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HomeMy WebLinkAboutReso 2020-3035 RESOLUTION NO. 2020- X35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO PETITION THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF LAND SALES, CONDOMINIUMS AND MOBILE HOMES ("DBPR") TO CERTIFY AN ARBITRATOR TO PERFORM ARBITRATIONS PURSUANT TO FLORIDA STATUTE 718.1255 WITHIN THE CITY OF SUNNY ISLES BEACH; TO FURTHER PETITION DBPR TO HAVE REPRESENTATIVES OF FLORIDA'S OFFICE OF THE CONDOMINIUM OMBUDSMAN PROVIDE MONTHLY SERVICES WITHIN THE CITY OF SUNNY ISLES BEACH; AND TO DO ALL THINGS NECESSARY IN FURTHERANCE THEREOF; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Sunny Isles Beach("City")currently has over 100 condominiums located within its jurisdictional limits, and the overwhelming majority of residents live in them; and WHEREAS, local news media outlets have documented abuses and outright voting and financial fraud committed by many condominium associations, while owners often find themselves embroiled in disputes or even costly litigation with their associations; and WHEREAS, the Florida Legislature in enacting Florida Statute 718.1255, specifically found that unit owners are frequently at a disadvantage when litigating against an association, as associations are more able to bear the costs and expenses of litigation than the unit owner who must rely on his or her own financial resources to satisfy the costs of litigation against the association; and WHEREAS, Florida Statute 718.1255 provides for an alternative dispute resolution, by way of nonbinding arbitration and mediation, as a more efficient, cost-effective option to court litigation; and WHEREAS, the residents of the City wish to avail themselves of the arbitration process provided for in Florida Statute 718.1255, however, the governing agency, Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation("DBPR") is based out of Tallahassee,Florida,and its geographic location has become a significant barrier to residents seeking redress from the DBPR; and WHEREAS, Florida Statute 718.1255, provides in part, that the DBPR may certify attorneys who are not employed by the division to act as arbitrators to conduct the arbitration hearings; and WHEREAS, the City Commission believes it is in the best interest of the City to have a DBPR certified arbitrator to conduct arbitration hearings within the City, pursuant to Florida Statute 718.1255, which would be funded by the City for the benefit of its residents; and R2020 Authorize City Manager to Petition FDBPR Page 1 of 3 • i WHEREAS,pursuant to Florida Statute 718.5011, the Florida Legislature also created an Office of the Condominium Ombudsman, which provided for the appointment of an ombudsman, who has the powers and duties set forth in Florida Statute 718.5012, including the power to act as liaison between the DBPR's Division of Division of Condominiums, Timeshares, and Mobile Homes Trust Fund ("Division of Condominiums"), unit owners, boards of directors, board members, community association managers, and other affected parties; and WHEREAS,currently,DBPR's Division of Condominiums has a branch office in the City of Doral to handle complaints or concerns of Miami-Dade condominium owners, however, the geographic location of said office can be a significant barrier to many residents seeking to avail themselves of their services; and WHEREAS, the City Commission believes it is in the best interest of the City to have a representative of the Office of the Condominium Ombudsman appear and provide services within the City, on an ongoing regular basis, but no less than once a month, which would be funded by the City for the benefit of its residents; and WHEREAS, the City Commission, therefore, hereby authorizes and directs the City Manager or his designee,to petition DBPR to certify a lawyer to act as an arbitrator to conduct the arbitration hearings provided for in Florida Statute 718.1255,within the City,on agreed upon dates and times,and to further petition DBPR to have a representative of the Office of the Condominium Ombudsman provide services within the City on a monthly basis, and to do all things necessary in furtherance thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. City Manager Authority and Direction. The City Commission hereby authorizes and directs the City Manager or his designee, to petition Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation to certify an attorney to act as an arbitrator to conduct the arbitration hearings provided for in Florida Statute 718.1255, within the City, on agreed upon dates and times, and to further petition DBPR to have a representative of the Office of the Condominium Ombudsman to provide services within the City on a monthly basis, and to do all things necessary in furtherance thereof Section 3. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED on this 16th s.y of J. uary 2020. George . Scholl, Mayor R2020 Authorize City Manager to Petition FDBPR Page 2 of 3 `L... • ATTES kVITIP : Ma;ici i Betan 'r, CMC, City Clerk `•A1 PROS D AS TO FORM AND LEGAL SUFFICIENCY: Edward A. Dion, City Attorney Moved by: V I te (V1 0e �UtC4krI Seconded by: CM �l&a Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) R2020 Authorize City Manager to Petition FDBPR Page 3 of 3 MEMORANDUM OF UNDERSTANDING Between THE CITY OF SUNNY ISLES BEACH And the State of Florida DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Florida Condominiums,Timeshares, and Mobile Homes This no-cost Memorandum of Understanding (MOU) is entered into between the State of Florida, Department of Business and Professional Regulation, hereinafter referred to as DBPR, and the City of Sunny Isles Beach, hereinafter referred to as City, (collectively, the"Parties"). WHEREAS, DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes (CTMH) has an Office of the Condominium Ombudsman, pursuant to section 718.5012, Florida Statutes; WHEREAS, it is the mission of the Office of the Condominium Ombudsman to improve the quality of life for Florida condominium owners through prompt, professional and courteous service as a neutral, informative and accessible resource; WHEREAS, the public-at-large would benefit from having greater proximate physical access to the Office of the Condominium Ombudsman; and thus; NOW,THEREFORE, DBPR and City agree as follows: 1. Purpose: The DBPR, acting in its capacity as the statewide regulator of condominium associations, and the City hereby enter into this Memorandum of Understanding (MOU) for the DBPR's Ombudsman's weekly use of office space ("The Premises") at City's Sunny Isles Government Center, located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160. 2. Terms and Conditions: a. DBPR shall provide a representative from Office of the Condominium Ombudsman (the "Representative") to exercise its Powers and Duties as enumerated in section 718.5012(10), Florida Statutes, for the benefit of both City residents and non-residents ("Services") from the Premises commencing on November 5, 2020; b. The Representative, as available, shall maintain regular office hours from the Premises every other week, either on the Monday or the Friday of a given calendar week; c. The Parties agree to maintain a joint calendar, wherein both Parties maintain access, for the purpose of coordinating and scheduling meetings; Page 1 of 4 DBPR Contract#20-00018 d. The City agrees that the Representative may provide services to non-City residents at the Premises; e. The City shall provide the Representative an office at the Premises located on the fourth floor and exhibits the dimensions of 17.6 by 14.1 feet. This office shall contain, at a minimum, the following furniture: wall unit with a desk, conference table with 8 chairs, and small refrigerator; f. The City shall provide the Representative with phone service, including a dedicated extension for his/her exclusive use. The City shall also provide the physical desktop telephone; g. The City shall provide the Representative with WiFi service; h. The Representative shall be provided access to photocopy and scanning equipment; however, the Representative shall provide his/her own paper; i. The City shall provide receptionist services for the Representative. The City's receptionist will greet and receive the Representative's appointments, and will advise the Representative when an appointment has arrived; j. The City shall provide all utilities, inclusive of electricity, and water; k. The City shall provide the Representative with access and use of all common areas, including the restrooms, and break room (together with the equipment in the break room, comprising of the refrigerator, coffee machine, microwave, toaster oven, and vending machines); 1. The Representative shall have a dedicated parking space assigned to him/her inside the employee parking garage located on the Premises; and m. The Representative shall carry a City issued ID badge when on the Premises. 3. Limitations. Nothing in this MOU should be construed to infer that DBPR will alter or modify its prosecution of CTMH administrative licensure cases involving condominium associations in the City's city limits of greater Miami-Date County area. Nothing in this MOU should be construed to infer that the Office of the Condominium Ombudsman or the Representative will alter or modify the execution of his/her statutory duties under section 718.5012, Florida Statutes. Nothing in this MOU should be construed to infer that DBPR will alter or modify its handling of arbitration cases in the City's city limits or greater Miami-Dade area. Nothing in this MOU shall be deemed or otherwise interpreted as DBPR waiving its sovereign immunity protections, or as increasing the limits of liability set forth in Florida law, particularly section 768.28, Florida Statutes. 4. Duration of Agreement. This agreement may be terminated at any time, in writing and with mutual consent of both parties. Either party may terminate this agreement, in Page 2 of 4 DBPR Contract#20-00018 writing, without cause, with fourteen (14) days' calendar notice. Either party may terminate this agreement, in writing, with cause, citing a material breach, with no less than twenty-four (24) hours' written notice to the other. Notice of termination shall be delivered via certified mail, via electronic mail, or in-person with proof of delivery. Otherwise, this MOU will be effective for twelve (12) months from the date of its execution by both parties and shall remain in effect until terminated by one or more of the parties. This MOU is in effect when it has been signed and dated by an authorized representative on behalf of DBPR and by an authorized representative on behalf of City. This MOU is in effect on the later of the dates the MOU is signed and dated by DBPR or City and will remain in effect for twelve(12)months from the later date. The terms of this MOU may not be waived, altered, modified, or amended, except as described above, without written agreement of both parties. 5. Public Records. DBPR may terminate the MOU for refusal by the City to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made to or received by the City in conjunction with this MOU. If the City has questions regarding the application of Chapter 119 to the City's duty to provide public records relating to this MOU, please contact the DBPR's Office of Open Government immediately at 850.921.0342 or 850.717.1185. Pursuant to Chapter 119, Florida Statutes, the City shall: a. Keep and maintain public records required by the public agency to perform the service. This can include but is not limited to: calendar invites, telephone records, meeting requests, and documentation or communication regarding this MOU; b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the MOU and following the completion of the MOU if the City does not transfer the records to the public agency; and d. Upon completion of the MOU, transfer, at no cost, to the public agency all public records in possession of the City or keep and maintain public records required by the public agency to perform the service. If the City transfers all public records to the public agency upon completion of the MOU, the City shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the City keeps and maintains public records upon completion of the MOU. the City shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Page 3 of 4 DBPR Contract#20-00018 public agency, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of the public agency. 6. Dissemination of MOU. Both Parties agree to disseminate this MOU to appropriate personnel and provide assistance in the implementation of the requirements of the agreement. 7. Certification. By signing this agreement, all parties agree that the provisions contained herein are subject to all applicable Federal, State, and local laws, regulation, and/or guidelines relating to nondiscrimination, privacy right of participant, and maintenance of records and other confidential information relating to use of office space at the Premises. WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and all other terms and conditions of this MOU. Florida law governs this MOU. This MOU is executed as of the last date signed below. STATE OF FLORIDA Approved: ,--(t-"------ r. ----tl...--- - '-' 1 Thomas Philpot, Chief o*taff`" ----_, Christopher J. Russo,City Manager Department of Business and Professional City of Sunny Isles Beach Regulation, State of Florida Signed in Tallahassee, Florida, Signed in Sunny Isles Beach, Florida, this544 day of November, 2020. this 474 day of November, 2020. Page 4 of 4 DBPR Contract#20-00018 DBPR CONTRACT ROUTING REVIEW FORM L 1. Originator: Alison A. Parker I Date: 10/26/2020 _ `elephone#:(850)717-1239 } 2. Financial ❑ Non-Financial El If Financial, Complete All Sections If Non-Financial, Complete Sections 1-6,8-11, 13, 15, 16-17,20-21 13.Purpose of Contract/Amendment(include the names of all contractual parties)and Any Special Instructions or Comments: The City of Sunny Isles Beach will allow the CTMH Ombudsman to use office space to meet with local condo owners and provide other Ombudsman duties, pursuant to section 718.5012, Florida Statutes. ❑ Renewal, If so, Renewal Number: ❑Amendment, If so Amendment Number: If more than one funding source,show each source with amount of funds and Expansion Option(EO)and Version. If the contract will cross fiscal years,please indicate the amount that will be encumbered in the current fiscal year. 4 Department Contract# Mod. # Grant # Mod. # 5. Program Area Title 20-00018 j .CTMH_ 6. CFDA CSFA ARRA 7. Contract/Grant Total Increase Decrease Revised Contract/Grant Total r� �) jYes No : 0 i l iCirde Onel1 ' ............................ 8. Contractor/Grant Name 9. Payee Vendor ID#/Name/Address/Telephone#_ 1 City of Sunny Isles Beach N/A— No Cost 10. Chief/Manager or Other Responsible Party 11. Contract/Grant Manager's Name/Telephone# N/A 1 1 Alison A. Parker!(850)717-1239 12. Method of Payment = 13. FLAIR Account Code: [❑ Cost Reimbursement L1 1 GF ' SF FID , BE J IBI I CAT YR ❑ Fixed Price XX I XX 1 j X XXXXXX XXXXXXXX 00 XXXXXX 1 00 ❑ Performance Based ! j 14. Method of Procurement!Number: ❑ Other (please specify) i r 15. FLAIR Organization Code(s): N/A 16. Begin Date _ End Date 17. 8 Digit Commodity Code: 10/2812020 10/27/2021 1 18. Contractor Type 19. State Funded Project ..........__... A.Vendor B. Sub-recipient ❑ su sa ❑ _ os .__..__ __. 1 Yes E_ No CI Other El 1 20. ADMINISTRATIVE REVIEW COMMENTS PROGRAM DIRECTOR or CHIEF: Signature Date Boyd McAdams APPROVE DISAPPROVE -CONTRACT ADMINISTRATOR: Signature Date Beverlyn Elliot APPROVE DISAPPROVE SUBJECT TO Legislation/proviso reviewed for compliance Yes ❑ N/A ❑ IT MANAGER Signature Date ' APPROVE DISAPPROVE } BUDGET MANAGER: Signature Date APPROVE DISAPPROVE BUDGET OFFICE: ( Signature Date (APPROVE) I? APPRO lj GENERAL COUNSE Signature Date Ali n A. arker 01 12-1 UL _.. 1 i 4. , A RO DISAPPROVE DI TOR ADMIN.JX'MAN.,MGMT.: Signature Date Paige-Shoemaker "' APPROVE DISAPPROVE DEPurtstbzRET r Signature 1 Da Michael Johns 4t t Date OV DISAPP E i i F STAFF: Signature Date Tho t )O VEN z DISAPPROVE g CI6I. NOTE: Please return the contract revise qw, , n*. to ;w.,. .Administration after Director of Administration and Financial Managern r, .^ev'e -,poi >val. DBPR(Revised-4/25/2018) FLORIDA SINGLE AUDIT ACT STATE PROJECT DETERMINATION CHECKLIST Part C-State Project Determination Based on your analysis above and discussions with appropriate agency personnel,state your conclusion regarding the state program. Name of State Program N/A Enter X"to indicate the State Project Determination. All signatures are required. A State Project Not a State Project Completed By(Program Personnel) — — Name Alison Parker Phone 850-717-1239 Title Deputy General Counsel Email Alison.Parker@myflorid alicense.com . ....... ... ............... Signature l C% 9-0As2_, Date (� id j Budget Office Review (Applies only to Questions I through 4 in Part A—State Program Resources.) Reviewer Lynn Smith Phone 850-717-1541 Title: Planning and Budget Administrator Email f'7'„h ' Signature✓_. Date4/ u+MS�.c7lr ZO Finance and At ting Review (Applies only to Questions 3 and 4 in Part B—State Program Evaluation.) Reviewer Phone Title: Email Signature Date Office of Inspector General Receipt Receiver Lynne Winston Phone 850-363-4829 Title Inspector General Email tom* "©'m1 Signature soi.va Date -//a It R e tib4) .a _tole. ao,(/4)_ For questions regarding Mt evaluation of a state program or if it has been determined that the state program is a state project and has not been assigned a CSFA number,contact your FSAA state agency liaison or the Department of Financial Services,Bureau of Auditing,at FSAA ih FloridaCFO.com or(850)413-3060. Email completed forms to the FSAA Coordinator at the Department of Financial Services, Bureau of Auditing (FSAA@MyFloridaCFO.com). Note: Rule Chapter 691-5,Florida Administrative Code(F.A.C),State Financial Assistance,incorporates this form as well as the regulations cited therein by reference in Rule 691-5.005,F.A.C. Rule 691-5.001,F.A.C,incorporates 2 CFR Part 200, Uniform Administrative Requirements,Cost Principle.,and Audit Requirements for Federal Awards,including Subpart F- Audit Requirements,2018 Edition,and its related Appendix Xl,Compliance Supplement,April2017 and April 2018. The form and regulations can be accessed via the Department of Financial Services'website at https://apps.ffdfs.comffsaal. DFS-A2-PD Page-3- Rev. 11/18 Rule 69I-5.005,F.A.C. DOCUMENTATION FOR NONCOMPETITIVE PROCUREMENT Provider Name and Total Contract Amount: City of Sunny Isles Beach Service Description: Provide office space for CTMH Ombudsman Exemption used for Procurement: No-Cost Statutory Authority for Procurement of Services (Programmatic): Note: The IGA exemption should be used for all non-competitively procured contracts with public state universities, other private schools belonging to the Southern Association of Colleges and Schools, or other governmental entities. The LAW exemption must be utilized for any non-competitively procured contract in which federal or state law prescribes a specific provider for the services. 1. Explain why formal competitive purchasing practices (RFP/ITB/ITN) were not practical and/or in the best interest of the department. State the situation necessitating the use of noncompetitive procedures. The City of Sunny Isles Beach will allow the CTMH Ombudsman to use office space to meet with local condo owners and provide other ombudsman duties at no cost to the Department. Office usage is not limited to the city's denizens. We did not receive this offer elsewhere. 2. Explain the reasons for selection and why this selection represents the most advantageous decision for the state in terms of service and price. If this is the only provider willing or able to provide these services, state how this was determined. See paragraph 1. Also, many condo owners live in the surrounding area so supplying the CTMH Ombudsman with office space one day a week allows him/her to fulfill the Ombudsman statutory duties more effectively. 3. Identify names of individuals taking part in the development or selection of criteria for evaluating persons or firms. Copies of Conflict of Interest Questionnaires have been completed and attached. Boyd McAdams and Alison Parker 4. The decision to procure these services noncompetititvely has been made by Alison A. Parker (Contract Manager). A copy of the Conflict of Interest Questionnaire has been completed and attached. 5. If the procurement type is a single source or emergency procurement, include specific documentation for these types of procurement with form PUR7778 or PUR7800. Contract Manager's Signature ( ' A 41 Date: I� 2(9 12'O Revised 12/15/14 , i ! i fm,----- City of Sunny Isles Beach 18070 Collins Avenue 5 -',r,‘,.:, -Z:11,3 ! Sunny Isles Beach, Florida 33160 • •., -' — — * '14. 12•9, --"::f ,10.'31.. 47 (305)047:0606 City Hall _,...) t 0,,,,,,4 t. (305)949-3113 Fax , .. MEMORANDUM . , TO: _ The Honorable Mayor and City Commission FROM: . Ctiritopher J. qusso,,Oity Mappger. , . DATE: 1/10/2020 , . . Aythorl4ation andDirection the City Manager to Petition RE: the Florida Oepartnient Of BuSiness and Professional Regulations . , RECOMMENDATION: . . . - 0 This resolution is presented for your cOnsideration. VVVV REASONS: ' ' ,- ' . ' V' V - , . .. Based upon the direction given by the City Commission during the City Commission meeting of December 19, 2019, a Resolution, was prepared aUthorizing'and directing the City Manager or his designee, to petition Florida's Department of Business and Professional Regulation ("DBPR") to certify a lawyer to act as an arbitrator for the purposes Of conducting arbitration hearings pursuant to Florida Statute ,718.1,25,,, , within the City, on agreed upon dates and tirhe . The Resolution further authorizes anddirects the City Manager or his.designee to petition . . DBPR to have a representative of the Office of the Condominium, : , Ombudsman provide services within the City on monthly basis. , . ATTACHMENTS: ,. ..,: , . .. Description Resolution .. .• V V V V . Item Number: 10.K. Cy 206