HomeMy WebLinkAboutResolution 2026-34107RESOLUTION NO. 2026-34107
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO TAKE ALL
LAWFUL ACTIONS THAT ARE IN THE CITY'S BEST INTERESTS TO
ENFORCE COMPLIANCE BY RIC-MAN CONSTRUCTION FLORIDA (RMCF)
WITH THE CITY'S THREE DIRECTIVES REGARDING RIC-MAN PERSONNEL
AND PRACTICES AT THE WEST AVENUE PHASE II IMPROVEMENTS
PROJECT, AS OUTLINED IN THE ATTACHED LETTER TO RIC-MAN FROM
THE CITY DATED JANUARY 26, 2026.
WHEREAS, the City of Miami Beach is committed to upholding the principles of good
governance, public trust, and nondiscrimination in all City projects and contractual relationships;
and
WHEREAS, the City issued directives to Ric -Man Construction Florida (RMCF)
concerning personnel and practices at the West Avenue Phase II Improvements Project, including
the immediate removal of the construction superintendent, the implementation of measures to
prevent delay and retaliation, and the provision of a detailed narrative outlining corrective actions
and sensitivity training; and
WHEREAS, these directives were communicated to RMCF in accordance with Article
3.17(b) of the Agreement ("Personnel") and Article 5.1 ("No Discrimination"), and are necessary
steps to preserve public trust and ensure compliance with contractual and ethical obligations; and
WHEREAS, to date, RMCF has failed to comply with the City's directives, thereby
necessitating enforcement actions to protect the integrity of the project and the interests of the
community; and
WHEREAS, the Mayor and City Commission desire to authorize and direct the City
Administration and the City Attorney's Office to take all lawful actions that are in the City's best
interests to enforce compliance by RMCF with these directives, as outlined in the attached letter
dated January 26, 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize
and direct the City Administration and the City Attorney's Office to take all lawful actions that are
in the City's best interests to enforce compliance by Ric -Man Construction Florida (RMCF) with
the City's three directives regarding Ric -Man personnel and practices at the West Avenue Phase
II Improvements Project, as outlined in the attached letter dated January 26, 2026.
PASSED AND ADOPTED this S day
ATTEV, FEB 0 9 2026
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex
Co -Sponsored by Commissioner Monica
of Ftb9uuIr 20
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& F EXECUTION
I �2 Zo Zfo
City Attorney ;r-,R Date
ATTACHMENT
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miarnibeachfl.gov
OFFICE OF CAPITAL IMPROVEMENT PROJECTS
Tel:305-673-7071 Fax: 305-673-7073
January 26, 2026
Daniel Mancini
President
3100 SW 15th Street
Deerfield Beach, FL 33442
Re: Removal of Construction Superintendent
Project: West Avenue Improvements North 14th Street
Mr. Daniel Mancini
The City is in receipt of Ric -Man Construction Florida's (RMCF) January 23`d response to the
City's Directive to remove the West Avenue Neighborhood Phase II Improvement Project's
construction superintendent. The City, through its original communication on January 23, 2026,
provided direction in compliance with Article 3.17(b) of the Agreement. To date, RMCF has not
complied with the directive provided.
Given the nature of the incident, this is a necessary step in preserving the public trust, which was
damaged as a result. As public trust is a critical component in the management and performance
of good governance, the directive is both reasonable and obligatory. Furthermore, it should be
noted that RMCF, by nature of the Agreement and in accordance with Article 5.1, No
Discrimination, "shall not discriminate against ... any member of the public."
The City of Miami Beach hereby repeats its directive to RMCF to remove, effective immediately,
the construction superintendent from the project and provide the following:
1. Provide a detailed narrative and explanation of the steps taken by RMCF to cure this issue
and prevent its future occurrence, including scheduled or ongoing sensitivity training.
2. Provide a detailed narrative regarding what measures have been taken to ensure that no
future retaliatory action will be taken by any staff, manager or representative of RMCF, of
a retaliatory nature or which would further damage the public trust.
Sincerely,
David Gomez
Director
Office of Capital Improvement Projects
Cc: David Martinez, P.E., Assistant City Manager
Ariel Guitian, Division Director
Chris Mancini —Vice President
Steve Caskey —Senior Project Manager
Ralph Viola - Project Manager
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
Resolutions - C7 AX
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J Dopico
DATE: February 5, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO TAKE ALL LAWFUL
ACTIONS THAT ARE IN THE CITY'S BEST INTERESTS TO ENFORCE
COMPLIANCE BY RIC-MAN CONSTRUCTION FLORIDA (RMCF) WITH THE
CITY'S THREE DIRECTIVES REGARDING RIC-MAN PERSONNEL AND
PRACTICES AT THE WEST AVENUE PHASE II IMPROVEMENTS PROJECT, AS
OUTLINED IN THE ATTACHED LETTER TO RIC-MAN FROM THE CITY DATED
JANUARY 26, 2026
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of Commissioner Alex J. Fernandez.
FISCAL IMPACT STATEMENT
NA
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
811 of 2180
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
Direct Admin and CAO, Enforce Ric -Man Directives. (Fernandez) CA
Previous Action (For City Clerk Use Only)
812 of 2180