20160413 AM3MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 3
City Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive
April 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alemdn
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
Vrslf 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 al! lobbyists with the City Glerk prior to engaging in any tobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
R7 - Resolutions
R7P A Resolution Condemning The lnvidious And Discriminatory Legislation Recently Adopted By
The States Of North Carolina And Mississippi, Prohibiting Official City Travel To North Carolina
And Mississippi, And lmposing, As Of The Date Of Adoption Of This Resolution, A Moratorium
On The Purchase By The City Of Goods Or Services Sourced ln North Carolina Or Mississippi,
Until Such Discriminatory Legislation ls Either Repealed Or Declared Unconstitutional ByA Court
Of Law; Provided, However, That The Aforestated Moratorium Shall Be Prospective And Shall
Not Be Construed To Terminate And/Or Othenruise lmpair Any Existing And/Or Previously
Awarded City Contracts; And Directing The City's Procurement Director To lnclude This
Resolution ln All City lnvitations To Bid (lTBs), lnvitations To Negotiate (lTNs), Requests For
Proposals (RFPs), And Requests For Qualifications (RFQs)..
(Sponsored By Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
1 The sponsor of the addendum agenda item deems that such item either constitutes a public emergency affecting life, health,
property, or public safety and should be considered immediately; or does not constitute a public emergency, but should be
considered immediately. See Miami Beach Code Sec. 2-12 (c)(3).
1
Addendum 3, April 13,2016
R7Q A Resolution Welcoming And Urging PaypalTo Relocate lts Proposed GlobalOperations CenterTo
Miami Beach, ln Light Of North Carolina's Enactment Of Legislation Permitting Discrimination
Against The LGBT Community, And Welcoming And Urging Other Businesses To Relocate
Operations To Miami Beach, Which ls An lnclusive And Diverse City That Boasts Comprehensive
Human Rights Protections.
(Sponsored by Commissioner Ricky Arriola)
(Legislative Tracking: Office of the City Attorney)
2
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: April 13,2016
Eil"t-*axr ffitl\H
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAM!
BEACH, FLORIDA, CONDEMNING THE INVIDIOUS AND
DISCRTMINATORY LEGISLATION REGENTLY ADOPTED BY THE
STATES OF NORTH CAROLINA AND MISSISSIPPI, PROHIBITING
OFFICTAL CITY TRAVEL TO NORTH CAROLINA AND MISSISSIPPI, AND
IMPOSING, AS OF THE DATE OF ADOPTION OF THIS RESOLUTION, A
MORATORTUM ON THE PURCHASE BY THE CITY OF GOODS OR
SERVIGES SOURCED IN NORTH CAROLINA OR MISSISSIPPI, UNTIL
SUCH DISCRIMINATORY LEGISLATION IS EITHER REPEALED OR
DECLARED UNCONSTITUTIONAL BY A COURT OF LAW; PROVIDED,
HOWEVER, THAT THE AFORESTATED MORATORIUM SHALL BE
PROSPECTIVE AND SHALL NOT BE CONSTRUED TO TERMINATE
AND/OR OTHERWISE IMPAIR ANY EXISTING AND/OR PREVIOUSLY
AWARDED Clry GONTRAGTS; AND DIREGTING THE CITY'S
PROCUREMENT DIRECTOR TO INCLUDE THIS RESOLUTION IN ALL
CITY INVITATIONS TO BID (lTBs), INVITATIONS TO NEGOTIATE (lTNs),
REQUESTS FOR PROPOSALS (RFPS), AND REQUESTS FOR
QUALIFIGATIONS (RFQs).
Attached for review by the Mayor and City Commission is a Resolution sponsored by Mayor
Philip Levine.
RA/Nl(sc
F:\ATTO\KALN\COMMISSION MEMOS\Reso Re Moratorium on the Purchase by the City of Goods or Services.docx
Aoenda rtem RlP
DateT:TT-3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF
MIAM! BEACH, FLORIDA, CONDEMNING THE INV!DIOUS AND
DISCRIMINATORY LEGISLATION REGENTLY ADOPTED BY
THE STATES OF NORTH CAROLINA AND MISSISSIPPI,
PROHIBITING OFFICIAL CITY TRAVEL TO NORTH CAROLINA
AND MTSSISSIPPI, AND IMPOSING, AS OF THE DATE OF
ADOPTION OF THIS RESOLUTION, A MORATORIUM ON THE
PURCHASE BY THE CITY OF GOODS OR SERVICES
SOURCED IN NORTH CAROLINA OR MISSISSIPPI, UNTIL
SUCH DISCRIMINATORY LEGISLATION IS EITHER
REPEALED OR DECLARED UNCONSTITUTIONAL BY A
COURT OF LAW; PROVIDED, HOWEVER, THAT THE
AFORESTATED MORATORIUM SHALL BE PROSPECTIVE
AND SHALL NOT BE CONSTRUED TO TERMINATE AND/OR
OTHERWISE IMPAIR ANY EXISTING AND/OR PREVIOUSLY
AWARDED Clry CONTRACTS; AND DIRECTING THE CITY'S
PROCUREMENT DIRECTOR TO INCLUDE THIS RESOLUTION
lN ALL CITY INVITATIONS TO BID (lTBs), INVITATIONS TO
NEGOTTATE (lTNs), REQUESTS FOR PROPOSALS (RFPs)'
AND REQUESTS FOR QUALIFIGATIONS (RFas).
WHEREAS, the City of Miami Beach's Human Rights Ordinance declares that "there is
no greater danger to the health, morals, safety and welfare of the city and its inhabitants than
the existence of preludice against one another and antagonistic to each other because of
differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, or disability"; and
WHEREAS, as stated in the Human Rights Ordinance, "prejudice, intolerance, bigotry
and discrimination and disorder occasioned thereby threaten the rights and proper privileges of
its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic
society"; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, and disability; and
WHEREAS, recently, state legislatures across the country have considered a wave of
legislation that threatens the health, safety, and welfare and weakens the civil rights of the
lesbian, gay, bisexual, and transgender ("LGBT") community; and
WHEREAS, on March 22, 2016, the North Carolina Legislature abruptly convened a
special session on March 23, 2016 to consider legislation (i) barring transgender individuals
from restrooms and locker rooms that do not match the gender on their birth certificates, (ii)
preempting municipalities from enacting local antidiscrimination policies, (iii) preempting local
governments from raising minimum wage levels above the state level, and (iv) preempting local
4
governments from imposing antidiscrimination policies or additional labor requirements (e.9.,
minimum wage) on their contractors ("HB 2"); and
WHEREAS, the legislation was introduced, voted on, adopted by both houses of the
legislature, and signed by North Carolina Governor Pat McCrory, all in one day; and
WHEREAS, Roy Cooper, the Attorney Generalfor North Carolina, has refused to defend
the constitutionality of HB 2, finding that the Governor "signed state-wide legislation that puts
discrimination into the law"; and
WHEREAS, the American Civil Liberties Union ("ACLU'), the ACLU of North Carolina,
Lambda Legal, and Equality North Carolina have filed a lawsuit challenging HB 2 as
unconstitutional under the Equal Protection Clause and Due Process Clause of the Fourteenth
Amendment, and for violating Title lX of the Civil Rights Act (prohibiting discrimination in
education on the basis of sex); and
WHEREAS, on April 5,2016, Mississippi Governor Phil Bryant signed the deceptively
titled "Protecting Freedom of Conscience from Government Discrimination Act," which would
allow religious organizations and private businesses with religious objections to discriminate
against LGgf individuals in the realms of employment; housing; child adoption services; foster
cire; psychological, counseling, and fertility services; wedding-related services; student dress
codes; access io restrooms; and the issuance of marriage licenses or performance of marriages
by state employees; and
WHEREAS, the Mississippi law has been denounced as some of the worst antl-LGBT
legislation ever adopted; and
WHEREAS, such widespread discrimination threatens the health, safety, and welfare of
the LGBT community; and
WHEREAS, in the wake of such discriminatory legislation, ten mayors, including the
mayors of New York City, Washington, D.C., Seattle, Philadelphia, San Francisco, Portland,
Honolulu, Santa Fe, Tampa, and Oakland, have formed a coalition called Mayors Against
Determination to oppose discriminatory laws, prohibit official travel to states with discriminatory
laws, and explore prohibitions on contracting and purchasing from companies in these states;
and
WHEREAS, the Mayor and City Commission of the City of Miami Beach vehemently
oppose any law that encourages discrimination against members of the LGBT community, many
of whom are among society's most vulnerable individuals; and
WHEREAS, in order to communicate the City's clear opposition to discriminatory
legislation, the Mayor and City Commission desire to impose a moratorium, effective
imhediately, on official City travel to North Carolina and Mississippi, and on purchases of goods
and services sourced in North Carolina and Mississippi; and
WHEREAS, the aforestated moratorium is not intended to (nor shall it) terminate,
prohibit, and/or othenruise impair any existing and/or amended (but not yet executed) City
contract for goods and services sourced in North Carolina or Mississippi.
5
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND CITY
COMMTSSTON OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby condemn the invidious and discriminatory legislation recently adopted by
the states of North Carolina and Mississippi, prohibit official City travel to North Carolina and
Mississippi, and impose, as of the date of adoption of this Resolution, a moratorium on the
purchase by the City of goods or services sourced in North Carolina or Mississippi, until such
discriminatory legislation is either repealed or declared unconstitutional by a court of law;
provided, however, that the aforestated moratorium shall be prospective and shall not be
construed to terminate and/or othenruise impair any existing and/or previously awarded City
contracts; and direct the City's Procurement Director to include this Resolution in all City
lnvitations to Bid (lTBs), lnvitations to Negotiate (lTNs), Requests for Proposals (RFPs), and
Requests for Qualifications (RFas).
PASSED AND ADOPTED this
-
day of ,2016.
Attest:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Mayor Philip Levine)APPROVED AS TO
FORM & LANGUAGE
NK
City AttorneY
F:\ATTO\1(ALN\RESOLUTIONS\Reso opposing discriminatory state legislation.docx
6
MIAMIBEACH
OFFICE OF THE ClrY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
To:
From:
Mayor Philip Levine
Members of the Ci[ Commission
8it^r-*a:,.,[6\u'
Date: April 13, 2016
Subject: A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF MIAMI
BEAGH, FLORIDA, WELCOMING AND URGING PAYPAL TO RELOCATE
ITS PROPOSED GLOBAL OPERATIONS CENTER TO MIAMI BEACH, IN
LIGHT OF NORTH CAROLINA'S ENACTMENT OF LEGISLATION
PERMITTING DISCRIMINATION AGAINST THE LGBT COMMUNITY, AND
WELGOMING AND URGING OTHER BUSINESSES TO RELOCATE THEIR
OPERATIONS TO MIAMI BEACH, WHICH IS AN INCLUSIVE AND
DIVERSE CITY THAT BOASTS COMPREHENSIVE HUMAN RIGHTS
PROTECTIONS.
Attached for review by the Mayor and City Commission is a Resolution sponsored by
Commissioner Ricky Arriola.
RA/NKsc
F:\ATTO\KALN\COMMISSION MEMOS\Reso Re Pay Pal.docx
Asenda ltem R7 Qoate y-13-lC7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
MIAMI BEACH, FLORIDA, WELCOMING AND URG!NG
PAYPAL TO RELOCATE ITS PROPOSED GLOBAL
OPERATIONS CENTER TO MIAMI BEACH, IN LIGHT OF
NORTH CAROLINA'S ENACTMENT OF LEGISLATION
PERMITTING DISCRIMINATION AGAINST THE LGBT
COMMUNITY, AND WELCOMING AND URGING OTHER
BUSINESSES TO RELOCATE THEIR OPERATIONS TO MIAMI
BEACH, WHICH IS AN INCLUSIVE AND DIVERSE CITY THAT
BOASTS COMPREHENSIVE HUMAN RIGHTS PROTECTIONS.
WHEREAS, the City of Miami Beach's Human Rights Ordinance declares that "there is
no greater danger to the health, morals, safety and welfare of the city and its inhabitants than
the existence of prejudice against one another and antagonistic to each other because of
differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, or disability"; and
WHEREAS, as stated in the Human Rights Ordinance, "prejudice, intolerance, bigotry
and discrimination and disorder occasioned thereby threaten the rights and proper privileges of
its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic
society"; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, and disability; and
WHEREAS, PayPal is a global payments platform that is available to people in more
than 200 markets, allowing customers to get paid in more than 100 currencies, withdrawfunds
to their bank accounts in 57 currencies and hold balances in their PayPal accounts in 26
currencies; and
WHEREAS, in 2015, PayPal processed $282 billion in payments, and earned $9.24
billion in revenue; and
WHEREAS, in March 2016, PayPal announced plans to open a new global operations
center in Charlotte and employ over 400 people in skilled jobs-an investment valued at $3.6
million; and
WHEREAS, recently, state legislatures across the country have considered a wave of
legislation that threatens the health, safety, and welfare and weakens the civil rights of the
lesbian, gay, bisexual, and transgender ("LGBT") community; and
WHEREAS, on March 22, 2016, the North Carolina Legislature abruptly convened a
special session on March 23, 2016 to consider legislation (i) barring transgender individuals
from restrooms and locker rooms that do not match the gender on their birth certificates, (ii)
preempting municipalities from enacting local antidiscrimination policies, (iii) preempting local
8
governments from raising minimum wage levels above the state level, and (iv) preempting local
governments from imposing antidiscrimination policies or additional labor requirements (e.9.,
minimum wage) on their contractors ("HB 2"); and
WHEREAS, as a direct result of the adoption of HB 2, PayPal has withdrawn its plan to
expand its operations into Charlotte; and
WHEREAS, in a press release, PayPal stated that this decision "reflects PayPal's
deepest values and . . . strong belief that every person has the right to be treated equally, and
with dignity and respect. These principles of fairness, inclusion, and equality are at the heart of
everything [PayPal] seek[s] to achieve and stand for as a company"; and
WHEREAS, though PayPal regrets that it will not have the opportunity to "be a part of
the Charlotte community," PayPal stated that "becoming an employer in North Carolina, where
members of [PayPal's] teams will not have equal rights under the law, is simply untenable"; and
WHEREAS, the American Civil Liberties Union ("ACLU"), the ACLU of North Carolina,
Lambda Legal, and Equality North Carolina have filed a lawsuit challenging HB 2 as
unconstitutional under the Equal Protection Clause and Due Process Clause of the Fourteenth
Amendment, and for violating Title lX of the Civil Rights Act (prohibiting discrimination in
education on the basis of sex); and
WHEREAS, Roy Cooper, the Attorney Generalfor North Carolina, has refused to defend
the constitutionality of HB 2, finding that the Governor "signed state-wide legislation that puts
discrimination into the law"; and
WHEREAS, leaders and high-ranking executives of more than one hundred companies,
including American Airlines, Apple, Bank of America, Facebook, GE, Google, lBM, Marriott, and
PayPal, have signed a letter urging the repeal of HB 2, arguing that "[t]he business community,
by and large, has consistently communicated to lawmakers at every level that such laws are
bad for [their] employees and bad for business"; and
WHEREAS, inclusionary state and local laws allow businesses to recruit and retain the
most qualified and talented individuals; and
WHEREAS, the City of Miami Beach, which boasts a comprehensive Human Rights
Ordinance, and an inclusive and diverse community of residents, businesses, and visitors,
hereby urges and welcomes PayPal, and any other companies opposed to harmful
discrimination, to relocate their operations to Miami Beach.
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 welcome and urge PayPal to relocate its proposed global operations center
to Miami Beach, in light of North Carolina's enactment of legislation permitting discrimination
against the LGBT community, and welcome and urge other businesses to relocate operations to
Miami Beach, which is an inclusive and diverse city that boasts comprehensive human rights
protections.
9
Attest:
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Ricky Arriola)
PASSED AND ADOPTED this _ day of ,2016.
Philip Levine
Mayor
APPROVED AS TO
FORM & LANGUAGE
City Attorney \ .\ Dote
\\]K
& FOI?,{XECUTION
-
F:\ATTO\KALN\RESOLUTI ONS\PayPal Reso.docx
10