20130417 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
April17, 2013
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with 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 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.
SUPPLEMENTAL AGENDA
C7 -Resolutions
C7E A Resolution Authorizing The Donation Of Two (2) Freightliner FL60 Ambulances, In "As Is"
Condition, To Our Sister City Of lea, Peru; And Authorizing The Donation Of Fifteen (15)
Incomplete Sets Of Firefighting Protective Clothing, Forty-Five (45) Sections Of Hose, And Ten
(1 0) Self Contained Breathing Apparatus (SCBA), In "As Is" Condition, To Our Sister City Of
Cozumel, Mexico.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: Fire Department)
( Resolution)
C7L A Resolution Approving A Month-To-Month Extension Of The Agreement Between The City And
Clear Channel Adshellnc. (Adshel), To Construct, Operate And Maintain Directory Structures In
The Lincoln Road Area; With Said Extension Commencing On April18, 2013, And Terminable
By The City, For Convenience And Without Cause, Upon Thirty (30) Days Prior Written Notice
To Adshel.
(Public Works)
(Resolution)
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Supplemental Material1, April17, 2013
C7-Resolutions (Continued)
C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To
The Professional Services Agreement With Industrial/Organizational Solutions, Inc., Approved By The
City Commission On July 18, 2012; Said Amendment To Provide Additional Testing Services During
The First Contract Year For Police And Fire Entry Level Positions; And Requesting Additional
Funding, In An Amount Not To Exceed $70,000.
(Human Resources)
(Resolution)
R7 -Resolutions
R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Employment
Agreement Between The City Of Miami Beach And City Manager Jimmy Morales, With The City
Manager's Term Of Employment Having Deemed To Commence Retroactively, As Of April1, 2013.
(City Attorney's Office)
(Resolution & Agreement)
R7G Bicycle Lane Along Prairie Avenue And Royal Palm Avenue
1. A Resolution Accepting The City Administration's Recommendation Following A Presentation
To The Finance And Citywide Projects Committee On March 21, 2013, To Maintain The
Current Width Of Prairie Avenue, As Well As Its Bicycle Lane, Pursuant To The Regulations
Established By The Miami-Dade County Public Works Department; And Further Retaining
Royal Palm Avenue's Design, As Proposed In The Construction Plans For Central Bayshore
(Package A).
2. A Resolution Directing The City Administration To Continue To Evaluate The Reduction Of
Prairie Avenue To Eliminate The Current Bicycle Lane, And To Further Study The Possibility
Of Including An "Advisory Bicycle Lane" Along Both Prairie Avenue And Royal Palm Avenue;
And Further Authorizing The City Manager To De-Program Work Associated With The
Construction Of The Valley Gutters, As Well As Proposed Re-Grading And Milling And
Resurfacing Along Prairie Avenue, As Outlined In Amendment No 2 To The Construction
Contract With Lanzo Construction Co. For The Central Bayshore (Package A) And Lake
Pancoast (Package C) Projects (And As Previously Approved Under Resolution No. 2013-
28163); Modifying Amendment No.2 To The Contract With Lanzo To Add To The Contract
Funds For A One Inch (1 ")Overlay Of Asphalt Over The Current Existing Roadway, And Re-
Surface The Street To A Drivable Condition (During The Approval Process, For An Advisory
Bicycle Lane) By Providing For All Respective Credits And Charges (To Be Further Defined
And Amended Into The Contract At A Later Date); Further Authorizing The City Manager Or
His Designee To Negotiate The Changes To Amendment No. 2, As Set Forth In This
Resolution, And Authorizing The Mayor And City Clerk To Execute The Revised Amendment
No.2.
(Capital Improvement Projects Office)
(Resolutions)
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Supplemental Material1, April17, 2013
R9 -New Business and Commission Requests
R9D Discussion Regarding A Resolution Urging The United States Congress To Support National
Immigration Reform That Leads To A Pathway To United States Citizenship And That Maintains The
United State's Competitiveness In The Global Economy, And Further Directing The City Clerk To
Transmit A Copy Of This Resolution To The Miami-Dade County Congressional Delegation.
(Requested by Mayor Matti Herrera Bower)
(Memorandum & Resolution)
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RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
DONATION OF TWO (2) FREIGHTLINER FL60 AMBULANCES, IN
"AS IS" CONDITION, TO OUR SISTER CITY OF ICA, PERU; AND
AUTHORIZING THE DONATION OF FIFTEEN (15) INCOMPLETE
SETS OF FIREFIGHTING PROTECTIVE CLOTHING, FORTY-FIVE
(45) SECTIONS OF HOSE, AND TEN (10) SELF CONTAINED
BREATHING APPARATUS (SCBA), IN "AS IS" CONDITION, TO OUR
SISTER CITY OF COZUMEL, MEXICO.
WHEREAS, the City wishes to donate one (1) 2000 Freightliner FL60 ambulance
(vehicle numbers 1008 mileage 107,640) and one (1) 2002 Freightliner FL60 ambulance
(vehicle 1012 mileage 113,581) (estimated remaining value of less than $25,000 each) to
its Sister City of lea, Peru; and
WHEREAS, the City wishes to donate fifteen (15) incomplete sets of firefighting
protective clothing (no remaining value), thirty one (31) 50 foot sections of 1 'Y:! inch hose (no
remaining value), fourteen (14) 50-foot sections of 2'Y:! inch hose (no remaining value), and
ten ( 1 0) self contained breathing apparatus with air-tank and mask (market value $725 if
refurbished estimated current condition value $350 each) to the Sister City of Cozumel,
Mexico; and
WHEREAS, these donations are expressly made in an "as is" condition and the City
makes no representations as to the condition of the vehicles and equipment, and no
warranties, either expressed or implied, and assumes no further responsibility on behalf of
the City as to said vehicles and equipment.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and
Commission herein authorize the donation of two (2) Freightliner FL60 ambulances to the
Sister City of lea, Peru; and authorize donation of fifteen (15) incomplete sets of firefighting
protective clothing, forty five (45) sections of hose, and ten (1 0) self contained breathing
apparatus to the Sister City of Cozumel, Mexico.
PASSED AND ADOPTED THIS 1 th day of April, 2013.
ATTEST:
CITY CLERK
T:\AGENDA \2013\April 17\vehicle donation reso2013.docx
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MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOI-l EX~CUTION
·~ ~genda Item C 1 E
Date ~-\1-13
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RESOLUTION, _________ _
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A MONTH-TO-MONTH EXTENSION
OF THE AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ADSHEL
INC. (ADSHEL), TO CONSTRUCT, OPERATE AND MAINTAIN DIRECTORY
STRUCTURES IN THE LINCOLN ROAD AREA; WITH SAID EXTENSION
COMMENCING ON APRIL 18, 2013, AND TERMINABLE BY THE CITY, FOR
CONVENIENCE AND WITHOUT CAUSE, UPON THIRTY (30) DAYS PRIOR
WRITTEN NOTICE TO ADSHEL.
WHEREAS, the City has an Agreement with Clear Channel Adshel Inc. (Adshel), for the
construction, operation and maintenance of directory structures and street name signs at ten (1 0)
intersections along Lincoln Road, which expires on April 17, 2013 (the Agreement); and
WHEREAS, the Administration wishes to explore the use of different technology, perhaps
smaller or interactive panels along Lincoln Road, that would be easier to maintain, and provide
revenue to the City, (while at the same time, offering beneficial public use); and
WHEREAS, at its February 6, 2013 meeting, the City Commission approved a referral to the
Finance and Citywide Projects Committee (FCWPC) to discuss the possibility of installing smaller
fixed or digital advertising panels; and
WHEREAS, at its February 20, 2013, the FCWPC recommended that the item be referred to
the Historic Preservation Board to seek direction as to what type of directory structures are most
appropriate for the Lincoln Road Corridor; and
WHEREAS, pending this review process, and the City Commission's subsequent
determination as to how to proceed, the City Administration recommends that the Mayor and City
Commission extend the Agreement, on a month-to-month basis, upon the same terms and
conditions and terminable by the City upon and for convenience, thirty (30) days prior written notice
to Adshel.
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, approve a
month-to-month extension of the Agreement between the City and Clear Channel Adshel Inc.
(Adshel), to construct, operate and maintain directory structures in the Lincoln Road area; with said
extension commencing on April18, 2013, and terminable by the City, for convenience and without
cause, upon thirty (30) days prior written notice to Adshel.
PASSED and ADOPTED this 1 ylh day of April, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2002\NOV1302\REGULAR\LINCOLN RD AMENDMENT RESO.doc
Agenda Item C.. 7 L
D;7e lf-17-1~
APPROVED AS TO
FORM & LANGUAGE
&FO ECUTION
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RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT WITH
INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC., APPROVED BY THE
CITY COMMISSION ON JULY 18, 2012; SAID AMENDMENT TO PROVIDE
ADDITIONAL TESTING SERVICES DURING THE FIRST CONTRACT
YEAR FOR POLICE AND FIRE ENTRY LEVEL POSITIONS; AND
REQUESTING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED
$70,000.
WHEREAS, the City has a need to establish an agreement with a qualified provider of
services to develop, validate, administer, score, report and review testing programs to
determine qualified applicants for Police and Fire entry level positions and classified promotional
classifications; and/or to provide consultation services in order to develop job analysis, entry
level and promotional tests, scoring, minimum requirements for jobs, and background tests
requirements for sworn and non-sworn positions; and
WHEREAS, on July 18, 2012, the Mayor and City Commission adopted Resolution
No. 2012-27941, approving and authorizing the City Manager to execute a Professional
Services Agreement with Industrial/Organizational Solutions, Inc., for professional services for
services related to testing services to determine qualified applicants for Police and Fire entry
level positions, classified promotional classifications, and consultation services (the Agreement);
and
WHEREAS, the City has entered into the Agreement with the Industrial/Organizational
Solutions, Inc.; and
WHEREAS, the Agreement was executed for the services pertaining to the first
contact year only and authorized Industrial/Organizational Solutions to provide testing services
pertinent to the Police Promotional Process and general consultation services (i.e. development
and recommendation for methods of selection for sworn and non-sworn positions); and
WHEREAS, the City now has a need to conduct entry level recruitments for the
positions of Police Officer and Firefighter I; and
WHEREAS, in an effort to attract and maintain a workforce of excellence, the City has
a need for the Industrial/Organizational Solutions to review, develop, validate, administer, score,
and report selection mechanism, including testing programs, to determine qualified applicants
for police and fire entry level positions; and
WHEREAS, the Administration recommends approving and authorizing
Industrial/Organization Solutions, Inc., to provide additional testing services during the first
contact year for Police and Fire entry level positions, and requests additional funding, in an
amount not to exceed $70,000; and
WHEREAS, the City Manager concurs with the recommendation.
Agenda Item C.. l M
9 Date Lt-n~ 13
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 City Manager to approve and authorize
the Mayor and the City Clerk to execute an Amendment to the Professional Services Agreement
with Industrial/Organizational Solutions, Inc., approved by the City Commission on July 18,
2012, to provide additional testing services during the first contract year for Police and Fire entry
level positions, and requests additional funding, in an amount not to exceed $70,000.
PASSED AND ADOPTED this ___ day of---------'' 2013.
ATTEST:
Rafael E. Granado, City Clerk
T:IAGENDA\2013\April17110 Solutions Additional Testing Services Reso.docx
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Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
&F08 CUTION
.. lil,o lu ~nom~~
RESOLUTION NO.--------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND CITY MANAGER JIMMY MORALES, WITH
THE CITY MANAGER'S TERM OF EMPLOYMENT HAVING
BEEN DEEMED TO COMMENCE RETROACTIVELY, AS OF
APRIL 1, 2013.
WHEREAS, on March 13, 2013 the Mayor and Commission appointed Jimmy Morales
as City Manager of the City of Miami Beach (City) to be effective on April 1, 2013; and
WHEREAS, it is the desire of the City to provide certain benefits and to establish certain
conditions of employment for Jimmy Morales in his capacity as City Manager; and
WHEREAS, Jimmy Morales desires to accept the position of City Manager pursuant to
the terms and conditions set forth in the attached Employment Agreement, the terms of which
the parties agree will promote his continuous productivity and efficiency in the best interest of
the City.
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 approve and authorize the Mayor and City Clerk to execute an Employment
Agreement between the City of Miami Beach and City Manager Jimmy Morales, with the City
Manager's term of employment having been deemed to commence retroactively, as of April 1,
2013.
PASSED and ADOPTED this_ day of _____ , 2013.
ATTEST:
Rafael E. Granado, City Clerk
11
Matti Herrera Bower
Mayor APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Agenda Item RlB
Date l/·/7 -8
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into, by, and
between JIMMY MORALES ("Morales") and CITY OF MIAMI BEACH, FLORIDA (the
"City") (collectively, the "Parties").
WHEREAS, the City, acting by and through its City Commission, desires to employ
Morales as its City Manager on the terms and conditions set forth in this Agreement and Morales
desires to accept employment as City Manager on those same terms and conditions;
NOW, THEREFORE, the Parties as follows:
1. Recitations. Parties agree that the recitations above are true and correct and are
incorporated as if fully set forth here.
2. The City agrees to employ Morales as its City Manager and
Morales to so employed. Morales will devote his full working time to his duties as
City Manager and will not accept or perform any other employment, paid or unpaid, while he is
employed as City Manager except as expressly set forth herein or expressly agreed to by the City
Commission by resolution and modification of this Agreement according to its terms. However,
nothing in this Agreement shall prohibit Morales from occasional other work, such as teaching,
writing, community activities, bono work, or civic or charitable activities as is appropriate to
this position of City Manager, provided, however, that such work shall not interfere with
Morales' duties as City Manager and shall not in any way reflect unfavorably on the City.
Morales shall at all times apply his best efforts to the performance of his duties as City Manager.
3. Employment At Will. Morales is employed at will and serves at the pleasure of
the City Commission. This Agreement and his employment may be terminated by the City
Commission at any time and for any reason or for no reason, subject only to the express
Termination provisions of this Agreement.
4. Duties. Morales will perform the duties of the office of City Manager as set forth
in the Charter of the City of Miami Beach, Florida, and in the Code of City of Miami Beach,
Florida, and all such duties customary and appropriate to this position of City Manager and such
other appropriate duties as may be assigned by the City Commission or its designee from time to
time.
5. Effective Date. This Agreement shall become effective April 1, 2013 (the
"Effective Date").
6. Term. The term of this Agreement shall commence at 12:01 a.m., April 1, 2013,
and shall expire at midnight, March 31, 2015, unless terminated earlier or renewed as set forth
herein.
7. Compensation. Morales shall
City Manager as set forth in this Section 7.
Section 7 shall be considered or treated
compensation for performing the duties of
Nothing other than those items set forth this
as compensation, wages, salary, earnings, or
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remuneration to Morales for any purpose whatsoever, including pension or for purposes of
Section 448.08, Florida Statutes, or in arbitration.
a. The City shall pay Morales a salary of annualized at $255,000.00
to be earned and to accrue bi-weekly. This salary shall likewise be paid bi-weekly
according to the usual payroll practices of the City applicable to unclassified general
employees. Morales may participate in the Section 457 deferred compensation plan
offered by the City and may designate a portion of his salary to be contributed thereto
according to the terms of the plan and applicable It is understood and agreed that
any contributions to the plan shall be made by Morales and not City. The City agrees
to review the annual salary and/or other benefits of Morales at the time of evaluation of
performance as provided in Section and make adjustments as the City may
determine. An annual salary review of Morales will be made year within 30 days
after April 1 of each year.
b. Insurance. The City will pay the full amount of premiums for the City-
offered group medical and group dental plan selected by Morales, for himself and his
eligible dependents. The City will pay the full amount of premiums for the City-offered
life insurance policy on Morales. Morales may (or, if participation is mandatory, shall)
participate in other City-offered insurance for which he is eligible on the terms applicable
to unclassified general employees.
c. Leave. Morales will be eligible to accrue, use, and convert leave hours to
the extent and on the terms applicable to unclassified general employees.
Performance Evaluation and Incentive.
i. An annual review and evaluation of Morales shall be in accordance
with the specific criteria developed jointly by the City Commission and Morales
as set forth in Section 7 .d.ii. The Mayor shall provide Morales with a summary
written statement of the findings of the City Commission and provide an adequate
opportunity for Morales to discuss the review and evaluation with the City
Commission.
ii. Within 90 days of the Effective Date of this Agreement and
annually thereafter, the City Commission, in consultation with Morales, shall set
quantitative measures and goals upon which to evaluate the performance of
Morales. Such measures may include, but are not limited to, the City's financial
performance, progress on capital projects, improvements in customer service, and
successful implementation of agreed upon priority initiatives. Based on the
measures and goals established and the performance achieved pursuant to the City
Commission's review of those measures and goals as provided in Section 7.d.i.,
the City Commission may provide to Morales a onetime Performance Incentive of
up to 10 percent of the annualized salary amount set forth in Section 7.a. The
Performance Incentive shall not be deemed a part of "base pay" or other earnings
for purposes of pension.
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8. The City will pay for,
reimburse, or otherwise provide for the items set forth in this Section 8. These items are paid
for, reimbursed, or otherwise provided because they inure to the benefit of the City and do not
constitute compensation, wages, salary, earnings, or remuneration to Morales for any purpose
whatsoever, including pension or for purposes of Section 448.08, Florida Statutes, or in
arbitration.
a. Vehicle. City will pay to Morales a vehicle allowance in the amount
of $6,000.00 annually, paid in proportionate bi-weekly installments to reimburse him for
the use ofhis personal vehicle for the benefit of the City.
b. Moving Allowance. The City will pay to Morales a onetime allowance of
up to $3,500.00 to reimburse Morales for reasonable moving-related expenses should
Morales, in his sole discretion, choose to move his primary residence into the City during
the first 12 months of this Agreement. The moving allowance will be paid upon
submission of satisfactory documentation of the moving-related expenses.
c. Information and Communications Technology Expenses. The City will
provide to Morales adequate and reasonable information and communications hardware,
software, and services to support him in the performance of his duties as City Manager.
d. Subscriptions, Memberships, and Fees. Morales may include as an
expense item in the budget of the Office of the City Manager an amount to be used to pay
for such reasonable subscriptions, memberships, and and other similar costs, such as
travel and lodging, as may be incurred for development and advancement related to, in
support of, and inuring to the benefit of the City. No payment authorized hereunder may
be made to an entity that illegally discriminates on the basis of race, color, gender,
religion, national origin, age, disability, marital status, or sexual orientation.
9. The City Commission may renew or extend the
original term of Agreement by resolution for succeeding periods as specified by the City
Commission on the same terms and conditions as then set forth in this Agreement or on such
modified terms and conditions to which it may agree with Morales. Should the City Commission
not renew or extend the original or any succeeding term, this Agreement shall expire at the end
of such original or succeeding term. Morales' employment shall simultaneously end with the
expiration of the original or succeeding term or period. Should the City not renew this
Agreement, it will either give Morales 90 days' notice of intent not to renew or, if no notice is
given, the City shall, commencing upon the end of his employment, pay Morales an amount
equivalent to 12 weeks of the salary amount set in Section 7.a. (the "Separation
Payments"), along with all payments due for work performed through the date of termination and
other payments due, if any, upon termination on the same terms and conditions applicable to
unclassified general employees and shall have no further liability to him whatsoever. The
Separation Payments will be paid bi-weekly according to the City's usual payroll practices.
Should Morales accept employment prior to the expiration of weeks after the date of
expiration of the original or succeeding term, the Separation Payments shall immediately cease
and the City shall have no obligation to make Separation Payments then remaining unpaid.
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10. Tennination by Morales.
a. With Notice. Should Morales tenninate this Agreement by giving notice
not less than 90 days prior to tennination, the City shall pay him in like manner as if the
Agreement were not renewed.
b. Without Notice. Should Morales tenninate this Agreement by giving
notice less than 90 days prior to tennination, the City shall pay him any payments due for
work perfonned through the date of tennination and other payments due, if any, upon
tennination on the same tenns and conditions applicable to unclassified
employees and shall have no further liability to him whatsoever.
11. The City Commission may tenninate this Agreement
and, thereby, Morales' employment at any time, without or without notice, and any reason or
for no reason.
a. Should the City tenninate this Agreement without
Cause, as defined in Section 11.b., it shall pay Morales an amount equivalent to 20 weeks
of the salary amount set forth in Section 7.a. (the "Severance Payment"), along with all
payments due for work perfonned through the date of termination and other payments
due, if any, upon tennination on the same tenns and conditions applicable to unclassified
general employees and shall have no further liability to him whatsoever. Should Florida
law be changed to pennit a Severance Payment greater than that pennitted under law at
the time of the execution of this Agreement, the City Commission will the amount
of the Severance Payment set forth in this Agreement. In the event the City at any time
during the tenn of this Agreement reduces the salary or other financial benefits of
Morales in a greater percentage than an applicable across board reduction for all
employees of the City or in the event the City refuses written notice to comply with
any other provision of this Agreement benefitting Morales or if a majority of the entire
City Commission in a public meeting requests that Morales resign then Morales may, at
his option, be deemed to be tenninated at the date such reduction or such refusal to
comply within the meaning and context of this Section 11.a.
b. With Cause. Should the City tenninate this Agreement with Cause, as
herein defined, it shall pay Morales any payments due for work perfonned through the
date of tennination and other payments due, if any, upon tennination on the same tenns
and conditions applicable to unclassified general employees and shall have no further
liability to him whatsoever, including no obligation to pay the Severance Payment as
defined in Section 11.a. Cause is defined as one or more of following: material
breach of this Agreement; conviction of any felony; admission of conduct that would
constitute any felony; conduct that would constitute a violation of any applicable code of
ethics or professional conduct; conduct that would constitute malfeasance or misfeasance
in office as those tenns are interpreted under Section 112.3187, Florida Statutes; or other
similar conduct that the City Commission reasonably detennines merits tennination.
12. Morales shall become a member of the Miami Beach Employees
Retirement Plan as a condition of his employment pursuant to the governing ordinance of the
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plan (which plan, at the time of the execution of this Agreement, includes an accrual factor of 4
percent for the position of city manager).
13. Bonds. The City shall bear the full expense of any fidelity or other bond required
of Morales in his capacity as City Manager under any statute, ordinance, or regulation.
14. Indemnification. The City shall indemnify and defend Morales or, at its option,
provide a defense to Morales against claims arising out of and in the course and scope of his
employment or function, consistent with and to extent of Florida law under Chapter 111,
Florida Statutes, and a public official's right to a defense against claims arising from their
performance of their public duties performed while serving a public purpose under common
law of Florida.
15. Any notice hereunder shall be effective if made by delivery, postage paid,
to the United States Postal Service or by a manner valid for personal service under the Florida
Rules of Civil Procedure or by public statement on the record during a meeting of the City
Commission in the presence of the party to whom notice is to be given. Notice, for purposes of
this Agreement, is to be given to:
City: Mayor Matti Herrera Bower (or successor)
City of Miami Beach
and
Morales:
1700 Convention Center Drive
Miami Beach, Florida 33139
City Attorney Jose Smith (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Florida 33139
Jimmy L. Morales (or heirs)
6815 Corsica Street
Coral Gables, Florida 33146
16. No Assignment or Delegation; No Third-Party Beneficiaries. The services
provided by Morales are considered unique and personal to him. Accordingly, Morales may not
delegate or assign any duty, obligation, or benefit attaching or accruing hereunder. This
Agreement is entered into and intended for the benefit solely of the City and of Morales and not
for the benefit of any other person or entity.
17. Entire Agreement. Severability, Modification, Waiver. The provisions of this
Agreement constitute the entire agreement between the Parties on its matter and this
Agreement supersedes any other agreement, understanding, representation, or promise
whatsoever. Morales agrees that he has relied solely upon the express language of this
Agreement in determining whether to enter into this Agreement and not upon any other
understanding or communication of any kind, whether written or oral. Should a court or
arbitrator of competent jurisdiction determine that any provision or portion thereof of this
Agreement is illegal, invalid, or unenforceable, the remaining provisions or portions thereof shaH
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remain in full force and effect. This Agreement may be modified only by a writing signed by
both Parties and approved by the City Commission by resolution. Waiver of any right or of any
breach of this Agreement by either party in any instance or instances shall not constitute or
construed as a waiver in any other instance.
18. Construction. Governing Law, Headings. This Agreement shall be construed
according to its language and not strictly for or against either Party, regardless of
authorship. This Agreement shall be governed by and according to the laws of the State of
Florida. Section headings are for convenience only and shall have no legal effect.
19. Arbitration. The Parties agree that any claim or dispute arising from this
Agreement, its interpretation, its renewal, or its breach shall be settled in final and binding
arbitration by a single arbitrator under the Arbitration Policies and Procedures of the Federal
Mediation and Conciliation Service. A panel of arbitrators may be requested by either Party and
the Parties will select an arbitrator by alternative strikes. The first Party to strike will be
determined by agreement or coin flip. Each Party may one time reject a proposed panel of
arbitrators and request another. The party requesting any panel shall bear the expense of the
request. The Parties shall bear equally the expense of the arbitrator and the location of the
arbitration hearing. The Parties shall each bear their own litigation costs, including attorney's
fees, court reporter and witness fees, if any. The arbitrator shall apply a preponderance of
the evidence standard of proof. The party asserting a claim or affirmative defense shall have the
burden of persuasion as to that claim or affirmative defense. The arbitrator shall not have
authority to make any award of attorney's fees or the costs of the arbitration. The arbitrator shall
confine himself or herself strictly to the language of this Agreement and shall have no authority
to add to, subtract from, or modify any term or provision of this Agreement. The arbitrator shall
have no authority to construe any law, regulation, rule, principle of law, decision, or provision or
provisions of this Agreement or to make any award that would result in or obligate the City,
directly or indirectly, to incur any debt, cost, expense, or liability in excess of amount
initially budgeted, approved, and appropriated for the funding of this Agreement. Any such
purported construction or award will be null void. The arbitrator's award shall be subject to
enforcement or vacation by the Circuit Court according to law. Moreover, and without waiving
the preceding limitation, in no case shall the City be liable for any punitive, consequential,
indirect, or incidental damages whatsoever.
[INTENTIONALLY LEFT BLANK]
6
17
20. Counterparts, Electronic Signatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original and all of which together shall
constitute a single instrument. Execution and delivery of this Agreement by electronic exchange
bearing the copies of a Party's signature shall constitute a valid and binding execution and
delivery of this Agreement by such Party. Such electronic copies shall constitute enforceable
original documents.
WHEREFORE, the Parties, after full consideration, including consultation with
independent counsel, do knowingly, voluntarily, and intending to be legally bound, hereby enter
into this Agreement duly executed on the dates written below.
Attest: FOR CITY OF MIAMI BEACH, FLORIDA:
Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor
___ day _____ ,20
FOR MA.NAGER:
Witness Signature Jimm
JJv~ \.x.J ~ C 'f < 1JD '2013.
Print Name
7
18
RESOLUTION NO. 2013-_
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY
ADMINISTRATION'S RECOMMENDATION FOLLOWING A
PRESENTATION TO THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE ON MARCH 21, 2013, TO MAINTAIN THE CURRENT WIDTH
OF PRAIRIE AVENUE, AS WELL AS ITS BICYCLE LANE, PURSUANT TO
THE REGULATIONS ESTABLISHED BY THE MIAMI-DADE COUNTY
PUBLIC WORKS DEPARTMENT; AND FURTHER RETAINING ROYAL
PALM AVENUE'S DESIGN, AS PROPOSED IN THE CONSTRUCTION
PLANS FOR CENTRAL BAYSHORE (PACKAGE A).
WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013-
28163, which approved Amendment No. 2 to the construction contract with Lanzo
Construction Co. for Central Bayshore (Package A) and Lake Pancoast (Package C); said
Amendment, in the amount of $3,723,986, to implement the proposed design change
pursuant to the adopted Basis of Design Report (BOOR) Amendment, dated July 181h, 2012;
and
WHEREAS, during the City Commission meeting, concerns were raised by residents
requesting that Amendment No. 2 also include (i) the reduction of Prairie Avenue to twenty
(20) feet, plus two foot valley gutters (24 feet total), via the elimination of the current bicycle
lane; and (ii) evaluation of the feasibility of including a bicycle facility along the BOOR
amended roadway width of Royal Palm Avenue; and
WHEREAS, the City Commission directed the City Manager to proceed with
Amendment No.2, as presented and approved, concurrent with City staff further evaluating
the possibility of incorporating the residents' aforestated requests, but without affecting the
timelines and cost to the Central Bayshore (Package A) project; the City Commission also
referred this matter to the Finance and Citywide Projects Committee (FCWCP) for further
discussion; and
WHEREAS, in preparation for the FCWCP, City staff retained Atkins North America
and Street Plans Inc., experts in the motor vehicle and bicycle traffic fields, in order to
determine the feasibility of removing the existing bicycle lane along Prairie Avenue, and
instead providing a bicycle boulevard along Royal Palm Avenue; and
WHEREAS, based on the preliminary review of the current conditions, as well as
data previously obtained, the team determined that it is not feasible to remove a bicycle
facility on Prairie Avenue and replace it with another bicycle facility on Royal Palm Avenue,
as the Prairie Avenue lane provides for connectivity advantages within neighborhoods and to
adjacent collectors; and
WHEREAS, the Miami-Dade Public Works Traffic Engineering Division has opined
that the removal of the bicycle lane along Prairie Avenue would not be considered because
bicyclists have a legal right to travel on all streets in the State of Florida, except where
specifically prohibited (e.g. interstate highways and other limited access facilities);and
WHEREAS, the conversion of one street (Royal Palm Avenue) into a more bicycle-
friendly facility is not a justification to reduce safety for bicyclists on another street (Prairie
19
Agenda Item R7 G-
Date L{-\t'f-1.3
Avenue); and
WHEREAS, the County Public Works' position is that, apart from being a violation of
Federal, State and County regulations, bicyclists would continue to use Prairie Avenue, due
to its connectivity advantages, and without the proper protection granted by a separate
assigned bike lane; and
WHEREAS, on March 21, 2013, staff made its presentation to the FCWPC; in an
effort to accommodate the desire to narrow Prairie Avenue and still provide a bicycle facility,
staff proposed (as an experimental feature) an "advisory bicycle lane," and a second
alternative to provide a bicycle boulevard on Royal Palm Avenue; and
WHEREAS, given the current advanced stage of construction on the Central
Bayshore (Package A) Project, City staff anticipates that proceeding to implement any
alternatives at this time, would significantly affect the progress and cost of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept the City Administration's recommendation, following a
presentation to the Finance and Citywide Projects Committee on March 21, 2013, to
maintain the current width of Prairie Avenue, as well as its bicycle lane, pursuant to the
regulations established by the Miami-Dade County Public Works Department; and to retain
Royal Palm Avenue's design, as proposed in the construction plans for Central Bayshore
(Package A).
PASSED AND ADOPTED this __ day of ____ _. 2012.
ATTEST:
RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR
T:\AGENDA\2013\April 17\Bayshore Bicycle Lane Memo\Bayshore A_Bicycle Lanes-RESO 1 -ACCEPT,doc
20
RESOLUTION NO. 2013-__
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
TO CONTINUE TO EVALUATE THE REDUCTION OF PRAIRIE AVENUE
TO ELIMINATE THE CURRENT BICYCLE LANE, AND TO FURTHER
STUDY THE POSSIBILITY OF INCLUDING AN "ADVISORY BICYCLE
LANE" ALONG BOTH PRAIRIE AVENUE AND ROYAL PALM AVENUE;
AND FURTHER AUTHORIZING THE CITY MANAGER TO DE-PROGRAM
WORK ASSOCIATED WITH THE CONSTRUCTION OF THE VALLEY
GUTTERS, AS WELL AS PROPOSED RE-GRADING AND MILLING AND
RESURFACING ALONG PRAIRIE AVENUE, AS OUTLINED IN
AMENDMENT NO 2 TO THE CONSTRUCTION CONTRACT WITH LANZO
CONSTRUCTION CO. FOR THE CENTRAL BAYSHORE (PACKAGE A)
AND LAKE PANCOAST (PACKAGE C) PROJECTS (AND AS
PREVIOUSLY APPROVED UNDER RESOLUTION NO. 2013-28163);
MODIFYING AMENDMENT NO. 2 TO THE CONTRACT WITH LANZO TO
ADD TO THE CONTRACT FUNDS FOR A ONE INCH (1 ")OVERLAY OF
ASPHALT OVER THE CURRENT EXISTING ROADWAY, AND RE-
SURFACE THE STREET TO A DRIVABLE CONDITION (DURING THE
APPROVAL PROCESS, FOR AN ADVISORY BICYCLE LANE) BY
PROVIDING FOR ALL RESPECTIVE CREDITS AND CHARGES (TO BE
FURTHER DEFINED AND AMENDED INTO THE CONTRACT AT A
LATER DATE); FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE THE CHANGES TO AMENDMENT NO.2, AS
SET FORTH IN THIS RESOLUTION, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE REVISED AMENDMENT NO. 2.
WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013-
28163, which approved Amendment No. 2 to the construction contract with Lanzo
Construction Co. for Central Bayshore (Package A) and Lake Pancoast (Package C); said
Amendment, in the amount of $3,723,986, to implement the proposed design change
pursuant to the adopted Basis of Design Report (BOOR) Amendment, dated July 181h, 2012;
and
WHEREAS, during the City Commission meeting, concerns were raised by residents
requesting that Amendment No.2 also include (i) the reduction of Prairie Avenue to twenty
(20) feet, plus two foot valley gutters (24 feet total), via the elimination of the current bicycle
lane; and (ii) evaluation of the feasibility of including a bicycle facility along the BOOR
amended roadway width of Royal Palm Avenue; and
WHEREAS, the City Commission directed the City Manager to proceed with
Amendment No. 2, as presented and approved, concurrent with City staff further evaluating
the possibility of incorporating the residents' aforestated requests, but without affecting the
timelines and cost to the Central Bayshore (Package A) project; the City Commission also
referred this matter to the Finance and Citywide Projects Committee (FCWCP) for further
discussion; and
WHEREAS, in preparation for the FCWCP, City staff retained Atkins North America
and Street Plans Inc., experts in the motor vehicle and bicycle traffic fields, in order to
determine the feasibility of removing the existing bicycle lane along Prairie Avenue, and
instead providing a bicycle boulevard along Royal Palm Avenue; and
21
WHEREAS, on March 21, 2013, a presentation was made to the FCWPC on two (2)
alternatives that could be explored to accommodate the residents' requests; and
WHEREAS, the first alternative is to further study the possibility of including an
Advisory Bicycle Lane along both Prairie Avenue and Royal Palm Avenue; and
WHEREAS, the second alternative is a concept of a bicycle boulevard on Royal
Palm Avenue; and
WHEREAS, given the current advanced stage of construction, City staff anticipates
that the pursuit of these alternatives at this time, as well as any implementation of these two
proposals, could not be recommended as part of the Project without significantly affecting
the progress and cost of the Project; and
WHEREAS, further exploring the possibility of an alternative bicycle facility on Prairie
Avenue requires carving out portions of the currently approved and funded scope of work,
and the respective credits and charges associated to these modifications would have to be
negotiated further with the engineer of record and with the contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby directs the City Administration to continue to evaluate the reduction of
Prairie Avenue to eliminate the current bicycle lane, and to further study the possibility of
including an "advisory bicycle lane" along both Prairie Avenue and Royal Palm Avenue;
further authorizing the City Manager to de-program work associated with the construction of
the valley gutters, as well as proposed re-grading and milling and re-surfacing along Prairie
Avenue, as outlined in Amendment No. 2 to the Construction Contract with Lanzo
Construction Co. for the Central Bayshore (Package A) and Lake Pancoast (Package C)
Project ; modifying Amendment No. 2 to the Lanzo Contract to add to the contract funds for
a one inch ( 1 ") overlay of asphalt over the current existing roadway and re-surface the street
to a drivable condition (during the approval process, for an advisory bicycle lane) by
providing for all respective credits and charges (to be further defined and amended into the
contract at a later date); and further authorizing the City Manager or his designee to
negotiate the changes to Amendment No. 2, as set forth in this Resolution, and authorizing
the Mayor and City Clerk to execute the revised Amendment No.2.
PASSED AND ADOPTED this __ day of ____ _, 2012.
ATTEST:
RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR
T:\AGENDA\2013\Aprii17\Bayshore Bicycle Lane Memo\Bayshore A_Bicycle Lanes-RESO 2-NOT ACCEPT.doc
APPROVED AS TO
FORM & LANGUAGE
22
~& FOfi~ECUTION
,,t,,\.1
rney~~~
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Morales, City Manager
From: Matti Herrera Bower, Mayor
Date: April 17, 2013
Re: Resolution Urging the United States Congress to support National
Immigration Reform that leads to a Pathway to Citizenship
Since the renaissance of Miami Beach in the 1970's, our City has been proud of
the diversity of our visitors and residents. Our sparkling shores have acted as
beacons of hope, drawing individuals and families fleeing from oppressive
regimes abroad in search of a better life in a community that is accepting of their
background. Today, we stand stronger as a community where, according to the
210 United States Census, over 60% of our permanent residents identify
themselves as a race other than white or Caucasian, and 53% of that number
identify as Latino or Hispanic.
The United States has struggled with assimilation of immigrants since the days of
Columbus. Florida's own struggles are 500 years old this year, as we mark the
Quincentennial of Juan Ponce de Leon's discovery of La Florida in 1513. In all
that time, the correct balance of openness and restricted access to America has
never been reached. However, due to the bipartisan efforts of United States
Senators Marco Rubio (R-Fia.), Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.),
and Chris Coons (D-Del.) we have the opportunity for real reform with the
Immigration Innovation Act (1 2) of 2013.
I am urging my fellow Commissioners to support this resolution to encourage the
adoption of 1 · or any other national immigration reform that leads to a pathway
to citizenship. I would also request that if adopted, this Resolution be sent to the
Miami Dade Congressional Delegation.
Thank you.
MHB/fgr
23
Agenda Item g qD
Date l(-17-13
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
UNITED STATES CONGRESS TO SUPPORT NATIONAL
IMMIGRATION REFORM THAT LEADS TO A PATHWAY TO
UNITED STATES CITIZENSHIP AND THAT MAINTAINS
THE UNITED STATE'S COMPETITIVENESS IN THE
GLOBAL ECONOMY, AND FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE MIAMI-DADE COUNTY
CONGRESSIONAL DELEGATION.
WHEREAS, an overwhelming majority of Americans support a rational immigration
system, whereby hardworking immigrants currently living in this country can obtain a pathway to
U.S. citizenship; and
WHEREAS, the opportunity for citizenship for its many and diverse immigrants has been
one of America's historic strengths; and
WHEREAS, the United States should also maintain its competiveness in the global
economy by meeting the demand for high skilled workers in the U.S. so that jobs are not out-
sourced to other countries and, instead, remain in the United States; and
WHEREAS, in order to attract and retain the world's best and brightest workers, many of
whom study in our nation's top colleges and universities, and to benefit our society and the U.S.
economy, comprehensive immigration reforms are needed; and
WHEREAS, among other things, national immigration reform should include: a
reasonable timetable for a path to citizenship for America's undocumented immigrant residents;
an increase in the cap on employment-based non-immigrant H-1 B visas from 65,000.00 to
115,000.00 with a market based escalator so that the cap can adjust based upon the demands
of the economy; the lifting of a cap on the existing U.S. advanced degree exemption, currently
limited to 20,000 per year; dual intent for foreign students at U.S. colleges and universities; the
recapture of green card numbers that were approved by Congress in previous years, but have
not been used and to exempt certain categories of persons from employment-based green card
caps such as U.S. STEM (Science, Technology, Engineering and Mathematics) advance
degree holders, persons with extraordinary abilities, and outstanding professors and
researchers; and the reform of fees on H-1 B visas and employment-based green cards so that
fees can be used to fund programs that promote STEM education and worker retraining; and
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 urge the United States Congress to enact national immigration reform
legislation that leads to a pathway to United States citizenship for our nation's hardworking
undocumented immigrant residents and which maintains the United States competitiveness in
the global economy, and further directs the City Clerk to transmit a copy of this Resolution to the
Miami-Dade County Congressional Delegation.
PASSED and ADOPTED this ___ day of -----' 2013.
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Supporting Immigration Reform 2013 24ocx