor Liability with the following minimum limits and coverage: Each Occurrence $1,000,000 Annual Aggregate $1,000,000 c. Automobile liability insurance, including owned, non-owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 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). If 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. e. Employers Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease-Each Employee $1,000,000 Disease-Policy Limit $1,000,000 Page 9 Page 205 of 216 f. 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 applicable liability insurance policies. The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the City of any change, cancellation, or nonrenewal of the provided insurance. It is the applicant's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If 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, Florida 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 Interests 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 meets or exceed the coverages set forth in paragraphs (a)-(f) that apply to each vendor, as applicable to each vendor's work, 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 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 providing such insurance. If 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 Page 10 Page 206 of 216 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, nor a failure to disapprove that insurance, shall relieve the Applicant 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. If 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 (BMI, ASCAP, etc.). 17. REIMBURSEMENT OF EXPENSES: The City and Applicant shall be responsible for the costs and expenses associated with Police, Fire, Ocean Rescue, and Sanitation services within the Event Site and Event Impact 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 Index for All Urban Consumers; U.S. City average (1982-84=100), whichever is lower (the "City's Initial Contribution"). Applicant shall be responsible for all of City's costs and expenses in excess of the City's Initial Contribution, up to the maximum amount of $200,000 ("Applicant's Initial Contribution"). City and Applicant to each be responsible for 50 percent (50%) of all costs in excess of Applicant's Initial Contribution. Applicant shall reimburse City for any amounts due under this Agreement within fourteen (14) days of receipt of any invoice from City. Applicant shall have the right to request all supporting documentation with respect to charges being billed to Applicant under this Agreement. City's invoices shall include a breakdown of charges. 18. BOND: a. Applicant agrees to secure a bond in an amount equal to one hundred and ten percent (110%) 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 Page 11 Page 207 of 216 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. If 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. 19. CITY'S RIGHT TO SUSPEND ACTIVITIES OR REMOVE PERSONS FROM EVENT SITE: The City Manager shall have the authority to suspend all or any part of the activities of Applicant when, in the City Manager's sole judgment and discretion, 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. 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 Commission decides to discontinue the Air and Sea Show with notice to the Applicant, following the conclusion of the first Air and Sea Show. The only method for any such cancellation of the Agreement pursuant to this Section 20(a) is by motion approved by the City Commission. The City shall notify Page 12 Page 208 of 216 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. If 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 Event 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. If 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. If 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. c. Termination for Cause: If either party fails to perform in accordance with the requirements of this Agreement or fails to comply with any applicable laws (any such failure to perform or comply with applicable laws hereby constituting a "Default"), the non-defaulting party shall give written notice thereof to the defaulting party, identifying the nature of the default ("Notice of Default"). 1. If, after delivery of the Notice of Default, the defaulting party fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed thirty (30) days after delivery of the Notice of Default or, if such Default is not capable of being cured within such thirty (30) day period, the defaulting party fails to undertake within such period to effect a cure, and diligently and in good faith prosecute the same to conclusion no later than sixty (60) days following delivery of the Notice of Default, then the non-defaulting party may terminate this Agreement for cause at any time following the expiration of the cure period specified in the Notice of Default or as provided in this Section 20(d). 2. If either party commits a Default during the term of this Agreement and cures the Default within the cure period, and subsequently commits a Default of a similar nature, then the non-defaulting party shall have the sole option and discretion to terminate this Agreement for cause effective immediately, without providing the defaulting party with the opportunity to cure the subsequent Default. If the default is of a nature that cannot be cured, such as fraud or a material misrepresentation in connection with either party's performance under this Agreement, or a failure to have met the minimum room block requirements set forth in Section 27 below, the non-defaulting party shall be entitled to immediately terminate this Agreement for cause, and such termination shall be effective upon receipt of the termination notice and no cure period shall apply. 3. Upon termination, the defaulting party shall remain liable for all damages, costs and expenses, including reasonable attorneys fees, arising out of or related to its Defaults under this Agreement, and the non-defaulting party Page 13 Page 209 of 216 shall be fully discharged from any and all liabilities, duties, or obligations arising out of, or by virtue of, this Agreement. 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. In 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. 24. EXTENT OF AGREEMENT: This Agreement represents the entire and integrated Agreement between City and Applicant and supersedes 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 I. 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. 27. ROOM BLOCK REQUIREMENT: For each Event, Applicant shall be responsible for generating event room blocks at hotels located within the City of Miami Beach, in the minimum amount of (a) one thousand (1,000) room nights on the peak night of the Event Period (with such peak night during the Event Period to be selected by Applicant); and (b) thirty-five hundred (3,500) room nights over the course of the Event Period. Within thirty (30) days following the completion of each Event, Applicant shall provide the City all supporting documentation verifying compliance with Page 14 Page 210 of 216 t. 1 IP By: afael E. Granado, ity Philip Levine, Mayor INCORP ORATED 1 ' 44...... IONAL SALUTE TO AMERICA'S HEROES, C•7n441 """.. a Florida Limited Liability company .................. ATTEST: APPROVED AS TO FORM & LANGUAGE 0 EpUTION ito City Attorney Date the foregoing minimum room block requirements. In the event the Applicant fails to meet the minimum room block requirements set forth herein, the City Manager may terminate this Agreement for cause pursuant to Section 20(c)(2). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF MIAMI BEACH, FLORIDA, ATTEST: a municipal corporation of the State of Florida By: By: ,ef Print Name: Prin Avr e .A/21117Vree Its: Its: -cf /Ai; Page 15 Page 211 of 216 New Busine ss and Com mission Re quests - R9 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:July 20, 2016 SUBJECT:UPDATE REGARDING THE CERTIFI CATI ON OF SIGNED PETITIONS SUBMITTED BY “SAVE MIAMI BEACH 2016,” A POLI TICAL COMMITTEE, PETITIONING THE CI TY COMMISSION TO SUBMIT TO THE ELECTORS OF MI AMI BEACH AN AMENDMENT TO SECTI ON 1.03 OF THE MI AMI BEACH CITY CHARTER. ANALY SIS As of the printing of the Agenda, the Miami-Dade County Elections Department has yet to complete the comparison of signatures on the submitted petitions against signatures on the voter rolls for the City of Miami Beach. Upon receipt of the Certif ication f rom the Miami-Dade Elections Department, the City Clerk will formally present it to the City Commission and will provide a copy to Save Miami Beach 2016. If you have any questions, please contact me at Extension 6451. Legislative Tracking Of f ice of the City Clerk Page 212 of 216 New Busine ss and Com mission Re quests - R9 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM: DAT E:July 20, 2016 SUBJECT:DISCUSSION REGARDI NG PLACI NG A BALLOT QUESTION ON THE NOVEMBER 8, 2016 SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING APPROVAL OF 6/7TH VOTE OF THE CITY COMMI SSI ON BEFORE ALLOW I NG ANY INCREASE TO ANY MAXIMUM ZONED BUILDI NG HEIGHT. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez Page 213 of 216 City Attorney Reports - R10 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:July 20, 2016 4:30 p.m. SUBJECT:NOTICE OF CLOSED EXECUTIVE SESSI ON PURSUANT TO SECTI ON 447.605, FLORI DA STATUTES, A CLOSED EXECUTIVE SESSI ON W I LL BE HELD PRI OR TO THE CITY COMMISSION MEETI NG OF WEDNESDAY, JULY 20, 2016, AT 4:30 P.M., IN THE CITY MANAGER’S LARGE CONFERENCE ROOM, FOURTH FLOOR, CI TY HALL, FOR A DI SCUSSI ON RELATIVE TO COLLECTIVE BARGAINI NG. Legislative Tracking Human Resources Page 214 of 216 Notice s A. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:July 20, 2016 SUBJECT:PUBLIC HEARING ADVERTISEMENT(S). ANALY SIS Attached please see the Public Hearing Advertisement(s) for the July 20, 2016 Commission Meeting. Legislative Tracking Of f ice of the City Clerk ATTACHMENTS: Description Miami Herald Ads Page 215 of 216 SUNDAY JULY 10 2U16 MIAMIHERALD -[UM NEIGHBORS 29Nr, MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING JULY 20,2016 NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3 ' Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 20, 2016, at the time listed, or as soon thereafter as the matter can be heard, to consider: 5:01 p.m. A Resolution Adopting The Seventh AmendmentToThe Capital Budget For FiscalYear 2015/16. Inquiries may be directed to the Office of Budget & Performance Improvement at 305.673.7510. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. These items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting, 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 the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate in any City - sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;TTY users may call via 711 (Florida Relay Service). Ad No. 1176 Rafael E. Granado, City Clerk City of Miami Beach Page 216 of 216