20160316 BMMIAMIBEACH
Presentations & Awards/Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Gonvention Center Drive
March 16,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City CIerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personne! as defined in the subject
Code sections. Gopies of the City Code sections on lobbyists laws are availabte in the Office of
the City Clerk. Questions regarding the provisions of the Code should be directed to the Office
of the City Attorney.
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 se/ecf 1 for English or 2 for Spanish, then option 6;ffY users may call via 711 (Florida Relay Service).
ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
Call to Order - 5:00 p.m.
Pledge of Allegiance.
Requests for Additions, Withdrawals, and Deferrals
1.
2.
3.
We are ammitted to providing excellent public seruice and safety to all who live, work, and play in our vibrant, tropicat, histoic community
1
Commission Agenda, March 16, 2016
Presentations and Awards
PA1 EmployeePerformanceRecognition.
(Office of the City Manager)
PA2 Proclamation To
Posthumously.
Be Presented For Dr. Kevin D. Berkowitz, Naming March 18th ln His Honor
(Sponsored by Commissioner Michael Grieco)
PA3 Certificates Of Recognition To Be Presented To North Beach Elementary School Students: Mia
Borges, Lila Diamond, Tenleigh Edwards, Annika Gelber, Ben Kaplan, Olivia Moore, Ryen
Rasmussen, And Their Team Coaches: Mrs. Temeyer And Leslie Diamond, For Taking First
Place At The Regionals Odyssey Of The Mind Competition On February,20,2016.
(Sponsored by Commissioner John Elizabeth Alem6n)
PA4 Proclamation To Be Presentated ln Honor Of 2016 World Autism Awareness Month.
(Sponsored by Commissioner Michael Grieco)
REGULAR AGENDA
R7 - Resolutions
R7A A Resolution Authorizing The City Manager And City Clerk To Execute A Temporary Easement
Agreement With Miami-Dade County (County) For A Non-Exclusive Access And Staging Area
Use Easement On City Property ln Order To Provide 46 Street And 53 Street Beach Access
Points To The County, Or lts Designee To Place Clean Sand On The City's Beaches Under A US
Army Corps Of Engineers Beach Renourishment Program, Which Temporary Easement
Agreement ls Attached Hereto As Exhibit 1.
(Environment & Sustainability)
R7B A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts February 12, 2016 Meeting, To Name The Stage ln The North Shore Park
Bandshell ln Honor Of Mr. Clark Douglas Burris And, Pursuant To Section 82-503 Of The City
Code, Setting A Public Hearing For April 13, 2016 And Directing The City Clerk To Publish The
Appropriate Public Notice.
(Sponsored by Vice-Mayor Micky Steinberg & Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
R7C A Resolution Pursuant To Section 2-11, Of The Code Of Ordinances, The City Commission
Desires To Clarify The Start Time Of City Commission Meetings By Providing For The Start Of
Agenda Business lmmediately After The Last Citizen Speaking During The Dr. Stanley Sutnick
Citizens' Forum Finishes.
(Office of the City Clerk)
2
Commission Agenda, March 16,2016
Reports and lnformational ltems
1. Miami Beach Convention Center Construction Project Update (LTC No. 104-2016).
(Office of the City Manager)
End of Aqenda
3
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4
Presentations and Awards
PA1 EmployeePerformanceRecognition.
(Office of the City Manager)
PAz Proclamation To Be Presented For Dr. Kevin D. Berkowitz, Naming March 18th ln His
Honor Posthumously.
(Sponsored by Commissioner Michael Grieco)
PA3 Certificates Of Recognition To Be Presented To North Beach Elementary School
Students: Mia Borges, Lila Diamond, Tenleigh Edwards, Annika Gelber, Ben Kaplan,
Olivia Moore, Ryen Rasmussen, And Their Team Coaches: Mrs. Temeyer And Leslie
Diamond, For Taking First Place At The Regionals Odyssey Of The Mind Competition
On February,20,2016.
(Sponsored by Commissioner John Elizabeth Alemdn)
PA4 Proclamation To Be Presentated ln Honor Of 2016 World Autism Awareness Month.
(Sponsored by Commissioner Michael Grieco)
Agenda ttem PAI-\
oate 34b4b5
THIS PAGE INTENTIONALLY LEFT BLANK
6
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
Clty Manager And The City Clerk To Execute A Temporary Easement Agreement With Miami-Dade
County (County) For A Non-Exclusive Access And Staging Area Use Easement On City Property ln Order
To Provide 46 Street And 53 Street Beach Access Points To The County, Or lts Designee To Place Clean
Sand On The City's Beaches Under A US Army Corps Of Engineers Beach Renourishment Program,
Which Tem Easement ent ls Attached Hereto As Exhibit 1.
Ensure Well Maintained lnfrastructure
Item Summary/Recommendation:
ln the mid-1970s, the U.S. Army Corps of Engineers (US Army Corps) and Miami-Dade County (County)
entered into a SO-year contract for the joint management of the County's sandy beaches, including those in
the City of Miami Beach. The nourished beach has contributed significantly to the local economy, provided
critical storm protection and erosion control, as well as environmental, recreational and economic benefits
to the City, the region, and the State. However, natural processes, including waves, tidal currents, wind,
storms, flooding, and sea level rise continuously remove sand from the beach system. As such, to maintain
a healthy beach, the US Army Corps, in collaboration and cost-share with the State of Florida and the
County, periodically renourishes the City's beaches as part of their beach renourishment program.
The City, State, County and US Army Corps have coordinated to provide beach material in two severely
eroded areas of the Miami Beach, Miami-Dade County, Florida Erosion Control and Hurricane Protection
Project: 46 Street and 53 Street. ln order to execute this project, the County, on behalf of the US Army
Corps, requires a staging area in the vicinity of these locations in order to stage the vehicles and equipment
needed to install the fill along the beach. The City owns the upland property from the Erosion Control Line
(ECL) that the County and the US Army Corps have requested for staging. As such, the CityAdministration
requests the City Commission authorize the City Manager and City Clerk to execute a Temporary
Easement Agreement with Miami-Dade Countyfor a non-exclusive access and staging area use easement
on City Property attached hereto as Exhibit 1.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial lnformation :
Source of I IFunds: t l-|-t ,-T-I ll sl
oBPt I rotat
I
Financial !mpact Summary:
Glerk's Office
Elizabeth Wheaton, Environment & Sustainability x6121
Department Director Ass istant G ity.{l anager Gity Mlnager
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Cify of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI SION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy Morales, City Manager
DATE: March 16,2015
SUBIECT: A RESOLUTION OF THE MAYO AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH
M|AMI-DADE COUNTY (COUNTY) FOR A NON-EXCLUSIVE ACCESS AND
STAGING AREA USE EASEMENT ON CITY PROPERTY IN ORDER TO
PROVIDE 46 STREET AND 53 STREET BEACH ACCESS POINTS TO THE
COUNTY, OR ITS DESIGNEE TO PLACE CLEAN SAND ON THE CITY'S
BEACHES UNDER A US ARMY CORPS OF ENGINEERS BEACH
RENOURISHMENT PROGRAM, WHICH TEMPORARY EASEMENT
AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1.
ln the mid-1970s, the U.S. Army Corps of Engineers (US Army Corps) and Miami-Dade County
(County) entered into a 50-year contract for the joint management of the County's sandy beaches,
including those in the City of Miami Beach. The nourished beach has contributed significantly to the
local economy, provided critical storm protection and erosion control, as well as environmental,
recreational and economic benefits to the City, the region, and the State. However, natural processes,
including waves, tidal currents, wind, storms, flooding, and sea level rise continuously remove sand
from the beach system. As such, to maintain a healthy beach, the US Army Corps, in collaboration
and cost-share with the State of Florida and the County, periodically renourishes the City's beaches
as part of their beach renourishment program.
The City, State, County and US Army Corps have coordinated to provide beach material in two
severely eroded areas of the Miami Beach, Miami-Dade County, Florida Erosion Control and
Hurricane Protection Project: 46 Street and 53 Street. ln order to execute this project, the County, on
behalf of the US Army Corps, requires a staging area in the vicinity of these locations in order to stage
the vehicles and equipment needed to install the fill along the beach. The City owns the upland
property from the Erosion Control Line (ECL) that the County and the US Army Corps have requested
for staging. As such, the City Administration requests the City Commission authorize the City
Manager and City Clerk to execute a Temporary EasementAgreementwith Miami-Dade Countyfora
non-exclusive access and staging area use easement on City Property attached hereto as Exhibit 1.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attached: Exhibit 1 - Temporary Easement Agreement%11-'^
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8
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT
wrTH M|AM!-DADE COUNTY (COUNTY) FOR A NON-EXCLUSTVE
ACGESS AND STAGING AREA USE EASEMENT ON CITY PROPERTY IN
ORDER TO PROVIDE 46 STREET AND 53 STREET BEACH ACCESS
POINTS TO THE COUNTY, OR ITS DESIGNEE TO PLACE CLEAN SAND
ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF ENGINEERS
BEACH RENOURlSHMENT PROGRAM, WH!CH TEMPORARY
EASEMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1.
WHEREAS, City, State, County and US Army Corps of Engineers (US Army Corps) have
coordinated to provide beach material in two eroded areas of the Miami Beach, Miami-Dade County,
Florida, Erosion Control and Hurricane Protection Project; and
WHEREAS, the lands are located seaward of the erosion control line (ECL) at Miami Beach
between Florida Department of Environmental Protection (FDEP) reference monuments R-49 and
R-51 and between R-53 and R-56; and
WHEREAS, the County, on behalf of the US Army Corps requires a staging area in orderto
stage the vehicles and equipment needed to installthe fill along the beach; and
WHEREAS, the City owns upland property from the ECL, legally described or depicted in
Exhibit A attached hereto (the "Temporary Easement Area"), subject to the terms, conditions,
reservations and restrictions set forth herein that would be used by the County as the staging area.
WHEREAS, the proposed Temporary Easement Agreement (including sketch and legal
description of the Easement) is attached as Exhibit "1" hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Managerand City
Clerk to execute a Temporary Easement Agreement with Miami-Dade County (County) for a non-
exclusive access and staging area use easement on City Property in orderto provide 46 StreetAnd
53 Street beach access points to the County, or its designee to place clean sand on the City's
beaches under a Us Army Corps Of Engineers Beach Renourishment Program, which Temporary
Easement Agreement is attached hereto as Exhibit 1.
PASSED AND ADOPTED this _ day of March, 2016.
ATTEST:
Phillip Levine, Mayor
Rafael Granado, City Clerk
9
This instrument prepared by (and after
recording return to):
Eve A. Boutsis
Chief Deputy City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Reserved for Clerk of Court)
TEMPORARY EASEMBNT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of
the _ day of 2015, by and between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida (the "City"), with an address of 1700 Convention Center Drive, Miami
Beach, Florida 33139, and Miami-Dade County ("County"), a political subdivision of the State of Florida,
I I I NE 1't Street, County Attomey's office, Miami, Florida 33131.
RECITALS:
City, State, County and US Army Corps of Engineers (US Army Corps) have
coordinated to provide beach material in two eroded areas of the Miami Beach,
Miami-Dade County, Florida, Erosion Control and Hurricane Protection Project;
and
The lands are located seaward of the erosion control line (ECL) at Miami Beach
between Florida Department of Environmental Protection (FDEP) reference
monuments R-49 and R-51 and between R-53 and R-56; and
The County, on behalf of the US Army Corps requires a staging area in order to
stage the vehicles and equipment needed to install the fill along the beach; and
The City owns upland property from the ECL, legally described or depicted in
Exhibits A (46'h Street Hot Spot) and B (52'd Street Hot Spot) attached hereto
(the "Temporary Easement Areas"), subject to the terms, conditions, reservations
and restrictions set forth herein that would be used by the County as the staging
area.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth
hereinafter, and for other good and valuable consideration, the receipt and sufficiency ofwhich are hereby
acknowledged, the parties hereby agree that the foregoing recitals are true and correct and further agree as
follows:
l. .2. Grant of Easements. City hereby grants to the Miami-Dade County, forthe use
of the County, its agents, employees, contractors, representatives and licensees, (collectively, the
"Temporary Easement Beneficiaries"), commencing on the Effective Date, the temporary, non-exclusive
easement through the Temporary Easement Areas, subject to the terms, conditions, reservations and
restrictions set forth below. In no event shall the Temporary Easement Beneficiaries, by virtue of this
A.
B.
C.
D.
10
Agreement, have access to the Temporary Easement Areas by, through, across, under or over any other
portion of the City's Property, otherthan as identified in Exhibits A and B from the Designated Paths; it
being agreed that the sole points of access to the Temporary Easement Areas are the locations noted in the
immediately preceding sentence. The Temporary Easement Beneficiaries shall have exclusive use of the
actual Temporary Easement Areas to be utilized for staging of the beach renourishment program. The
travel aisles to the Temporary Easement Areas shall be for non-exclusive use of the Temporary Easement
Beneficiaries.
3. Temporary Easement Areas. At the time this Agreement is recorded, the "Temporary
Easement Areas" shall refer to the spaces identified in Exhibits A and B to be utilized as staging areas. A
temporary easement and right-of-way in, on, over and across (the land described in Exhibits A and B),
and for a period not to exceed 24 months, beginning with date possession of the land is granted to the
project sponsor, for use by the County, the United States, its representatives, agents, and contractors as a
(bonow area) (work area), including the right to (borrow and/or deposit fill, spoil and waste material
thereon) (move, store and remove equipment and supplies, and erect and remove temporary structures on
the land and to perform any other work necessary and incident to the construction ofthe Project, together
with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other
vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the
landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with
or abridging the rights and easement hereby acquired; subject, however, to existing easements for public
roads and highways, public utilities, railroads and pipelines. The actual staging areas shall be for the
exclusive use of the Temporary Easement Beneficiaries, provided however, that the designated travel
lanes, and roadways to the staging area, shall be for a nonexclusive use, as those travel lanes may be
utilized by the general public.
4. Use of the Temporary Easement Areas. The easements granted hereunder shall be for the
purposes of (i) providing the Easement Beneficiaries with a non-exclusive way of passage through the
Temporary Easement Areas for the permitted uses described in paragraph 2, below, and (ii) allowing
ingress and egress for installation of the beach fill, and maintenance/sanitation forthe purposes described
in Agreement. The staging for the 46 Street Hot Spot and the 52 Street Hot Spot, was developed based
on approximately 12 trucks per hour entering the City, each with a capacity to hold 18 Cubic Yards. The
County, or its designee shall provide an onsite public information officer (PIO) be provided for the
duration ofthe project to field questions. Project signage to be clearly posted at staging locations and on
the beach. This signage shall include PIOs contact information. The attached Exhibits A and B provides
the location of the access points that the contractor can use to access the beach. Please note that the
staging area at 53 Street (identified in Exhibit B) is limited to the south east portion of the parking
lot. The City's Parking Departmentwill need to approve the reservation of spaces if the contractorwill
be needing parking in the south east portion of the parking lot, which is part of the Temporary Easement
Area. Each space will cost $25 per day. Vehicular traffrc on the beach should be minimalized.
5. The County, or its designee/contractor shall use 46 Street location to access the
renourishment at 46 Street and the 53 Street location to access the renourishment area at 53 Street. No
vehicles shall be permitted to traverse the beach between 46 Street and 53 Street. Emergency vehicle lane
with a minimum width of 15 feet must be maintained during the duration of the project. Hours of
operation will be limited to the following:
. Work can occur Monday through Sunday, seven (7) days of the week.. Delivery: 6:00 a.m. to I 1:00 p.m.. Beach Construction: 7:00 a.m. to 7:00 p.m. (all operations shall take place after sunrise
and prior to sunset). The 46th Street Hot Spot staging area (Exhibit A) shall be fenced in to preclude general
public access to the staging area.
Page 2 of8
11
The eeunty; er its des;gnee/eentraeter rvill be required te submit an Ir{eT te the eity for revierv and
6. At the 46 Street Hot Spot - The County, andlor its designee, are precluded from using use
the Temporary Easement Area identified in Exhibit A during Art Basel (November 9'h' 2016 through
December 181h, 2016) and the Yacht Show (January 9'n through March l}'h,2017). The County would be
required to evacuate the Temporary Easement Area during this time.
7. Noise Control. All construction equipment used and/or stored or staged on the Temporary
Easement Areas shall be equipped with satisfactory mufflers or other noise abatement devices; and all
work/operations shall comply with all Federal, State, and local laws pertaining to noise.
8. Maintenance Responsibilities. Temporary Easement Area. The County, or its
designee/contractor shall keep the Temporary Easement Areas in good condition, maintenance and repair
of the Temporary Easement Areas necessitated by or required as a result of the negligence of the County,
its agents, employees, contractors, vendors, operators, representatives, licensees, or invitees, in its or their
use of the Temporary Easement Area. The County and its designee shall also be responsible for normal
wear and tear.
9. Utilities. City hereby reserves the right to temporarily restrict access to appropriate
portions of the Temporary Easement Areas as may be necessary for the installation, use, maintenance,
repair, replacement, relocation or removal of utility facilities. City shall provide reasonable notice to the
City Manager of any intended temporary closure; provided however that City shall reserve a right to
temporary close appropriate areas of the Temporary Easement Areas without notice in emergency
circumstances when such utility facilities may cause a safety risk.
10. Enforcement. No action to enforce this Agreement through filing suit shall be pursued by
any party to this Agreement absent 30 days prior written notice of the alleged breach, followed by an
opportunity to cure, which shall be no less than 30 days in length. If the alleged breach is not cured to the
satisfaction of the complaining party, the parties shall attempt in good faith to mediate the dispute. When
and if mediation fails, the sole remedy for such a dispute shall be by action in Circuit Court. The
substantially prevailing party shall be entitled to attorney's fees and costs. For all other provisions of this
Agreement, when and if mediation fails, enforcement shall be with a Court of competent jurisdiction in
and for Miami-Dade County. A violation of Paragraph 6 shall solely require a 24 hour notice prior to
forced ejectment from the 46th Street Staging Area (Exhibit A),
I l. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the City and all of the then fee Owners of the Temporary
Easement Areas. No modification or amendment of this Agreement shall be effective unless in writing
and recorded in the Public Records of Miami-Dade Coungz, Florida.
12. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion,
fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform
(each such event is referred to herein as a "Force Majeure Event"), excluding the financial inability of
such party to perform, shall excuse the performance by such party for a period of time equal to any such
period of prevention, delay or stoppage. Any party seeking to invoke this paragraph shall provide written
notice to the other party as soon as reasonably practicable under the circumstances.
13. Miscellaneous.
Page 3 of8
12
a. Counterparts. This Agreement may be executed in any number of counterparts
and by the separate parties hereto in separate counterparts, each of which shall be deemed an original, but
all of which (when taken together) shall constitute one and the same instrument.
b. Construction. Reference to any paragraph, section, exhibit, or subpart thereof,
unless otherwise provided, shall refer to this Agreement. In construing this Agreement, the singular shall
be held to include the plural, the plural shall be held to include the singular, and reference to any
particular gender shall be held to include every other and all genders. Use of the term "including" shall
mean "including, without limitation". Each of the parties hereto and their counsel have reviewed and
revised, or requested revisions to, this Agreement, and the usual rule of construction that any ambiguities
are to be resolved against the drafting party shall be inapplicable in the construction and interpretation of
this Agreement and any amendments or exhibits to this Agreement.
c. Titles of Paragraphs and Sections. The titles of the several parts, paragraphs and
sections of this Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
d. Notices. Any notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt
requested, in a postage prepaid envelope, and addressed as follows:
If to the City at:City of MiamiBeach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jimmy Morales,
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Raul Aguila,
City Attorney
Tel: 305-673-7 47 0 ext 647 I
Fax: 305-673-7002
RaulAguila@miamibeachfl . gov
Miami-Dade County
Stephen P. Clarke Centerl l l NE l't
Street
Miami, Florida 33131
Attention County Attorney
With a copy to:
lf to the County:
Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery
and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in
the U.S. Mail.
Page 4 of8
13
e. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Agreement. Venue for any action brought hereunder shall
be proper exclusively in Miami-Dade County, Florida.
f. Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND DELIVERED THE CITY OF MIAMI BEACH, FLORIDA, A
IN THE PRESENCE OF: Florida municipalcorporation
Name:
Name:
Attest:
City Clerk
Approved as to form and language
and for execution:
City Attorney Dated
STATE OF FLORIDA )
)
cor.rNTY oF MIAMr-DADE )
The foregoing instrument was acknowledged before me this _ day of 2015 by
Jimmy Morales, City Manager, respectively, for the City of Miami Beach, Florida, on behalf of the City.
Signature of Notary Public
My Commission Expires:
By:
By:
By:
Printed, typed or stamp
Page 5 of8
14
SIGNED, SEALED AND DELIVERED Miami-Dade County
IN THE PRESENCE OF:
Name:
By:
Name:
Title:
Name:
Approved as to form and language
and for execution:
County Attorney Dated
STATE OF FLORIDA )
)
couNTY oF MrAMr-DADE)
The foregoing instrument was acknowledged before me this _ day of , 2016 by
and on behalf of the Miami-Dade County.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
Page 6 of 8
15
Page 7 ofS
16
COMPOSITE EXHIBIT A
LOCATION OF TEMPORARY EASEMENT AREA AND MAP
Page 8 of8
17
EXHIBIT A
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THIS PAGE INTENTIONALLY LEFT BLANK
22
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: March 16,2016
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA,THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
FEBRUARY 12,2016 MEETING TO NAME THE STAGE tN THE NORTH
SHORE PARK BANDSHELL IN HONOR OF MR. CLARK DOUGLAS
BURRIS AND, PURSUANT TO SECTION 82.503 OF THE CIry CODE,
SETTING A PUBLIC HEARING FOR APRIL 13, 2016 AND DIRECTING THE
CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE.
BACKGROUND
Mr. Clark Douglas Burris received a Master's Degree in Music Education from the
University of Miami, School of Music in 1969. ln June of 1971, Mr. Burris was hired as a
teacher at Miami Beach Senior High School ("MBSHS") where he taught music, classical
guitar, led the Guitar Ensemble, and is most known for founding the Miami Beach Senior
High School Rock Ensemble 44 years ago in 1972.
Under Mr. Burris'direction, the Rock Ensemble rose to national prominence, won many
honors, was featured in newspaper articles and on television networks such as CBS,
CNN, and MTV. The Rock Ensemble performed in many cities across the United States,
including a performance in 1999 at the Rock and Roll Hall of Fame and Museum in
Cleveland, Ohio, where the Ensemble was awarded a plaque commending it for "Rockin'
the Planet since '1972".
Mr. Burris was inducted into the Miami Beach Senior High School Alumni Association
Hall of Fame on November 10,2000 in "Recognition of his Achievements and
Contributions to Society," and he retired from MBSHS in June 2012 afler 41 years of
dedicated service.
Mr. Burris passed away on January 23,2016, but his legacy as a mentor to countless
students over his distinguished teaching career continues to inspire the Miami Beach
community
On February 10, 2016 the City Commission referred an item to
Neighborhood/Community Affairs Committee by Vice-Mayor Micky Steinberg, regarding
the naming of the stage in the North Shore Park Bandshell in honor of Mr. Clark Douglas
Burris, a highly respected and influential music teacher at Miami Beach Senior High
School for 41 years.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
Asenda ttem R'? bDateT/6723
At the February 12, 2016 Neighborhood/Community Affairs Committee, the item was
discussed and, based upon his significant contributions to the Miami Beach community,
the Committee unanimously approved a motion recommending the naming of the stage
in the interior of the North Shore Park Bandshell in honor of Mr. Clark Douglas Burris.
Action Required
Administration recommends the Mayor and City Commission hereby accept the
recommendation of the Neighborhood/Community Affairs Committee at its February 12,
2016 meeting to name the stage in the North Shore Park Bandshell in honor of Mr. Clark
Douglas Burris.
JLM/
24
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS FEBRUARY 12, 2016 MEETING
TO NAME THE STAGE IN THE NORTH SHORE PARK
BANDSHELL IN HONOR OF MR. CLARK DOUGLAS BURRIS
AND, PURSUANT TO SECTION 82.503 OF THE CITY CODE,
SETTING A PUBLIC HEARING FOR APRIL 13, 2016 AND
DIRECTING THE CITY CLERK TO PUBLISH THE
APPROPRIATE PUBLIC NOTICE.
WHEREAS, during the February 10, 2016 City Commission meeting, a
discussion item was referred to the Neighborhood/Community Affairs Committee by
Vice-Mayor Micky Steinberg regarding the naming of the stage in the North Shore Park
Bandshell in honor of Mr. Clark Douglas Burris, a highly respected and influential music
teacher at Miami Beach Senior High School for 41 years; and
WHEREAS, on February 12, 2016, the Neighborhood/Community Affairs
Committee considered the matter and, based upon his significant contributions to the
Miami Beach community, the Committee unanimously approved a motion
recommending the naming of the stage in the interior of the North Shore Park Bandshell
in honor of Mr. Clark Douglas Burris; and
WHEREAS, Mr. Burris received a Master's Degree in Music Education from the
University of Miami School of Music in 1969, and in 1970 Mr. Burris was diagnosed with
multiple sclerosis at the age of 28; and
WHEREAS, in June of 1971, Mr. Burris was hired as a teacher at Miami Beach
Senior High School ("MBSHS") where he taught music, classical guitar, led the Guitar
Ensemble, and is most known for founding the Miami Beach Senior High School Rock
Ensemble 44 years ago in 1972; and
WHEREAS, under Mr. Burris' direction, the Rock Ensemble rose to national
prominence, won many honors, was featured in newspaper articles and on television
networks such as CBS, CNN, and MTV, and performed in many cities across the United
States, including a performance in 1999 at the Rock and Roll Hall of Fame and Museum
in Cleveland, Ohio, where the Ensemble was awarded a plaque commending it for
"Rockin' the Planet since 1972"; and
WHEREAS, Mr. Burris was inducted into the Miami Beach Senior High School
Alumni Association Hall of Fame on November 10, 2000 in "Recognition of his
25
Achievements and Contributions to Society," and he retired from MBSHS in June 2012
after 4l years of dedicated service; and
WHEREAS, in 2015, Mr. Burris published his autobiography, "Walk and Roll," in
which he recounts his story of directing alternative music programs for over 40 years
while enduring the physical challenges of multiple sclerosis; and
WHEREAS, Mr. Burris passed away on January 28, 2016, but his legacy as a
mentor to countless students over his distinguished teaching career continues to inspire
the Miami Beach community.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community
Affairs Committee at its February 12, 2016 meeting to name the stage in the North
Shore Park Bandshell in honor of Mr. Clark Douglas Burris and, pursuant to Section 82-
503 of the City Code, hereby set a public hearing for Apri! 13, 2016 and direct the City
Clerk to publish the appropriate public notice at least ten (10) days prior to the public
hearing in a newspaper of general circulation in the City of Miami Beach.
PASSED AND ADOPTED this day of.2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION,
*JE'/ttt'
N Dote
F:\AfiO\TURN\RESOS\ReSo Sefting Hearing for Bandshell Stage naming.Burris.doc
26
Cityof MiomiBeoch, l700ConventionCenterDrive,Miomi Beoch,Florido33,139,www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAM!BEACH
TO:
FROM:
DATE:
Mayor Philip Levine and Members of the City Commission
Rafael E. Granado, City Clerk /
March 16,2016
v"'v 'ie'|E'I"
/ Jl
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSTON OF THE CITY OF MIAM!
BEACH, FLORIDA, PURSUANT TO SECTION 2.11, OF THE CODE OF ORDINANCES,
THE CITY COMMISSION DESIRES TO CLARIFY THE START TIME OF GITY
COMMISSION MEETINGS BY PROVIDING FOR THE START OF AGENDA BUSINESS
IMMEDIATELY AFTER THE LAST CITIZEN SPEAKING DURING THE DR. STANLEY
SUTNICK CITIZENS' FORUM FINISHES.
This resolution was drafted pursuant to Commissioner Joy Malakoffs suggestion at the March 9,
201 6 Commission Meeting.
ln order to run a more efficient meeting, should there be no speakers, or a limited number of
speakers during the two Citizen's Forum, which would result in less than the each 30 minute Citizen
Forum from being utilized, we are hereby requesting the adoption of the attached resolution, which
would allow the City Commission to proceed immediately into City business.
T:\AG EN DA\20'l 6U\ilarch\C ity Clerk\sutnick.doc
R7LWItem
Date
Agenda27
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 2.11, OF
THE CODE OF ORDINANCES, THE GITY COMMISSION DESIRES TO
CLARIFY THE START TIME OF CITY COMMISSION MEETINGS BY
PROVIDING FOR THE START OF AGENDA BUSINESS IMMEDIATELY
AFTER THE LAST CITIZEN SPEAKING DURING THE DR. STANLEY
SUTNICK CITIZENS' FORUM FINISHES.
WHEREAS, historically, the City Commission has provided for citizen input at City
Commission meetings; and
WHEREAS, on January 22, 1992, a Citizens' Forum was formally created by motion of
the City Commission to provide an established time during Commission meetings for residents
to address the City Commission from 1:30 p.m. to 2:30 p.m.; and
WHEREAS, on July 28, 1993, pursuant to City Commission motion, the Citizens' Forum
was renamed the "Dr. Stanley Sutnick Citizens' Forum" in recognition of the civic activist who
contributed to the creation of the formal forum; and
WHEREAS, over the years, the schedule for the Citizen's Forum has been changed;
and upon the adoption of Resolution 2013-28440, the City Commission modified the times for
the Citizens' Forum to reflect the following scheduled: from 8:30 a.m. to 9:00 a.m. and from 1:00
p.m. to 1:30 p.m.; and
WHEREAS, in order to run a more efficient meeting, should there be no speakers, or a
limited number of speakers during the two Citizen's Forum, which would result in less than the
each 30 minute Citizen Forum from being utilized, the City Commission will now proceed
immediately into City business.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, pursuant to Section 2-11, of the
Code of Ordinances, the City Commission desires to clarify the start time of City Commission
Meetings by providing for the start of agenda business immediately after the last citizen
speaking during The Dr. Stanley Sutnick Citizens' Forum finishes.
PASSED AND ADOPTED this
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
FIATTO\BOTJE\RESOS\STJTNICK HOTJR.dOCX
day of March, 2016.
PHILIP LEV!NE, MAYOR
APPROVED AS TO
FORM & IANGUAGE
& FOR E)(ECUTION
?!l*,\: ,=-,:'-.,t
@Rtomey Date
28
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
OFFICE OF THE CIry MANAGER
LTC # rc4-2016
TO: Mayor Philip Levine and Members
LETTER TO COMMISSION
FROM:
DATE:
SUBJECT:Miami Beach Convention Center Con-struction Project Update
The purpose of this LTC is to update the Mayor and City Commission on the Miami
Beach Convention Center renovation and expansion project for the month of February
2016. Project dashboard is attached as Exhibit A and a corresponding Budget Summary
Breakdown is attached as Exhibit B. ln addition, narrative updates are as follows:
BIDDING
Clark awarded an additional $9 million in trade contracts in February; bringing the total
under contract to $373 million out of the budgeted $410 million. New awards related to
overhead doors, carpeUresilient tile, loading dock equipment; expansion joints, food
service equipment, resinous flooring, and termite control. Total trade contracts to date
are above the trade cost budget by approximately $3 million. lt has not been determined
yet if the overage will be allocated to the $Zg.l million construction manager's
contingency already included within the Guaranteed Maximum Price ("GMP"), or the $35
million owner's contingency. The determination will be made as part of the GMP
reconciliation process currently scheduled for April of this year.
GMP DRAW
Construction commenced in November, 2015. A total amount of $28,459,764, or 5.5o/o,
of the total GMP amount of $515,458,058 has been invoiced to February 29,2016. For
a detailed breakdown, refer to Exhibit B.
DESIGN STATUS
Construction documents (100% Design) were completed on February 22, 2016. The
Building Department and Fire Department are performing their final review.
SCHEDULE
Progress remains on schedule to meet the Art Basel 2016 milestone date of November
17, 2016. The following trade contractors mobilized in February: Concrete, Roofing,
Structural Steel, and Soil Compaction. Production piles began on the North addition.
Jimmy L. Morales, City Manager
March 11, 2016
29
Miami Beach Convention Center Project Monthly Construction Project Update
March 11, 2016
Page 2 of 3
The following schedule summarizes the key milestones being tracked for Phase
ends in December 2016:
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CONSTRUCTION
Key construction activities include:
. Began installation of production piles at North Addition
o Began soil stabilization at North Addition
. Relocating and installing site utilities, north
. Began demo of Washington Ave. fagade
. Began structural steeljoist reinforcement
. Fabricating Curtain wall performance mock-up
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30
Miami Beach Convention Center Project Monthly Construction Project Update
March 11, 2016
Page 3 of 3
. Completingseparation
o Mobile Kitchen Set up in South Dock
As was mentioned in last month's project update, Clark indicated that their original plan
of keeping the eastside kitchen in operation while the eastside is being renovated was
not viable. The Clark team quickly installed a temporary kitchen in about two and one-
half weeks. The temporary kitchen will be removed prior to Art Basel this year.
OWNER COSTS
A total of $42,122,037, or 59%, of the owner cost budget has been expended to date.
The high percentage is due to the inclusion of design as a large component of Owner's
Cost. For a detailed breakdown, refer to Exhibit B.
LOCAL HIRE
Clark Construction continues their commitment to maximizing workforce opportunities for
City of Miami Beach and Miami-Dade County residents. Attached as Exhibit C is a
summary of the local hiring efforts, to date, of Clark and its subcontractors. The current
report shows a summary of all employees on the prolect thus far, sorted by zip code.
This shows that Clark is currently over 56% local hire (Miami Beach and Miami-Dade
County) by individual and over 49o/o by man-hours.
Also, on March 8, Clark conducted a Job Fair which was held at the Botanical Garden.
The event was advertised in the Sunday Miami Herald and fliers (refer to Exhibit D) were
distributed to Clark's local resource partners as well as various staffing agencies.
Approximately 100 people attended with 10 convention center subcontractors and lower
tier subcontractors represented. Applicants had the opportunity to meet face to face with
hiring officials and submit resumes.
lf there are any questions, please do not hesitate to contact myself or Maria Hernandez
at Extension 2584.
Attachments:
Exhibit A - Project Dashboard and Site Photos
Exhibit B - Budget Summary Breakdown
Exhibit C - Clark Construction Local Hiring Plan
Exhibit D - Job Fair Flier
JLM / MH
F:\cmgA$ALL\Convention Center\Commission Updates - Monthly_Quarterly\2016 February Monthly (March
Commission)\MBCC Project Construction Update 2016 03 1 0.docx
31
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EXHIBIT D
Cailrng A.( Lc(.l lYortefil
lnterested rn becqnlng . pqrt 6{ !h* $}dmr 8e&ch
Cooveotlon Center Renovanqa Fropctl Corna by rrdylrlt the pror€(t ts.rn rt our Jo& fle{ri
ehh*/,"-".
,*$ry'sfstl
coffiltrt,(nox
Jos
FAIRffittil
E *'. - A.JtI*****v,
I-.=t.-.-{.g
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n:*"'- ffi;ffi*ffi'tr
C *'*"&.-* r,qLwffi
tEr .-. _ --_:=
Cancral frorfi t Ovcrvt*rv
This work ln part af rhe Coflvention Center
Renovation & Expans&n *pJect. tVork began n
Sec*rlrber 20LS md h smticigated to b€
cornpleted by July 2C18.
The total prsj€ct hrdg€t b 36tS r"ntrlion and is
fundsd by County and M.rnicipal bonds.
Dqvnload furoect Fact Sheet Here
Anmlairc Srndrrx I
anncleircQi rcprgroup.com l r86.t3{.8a56
See what's hagpeninE on orril soc*,El sites
@nniamibeadmsws
m Elg[
36