20150311 SM1rrt--.@
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------'1915.2015
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March','1,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Comm issioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt 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 Clerk priorto engaging in any lobbying activitywith the City
Commission, any Gity 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 Gity
Attorney.
SUPPLEMENTAL AGENDA
C4G
C4 - Commission Gommittee Assiqnments
Referral To Sustainability And Resiliency Committee - Discussion Regarding The "Woosh" Smart
Water Stations Network Proposal.
(Requested by Commissioner Michael Grieco)
(Attachments)
1
Supplemental Agenda, March 11, 2015
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following
Actions: 1) Submit A Grant Application To Florida Department Of Transportation For The
Transportation Alternatives Program, ln The Approximate Amount Of $1 Million, For The Beachwalk ll
Project; And Retroactive Approval Of The Following Actions: 2) Submittal Of A Grant Application To
Firehouse Subs, ln The Approximate Amount Of $20,000, For Emergency Management Equipment;
3) Submittal Of A Grant Application To The Us Department Of Justice, Smart Policing lnitiative Grant,
ln The Approximate Amount Of $700,000; 4) Submittal Of A Grant Application To Florida Department
Of Transportation, For The Police Department's Highway Safety Program, ln The Approximate
Amount Of $374,000; 5) Submittal Of A Grant Application To The Florida Office Of The Attorney
General, ln The Approximate Amount Of $100,000, For Victim Of Crime Act The Florida (VOCA)
Funding; And, 6) Submittal Of Fiscal Year 2015/16 Budget lssue Requests To The State Legislature;
Approving And Authorizing The Appropriation Of The Above Grants And Funding Requests, lncluding
Any Requisite Matching Funds And City Expenses;And FurtherAuthorizing The City Manager, Or His
Designee, To Take All Necessary Steps And To Execute All Necessary Documents ln Connection
With The Aforestated Grants And Funding Requests, lncluding, Without Limitation, Applications,
Grant And Funding Agreements, And Audits.
(Budget & Performance lmprovement)
(Memorandum & Resolution)
C7S A Resolution Transferring The Oversight And Management Of The City's Legislative Priorities
Concerning County, State, And Federal Legislation And Governmental Affairs From The City
Manager's Office To The Office Of The MayorAnd City Commission; Authorizing The Mayor(As The
Department Head Of The Office Of The Mayor And City Commission, Pursuant To The City Charter)
To Appoint A Designee; Providing That The Mayor's Designee Shall Also Serve As The City's Point
Person/Contract Administrator For, Respectively, The City's State And Federal Legislative Consulting
Services Agreements; Directing The City Attorney's Office To Prepare Any Amendments To The
Agreements To Effectuate The Aforestated Transition, As Required;And Authorizing The MayorAnd
City Clerk To Execute Such Amendments.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Resolution)
R5 - Ordinances
RsG An Ordinance Amending Chapter 2, Article 111, Of The Miami Beach City Code, Entitled "Agencies,
Boards And Committees," Division 32, Entitled "Gay, Lesbian, Bisexual And Transgender (GLBT)
Business Enhancement Committee," And Sections 2-190.144 Through 2-190.147 Thereto To Change
The Name Of The Committee To The "LGBT Advisory Committee;" And Providing For Codification,
Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(Ordinance)
2
Supplemental Agenda, March 11, 2015
R7 - Resolutions
R7Q A Resolution Approving And Authorizing The MayorAnd City Clerk To Execute A New Employment
Agreement With City Manager Jimmy Morales For A Four (4) Year Term, Commencing On April 1,
2015, And Ending On March 31, 2019; Further, As Provided Under The City Manager's Current
Employment Agreement, Approving The City Manager's One-Time, Non-Pensionable Performance
lnitiative, To Be Awarded On March 31,2015.
(Office of the City Attorney)
(Memorandum & Resolution)
R9 - New Business and Gommission Requests
RgG Discussion Regarding Traffic ln North Beach.
(Requested by Commissioner Micky Steinberg)
(Memorandum)
RgJ Discussion Regarding The Homeless, As Our Numbers Are lncreasing Significantly.
(Requested by Commissioner Deede Weithorn)
(Memorandum)
3
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4
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Mayor Philip Levine and Commissioners
FROM: Michael Grieco, Commissi on", -rf11/ -
DATE: March 11,2015
SUBJECT: Referral to Sustainability & Resiliency Committee the "Woosh" Smart Water
Stations Network Proposal
Please refer this item for discussion to the Sustainability & Resiliency Committee meeting for April
2015. Woosh, a possible sole source product, is a patented and licensed product from lsrael, that
provides purified and chilled drinking water at stations on public rights-of-way.
lf you have any questions please contact Daniella Bonini at Ext 6457.
We are comrnited io provtdtng exceilenl public service and so{ett7 lo aii w,ho,ive work ond pioy in our vibront troptcoi, htst,,,ir..mmt)ni^/
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For whom it may concern,
Subject: Uniqueness of woosh water stations bv Woosh@ Water Svstems Ltd.
L. Genera!
l, the undersigned, was asked to examine the uniqueness of woosh's water system, in
order to compare it to other urban water facilities and to examine its' uniqueness at the
local and global landscape, consequently to allow to present it as a "unique supplier"
within its field.
2. The Product
Woosh is an lsraeli developed and manufactured innovative smart water station for
water filling of bottles, including dispensing of high quality water, bacterial purification
of bottles and an online computerized tracking service of water consumption at both
the single station and total city deployed stations levels, in order to better manage the
supply and for drawing conclusions for improved future manaBement. These stations
operate while constantly maintaining the water and keeping maximum reduction of
water surplus.
The system is in fact based on deployment and end to end unique service for a city,
including:
- Deployment of the water stations
- Stations' maintenance service
- Customer care service for end users
- Data systems service
3. Patents - the system is protected with a strong !P, exclusive in the market
The uniqueness of woosh's patents is portrayed in a solution to the bacterialgrowth
problem that takes place in the cooling tank, internal piping system, and the water
outlet nozzle, common in different water dispensing systems in the market (especially
common, but not only, in water systems using active carbon filtration). This problem
damages the quality of water dispensed to consumers and might risk their health.
Woosh's solution of internally purifying the system's components via the CIP (Clean ln
Place) system is exclusive to the woosh stations which consequently do not suffer from
this sort of bacterial growth problem.
4. Comparison to similar products
a. Outdoor faucets
Diversified drinkingfacilities are installed in open urban spaces in lsraelicities.
Considerable part of these facilities are constructed with concrete in order to
guarantee robustness of the product itself. These faucets include a connection to
the municipal water system and directly supply the water that runs in the system at
48 Ha'atrmaut 5t. Petah-Tlkir;:41)3?9, T:050-621"7000, Ernail: r'afi@utban-girrafe .c*.il
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the surrounding temperature. The difference between the kinds of faucets is mainly
in the design and in the added features such as a designated tap for dogs or
improved accessibility for the disabled.
b. Outdoor chilled faucets
Recently, a new model of faucets was introduced which includes water cooling and
an accessible bottle filling faucet. This model includes an electricity connection and
a lightning feature. ln fact this models are very similar to the standard stainless steel
water cooler, with an adaption to withstand the outdoor environment.
c. lndoor Bottle filling devices
A few municipal authorities installed devices which allows filling of bottles (as
opposed to the standard water coolers, which are uncomfortable for bottle filling).
These devices do not include purification or cleansing features, nor are any
consumption management tools and most of them are not suitable for outdoor
usage.
Examining the different existing products in the local and global markets, we
found that a lot of products provide solutions, in different levels, to regularly
dispensing water. Some allow bottle filing while others chill the water.
Along with that, as much as we know and succeeded to trace and examine, water
devices with similarity to the woosh system in terms of the health and municipal
benefits, including self-sanitizing, cleaning and integration of other beneficial
features- meaning- water purification at the water inlet and connectivity that
allows remote monitoring- were not found.
Public Value
The uniqueness of the woosh system and the benefit to the municipal authority and the
public interest is portrayed in the fact that beyond the dispensing of chilled purified
water, the system includes an online computerized remote monitoring and control
system. The system is designated for maintenance requirements (reports of water
pressure issues, intactness of the system, etc.) and for users' behavioral trends
identification and analysis (overall usage reports, environmental effects). This sort of
system allows the municipal authority to improve its provided service (public water) by
drawing calculated conclusions of realtime usage behaviors.
Furthermore, since the device includes communication, sensors, user interface and
possible connectivity to the local water and energy providers, it can be potentially used
for other purposes such as transforming the existing municipal water system to a smart
one, locating pressure drops and leaks.
Benefits for Citizens
The benefit for the citizen (end user) is, allegedly, similar in other chilled water
dispensing devices, but these other devices do not include bottle sanitation or quality
control (to the dispensed water)features. Remote monitoring is also not included in
other devices, nor a unique and friendly user interface. All of these features enhance the
48 Ha'atzmaut 5t. Petah-Tikve 4$37$, T:050-621,7000, Ernail: rafl@urban-girrafe,co.il
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reliability of the system and encourage the citizens to drink water and to choose doing
so by the filing of bottles as opposed to purchasing of bottled water or a sweetened
beverage, which are more expansive and much less healthy. These features are
exclusive to the woosh water stations. Additionally, the solution that woosh offers is
wide deployment of stations offering a comprehensive solution for cities.
Environmental Benefits
Reducing the use of plastic bottles reduces carbon emissions and the ecological
footprint of the city. Another unique feature of the system is a display that shows the
emissions reductions at the municipal level and on a personal level (each user identified
using chip or code and thus the amount of times he or she filled bottle sign up and join
the uses of the past). This measurable reduction could join other urban activities
performed in other authorities pledged to reduce emissions such as the "15 cities
forum" (in lsrael). ln addition, the station was designed for a minimum waste of water
while using them, by designing the station for drinking water supply only. This is in
contrast to the other common drinking fountains which are used for other purposes.
Conclusion
After all mentioned above, considering the distinguish uniqueness of the product in
terms of innovation, water quality control and management, comparison to other
products in the lsraeli and global markets and the strong lP the systems holds, my
recommendation is to acknowledge the system as a unique and exclusive product,
which allows to recognize the company as a sole provider in the field of smart urban
water stations.
Regards,
Rafi Reich, Architect
8.
48 l-la'atzmaut St. Petah-Tikv* 4$379 ,T:05* 6217 0S0, Imail: rafi@urban-girrafe.co.il
8
WOOSH O WATER SYSTEMS LTD.
Smart Water Stations Network
Project Layout- Miami Beach
February 2015
9
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Table of Contents
Project Layout-..... ...................3
General Overview: .......3
Service benefits to End-User (citizens and visitors) ............. ............3
Service benefits to Municipality (City of Miami Beach) .....................4
Station Features: ..........4
Miami Beach - lnstallation scenarios illustrations............. ...................6
Project Scope ..................7
General .......7
Project layout ...............7
Structure of the proposal between the City and Woosh:.......................................9
Estimated budget for the pilot phase ..............9
Optional Models ...........9
Model A .............. .......................9
Model B.............. ..... .....10
Project Timeline and roadmap ............ .........10
Action ltems ...................11
Pre- deployment: Pilot phase ....................11
lnstallation: Pilot phase....... .....11
Launch: Pilot phase .................11
Operation: Pilot phase .............11
Annex A: Proposed full scaled deployment locations ............ ............12
10
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Project Layout-
General Overview:
Woosh offer a new municipal service to the benefit of the citizens and visitors of the city
of Miami Beach. Woosh aims to deploy and operate a network of Smart Water Stations
across the city, on public areas. The network of stations will provide purified and chilled
drinking water in a smart and fun way for people "on-the-go". The service is provided as
an alternative to environmental-harmful plastic bottles at the fraction of the price.
lmplementing the service is a strong statement by the city that it is actively promotes
health, enviormental, smart city and economical values for the benefit of its citizens.
The project will also create new job opportunities to local populations, as a local based
company will be formed to run the operation.
This paper shows the structure of the project implementation in the city of Miami
Beach. Joint discussions are required in the near future in order to adjust the proposed
business model to fit the city's specific needs.
Service benefits to End-User (citizens and visitors)
o Health - Drinking water is healthy. Most people don't drink enough water during the
day. Woosh encourages drinking more water in general and help make water as an
attractive alterntive to soft drinks
o Environment - eliminates the need to buy a new plastic bottle, encourage bottle refill.
Simply by using woosh, people are effectively contributing to the environment
without making a special effort. The station's eco-feedback interface shows users how
many plastic bottels and carbon emissions they saved, thus providing them a positive
eco-feedback and a feeling that they actively helped save the environment.
o Cost reduction - the cost of filling a bottle at Woosh stations is considerably lower
than buying a bottle. The average price for a personal chilled water bottle (500 ml) in
the United States is avarage 1.50$ (more in Miami beach). Bottle filling (of an
equivalent amount) from a woosh station is targeted to be approximately 50.50 for
visitors and S0.3S for citizens. That is 7O%o savingfor consuming drinking water.
o LifesWle - woosh encourages outdoor activities by making it easy to refresh yourself
with cold water during the activity "on the go" in a fun and friendly way.
11
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Service benefits to Municipality (City of Miami Beach)
o Make drinking water accessible across the city. Provide Cool refreshment on a hot
day, On-The-Go.
o Reducing the carbon footprint of the city and enabling carbon offset by reducing
plastic waste.
o Reduce waste collection costs
o Keep the city streets, beach and ocean clean from plastic bottles waste
o Educate and promote environmental protection values in the city
o An innovative service to city residents and visitors, branding the city as an innovative
city.
o Converting the water network into a smart network.
o Align with the Smart City concept.
o Encouraging outdoor activities that help resident and visitors maintain a healthier
lifestyle, and help fight obesity and other related diseases.
o Accurate measuring the usage of a municipal service enabling smart deployment
decisions.
Station Features:
o Bottle Filling Feature - digital accurate water filling, suitable for any type of bottle or
water vessel. The Woosh system is designed with fixed water quantities that match
standard bottle sizes available in the market of up to 1000 ml. this feature is
designed to preserve water and to assure the usage will be only for drinking water.
o Water treatment - the Woosh water station is first of its kind using a state of the art
CIP (Clean ln Place) purification system which offers a high quality of water and
guarantees automatic quality and bacterial growth control 24/7. The CIP svstem is
patented bv woosh@
o Bottle Cleansing System - fast easy ozone based bottle cleaning and sanitizing unit.
Reusing uncleansed bottles creates an unpleasant smell form bacterial growth. Our
bottle cleansing system solves this problem by providing a fast (about 15 seconds)
ozone sanitizing treatment to customers' personal bottles. This feature promotes
the use of reusable bottles in order to eliminate excessive plastic bottle
manufacture, usage and waste. The bottle cleansinq svstem is patented bv woosh@.
12
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Wi-Fi Enablement (optional) - the stations can function as a Wi-Fi zone for devices
on 500 meters radius. Wi-Fi can be paid for or free (TBD).
LCD Screen - the screen is designed to for other functions beyond operating the
water station. Municipalities can use the screen as a digita! municipal message
board or as an advertisement platform. City can use the screen to better educate
citizens on different city projects and programs. The LCD screen is 6mm thick anti-
vandal glass with internal illumination for outdoor application.
On line monitoring and remote control- Each station is remote controlled and
operated from a central control room 24/7. The stations report their status, usage
rates and other useful data. The stations will automatically shut down in any case of
suspected problem with water quality, ensuring water safety at all time. Control
room operator can remotely access each station for maintenance and customer
service assistance at all times.
Outdoor compatible - the stations are specifically designed for the challenges of the
outdoor, including anti-vandal materials etc.
Robust cooling system- in each station there is a unique cooling system that can
provide chilled water even on massive usage and high volume of water.
13
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Miami Beach - !nstallation scenarios illustrations
The stations will be deployed with a minimum interfearnce to pedstrain traffic.
Possible locations will be:
L. Next to a Bike Share stand
2. Next to an exisiting streat furniture on the sidewalk
3. By the beach board walk
4. Replacing the old telephone booth
5. High pedestrian traffic areas
b
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Project Scope
o
a
General
Woosh will establish a local based company - Woosh Miami Beach
Woosh offer a two phase deployment phases-
o Pilot phase - the first phase of deployment will consist of 20-30 stations
under a pilot program. the deployment will be in a smallgeographic area in
order to get a critical impact and to simulate a full scale deployment.
o Scale up- based on a successful pilot phase, we expect a scale up of up to 120
stations.
woosh would provide an End To End solution:station manufactory, deployment,
operation, maintenance, customer service, control room. woosh also supplies the
back office support and maintenance service for the stations. The service will be
hustle free to the municipality, as Woosh will take care of everything.
Woosh will base its operation on the local work force, thus providing new job
opportunities in several work fields:
o Management
o Marketing
o Administration
o Control room operators (lT, Dispatchers)
o Customer service
o technicians and technicalteam
Woosh would share with the city any statistical data generated by the stations and
periodical reports such as: number plastic bottles reduced, co2 reduction, water
usage. All on a city level while working according to the strictest privacy regulations.
Project layout
The City of Miami Beach and Woosh, will sign a MOU, in recognition of the mutual trust
and benefits to be gained through a cooperative relationship, and approve the Woosh
service and installation in The City of Miami Beach.
The pilot phase will consist of 20-30 water stations across the city.
The stations will be located on the streets, connected to municipal water and to the
grid.
15
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o Pilot time-frame of up to 18 months from launch. The stations will be permitted for
at least 5 years if achieved success factor.
o People on the street will get to a station and refill their bottle with cold, purified
water at any time.
The end users will pay for the water a fraction of chilled bottled water price (final
pricing will be determined prior to deployment, with estimations of -S0.5 per 500 ml
fill for visitors and -50.35 for citizens and service members).
o Woosh will offer single use service (visitors)and membership program with
substantialdiscount
o Woosh would offer pre-paid RF cards to operate the stations
o Woosh will cooperate with local hotels and businesses to promote the usage
of the stations
o Woosh will examine cross-platform usage with Citi Bike program, making the
city's services con nected.
Woosh would be allowed to advertise on the station stand and digital screen.
Woosh would be allowed to integrate sponsorship model (similar to Citi Bike)
Woosh will be responsible for all operation aspects of the stations, Hustle-free to
the city:
o Woosh willestablish a local team to clean the stations 2-3 times a week
o Preform regular maintenance procedures
o Troubleshooting, replacement parts
o Control room operation
o Customer service
woosh will be responsible for managing payments from end-users and customer
service.
16
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Structure of the proposal between the City and Woosh:
Estimated budget for the pilot phase
The pilot phase estimated investment budget for L8 months:
o Capital costs - 51,200,000
o Operating costs - S1,100,000
o Total budget: -2,300,000
Optional Models
Woosh offer two optional models of the service. We can consider other alternatives as
well - this models are the base for future discussions
ModelA
ln this proposed model, the city will assist the pilot project initial financing, and will be
entitled to revenue share from project.
o Woosh willfund the operation, maintenance, data management of installations
o Woosh would bear the costs of electricity and water costs. We suggest deciding
on a fix monthly price that would be paid per station.
o Woosh would fund the capital cost for the pilot phase
o Woosh would invest in total throughout the project, over S5M
o The city will assist by allocating funds for the capital cost for the pilot phase on a
loan basis. The loan should be funding 10 stations (-5200,000 - Loan final
amount to be decided by the city)
. City of Miami Beach logo on the stations.
o This loan would be paid back by Woosh to the city from the project's revenue
over time.
o The city will be paid L5% of the revenue until loan full amount is returned
(estimated return time for SZOO,OOO loan on a 25 stations program: 14-18
months)
o After loan fully returned, The city will be entitled for 3% of water sales
revenue and 72% of advertisement throughout the project life
o The revenue share funds can be invested by the city in environmental
projects for the community
o Woosh willguarantee the loan return to the city, in case project is stopped by
Woosh.
17
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Note: fhrs model is only suggested. The city moy assist in other ways (in-kind) such os -
infrostructure, marketing promotion, water and electricity connections, instollation of stations,
permitting etc.
Model B
The city will not assist in funding, and will not be entitled to full revenue share
o Project will be privetaly fund completely.
o Woosh will be responsible for all of project funding.
o Revenue share: The city will be entitled for 70% of advertising revenue.
Project Timeline and roadmap
o Our target is to have the project launched on July ,2OL5
o Woosh would break ground three (3) months form dite of signing on an
agreement with the city.
10
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Action ltems
Pre- deployment: Pilot phase
o Determine project team (Woosh and city's staff)
o Decide on stations locations for pilot phase
o Decide on future scale up locations
o Get all permits from the city for the deployment
lnstallation: Pilot phase
o Woosh will supply the stations
o Woosh will install the stations in each location
. City will provide water, electrical and drainage to each location
o Woosh will make all connections
Launch: Pilot phase
o After installation is completed, pilot project will be launched
. City will assist educating the citizens in regards to the project and its values and
benefits.
o Woosh will take care of operation of stations network
Operation: Pilot phase
o Woosh will operate the service, no special requirement from the city.
11
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Annex A: Proposed full scaled deployment locations
The city of Miami Beach full deployment potential is of -120 stations.
During the 1st phase - the pilot phase, we recommend to install at least 20-30 stations
to create enough volume of stations.
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An interactive map can be found online in this link:
Proposed woosh locations- Miami Beach
13
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22
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept five (5) grants, and
submit budoet issue fundino reouests to the State Leoislature.
Key lntended Outcome Supported:
1 ) and 6) Ensure comprehensive mobility addressing all modes throughout the City and ensure reliable
stormwater management and resiliency against flooding by implementing select short and long-term
solutions including addressing sea-level rise; 2) N/A; 3) lnsist on Police Department accountability and
skilled Uleadership: 4) N/A
Supporting Data: Gommunity Satisfaction Survey: 1)and 6)When asked how to improve the quality
of life in Miami Beach'"lmproving traffic" was the number one solution 2) 88% of businesses rated the
Citv's emerqe prepareoness as ; 3) 4) and 5) N/A
Item Summary/Recommendation :
Approve and authorize the City Manager or his designee to take the following actions: 1) Submit a grant
application to Florida Department of Transportation for the Transportation Alternatives Program, in the
approximate amount of $1 Million for the Beachwalk ll Project; and, retroactive approval for the
following: 2) Submittal of a grant to Firehouse Subs, in the approximate amount of $20,000, for
Emergency Management equipment, 3) Submittal of a grant to the U.S. Department of Justice, Smart
Policing lnitiative Grant in the approximate amount of $700,000, for a body worn camera demonstration
prolect; 4) Submittal of a grant to Florida Department of Transportation, in the approximate amount of
$374,000, for Police Department's Highway Safety Program; 5) Submittal of a grant to Florida Office of
the Attorney General, in the approximate amount of $100,000, for Victim of Crime Act funding; and 6)
Submittal of Budget lssue Requests to the State Legislature in the approximate amount of $7
Million; approving and authorizing the appropriation of the above grants and funding requests, including
any requisite matching funds and city expenses; and further authorizing the City Manager or his
designee, to take all necessary steps and execute all necessary documents in connection with the
aforestated grants and funding requests, including, without limitation, applications, grant and funding
and audits.
Financial lnformation:
Source
of
Funds
#Grant Name/Project Approx.
Award
Amount
Approximate Match
AmounUSource
1 Florida Department of Transportation -
Transoortation Alternatives Proo/Beachwalk ll
$1,000,000 N/A
2 Firehouse Subs/Emergency Management
Eouioment
$20,000 N/A
rel
Financial
3 US Dept of Justice Smart Policing lnitiative/
Bodv Worn Camera Demonstration Proiect
$700,000 N/A
4 Florida Department of Transportation Highway
Safetv/Hiohwav Safetv Prooram
$374,000 N/A
5 Florida Office of the Attorney General Victim
of Crime Act (VOCA)/Salaries & Operating
$100,000 $25,000/ Police
Department
Ooeratino Budoet
b FY 2015116 State Legislature Requests:
Transportation and Sto rmwater I nfrastructu re
$7,000,000 N/A
lmpact Summary: N/A
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
Assistant City Manager
MIAMIBEACH 23
MIAMIBEACH
City of Miqmi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members df the City
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,ROVING AND AUTHORIZING THE
CIry MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING
ACTIONS: 1) SUBMIT A GRANT APPLICATION TO FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION
ALTERNATIVES PROGRAM, IN THE APPROXIMATE AMOUNT OF $1
MILLION, FOR THE BEACHWALK ll PROJECT; AND RETROACTIVE
APPROVAL OF THE FOLLOWING AGTIONS: 2) SUBMITTAL OF A
GRANT APPLICATION TO FIREHOUSE SUBS, IN THE APPROXIMATE
AMOUNT OF $2O,OOO, FOR EMERGENCY MANAGEMENT EQUIPMENT;
3) SUBMITTAL OF A GRANT APPLICATION TO THE US DEPARTMENT
OF JUSTICE, SMART POLICING INITIATIVE GRANT, !N THE
APPROXIMATE AMOUNT OF $700,000; 4) SUBMITTAL OF A GRANT
APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION,
FOR THE POLICE DEPARTMENT'S HIGHWAY SAFEW PROGRAM, IN
THE APPROXIMATE AMOUNT OF $374,000; 5) SUBMITTAL OF A
GRANT APPLICATION TO THE FLORIDA OFFICE OF THE ATTORNEY
GENERAL, IN THE APPROXIMATE AMOUNT OF $1OO,OOO, FOR VICTIM
OF CRIME ACT THE FLORIDA (VOCA) FUNDING; AND, 6) SUBMITTAL
OF FISCAL YEAR 2015116 BUDGET ISSUE REQUESTS TO THE STATE
LEGISLATURE; APPROVING AND AUTHORIZING THE
APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS,
INGLUDING ANY REQUISITE MATCHING FUNDS AND CIry
EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE
ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING
AGREEMENTS, AND AUDITS.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Florida Department of Transportation
(FDOT). Transportation Alternatives Proqram, in the approximate amount of $1
million for the Beachwalk ll Proiect
24
Commission Memorandum
Page 2
The Transportation Alternatives Program (TAP) is an element of the Federal Highway
Administration's Surface Transportation Program and primarily funds projects for non-
motorized transportation. The TAP program replaces the previous Transportation
Enhancements Program and can fund the following types of transportation projects:
construction of on-road and off-road facilities for pedestrians and bicyclists; historic
preservation and rehabilitation of historic transportation facilities; and vegetation
management practices, etc. The program does not require matching funds; however,
any funding that the city contributes to the project wlll make the application more
competitive.
The Administration intends to apply for construction funding for Beachwalk ll, which runs
from 3'd to sth Street adjacent to the dunes. The project is currently in the process of
design. This project supports the key intended outcome ensure comprehensive mobility
addressing all modes throughout the City.
2. Retroactive approval to submit an application to the Firehouse Subs. in the
approximate amount of $20,000. for Emerqencv Manaqement Equipment.
The Firehouse Subs Public Safety Foundation is dedicated to improving the life-saving
capabilities of first responders and public safety organizations in communities served by
Firehouse Subs by providing funding, resources and support. The funding request, in
the amount of $20,000 is for emergency equipment, training systems, community
emergency response team kits, and Automated External Defibrillators (AEDS). This
equipment is necessary for the many incidents where citizens who have CERT training
and life-saving equipment have a positive impact, whether providing immediate help until
first responders arrive or supporting personnel during a hazardous situation. This grant
does not require matching funds.
3. Retroactive approval to submit an application to the United States Department of
Justice. in the approximate amount of $700.000, for the Smart Policinq lnitiative,
for a Bodv Worn Camera Demonstration Proiect
The Smart Policing lnitiative Program assists state and local jurisdictions in reducing
crime and improving the functioning of the criminal justice system, specifically through
support for evidence-based policing. The program seeks applications from agencies
interested in using body worn cameras (BWCs) as a key component of a problem-
solving strategy to enhance public and otficer safety and improve policing practices
through increased transparency, accountability, and legitimacy. Of particular interest to
the Department of Justice are projects that examine the impact of the implementation of
body worn cameras on citizen complaints, the process and outcome of internal
investigations, privacy issues, and community relationships. ln recent years, there has
been a widespread approach by police departments countrywide to procure and implement
body wom cameras. However, despite great promise, the practice ovenrvhelmingly
exceeds the evidence-base on the effectiveness of these devices. BWCs are one of the
most sought after technological solutions in the world. Yet the research evidence on
their value in terms of sharing the data they generate is severely lacking.
25
Commission Memorandum
Page 3
The project will simultaneously focus on the fidelity of the implementation of BWCs and
on the demonstration of the effectiveness and cost-effectiveness of sharing BWCs data
across the criminal justice system stakeholders. lt focuses on the ability to effectively
share information and collaborate across criminal justice organizations with particular
attention to new methods that fundamentally change the way through which criminal
justice system stakeholders (law enforcement agencies, prosecutors, public defenders,
private attorneys, courts, and local governments) collaborate, specifically in the
preparation of court cases using digital evidence. The Miami Beach Police Department
and the Administration will partner with the Dr. Barak Ariel, University of Cambridge,
England. Other stakeholders may include the State Attorney; Courts; Public Defender;
Clerk of Courts. This project supports the key intended outcome insist on Police
Department accountability and skilled managemenUleadership.
4. Retroactive approval to submit an application to Florida Department of
Transportation. in the approximate amount of $374,000, for Police Department's
Hiqhwav Safetv Prooram
The Florida Department of Transportation Safety Office (FDOT) funds grants that
address traffic safety priority areas that include community traffic safety outreach,
distracted driving, impaired driving teen driver safety and other priority areas.
The grant will increase existing efforts regardlng impaired driving; funds would not
supplant current funding, but would add to the existing program. The Florida Strategic
Highway Safety Plan continues to emphasize impaired driving as a "Continuing Priority"
with ongoing high-visibility enforcement campaigns to reduce impaired driving as the
primary action. According to Highway Safety Matrix, Miami Beach ranks 6th out of 31
cities in impaired driver related cases.
Accordingly, the application is for funding in the amount of $149,000 for salaries
(overtime) for personnel on the DUI Enforcement Program. The Miami Beach Police
Department's Overtime DUI Enforcement Program will include publicized sobriety
checkpoint programs and mass media campaigns. Currently, the Police Department
performs six DUI saturations per year and operates one DUI checkpoint per year. This
grant will allow the Police Department to perform'18 additional DUI saturations and
operate seven additional DUI checkpoints per year. This program will be in addition
(supplemental) to our existing program.
5. Retroactive approval to submit an application to the Florida Office of the Attornev
General, in the approximate amount of $100.000. for Victim of Cr:ime Act (VOCA)
fundinq.
The Office of the Attorney General provides Victims of Crime Act (VOCA) grant funds
from the U.S. Department of Justice to support the provision of services to victims of
crime. The Administration receives these funds annually, and plans to apply for
continued funding in the approximate amount of $100,000 for of the Police Department's
Victim Advocate Program. Funds have been requested for salary and operating costs.
The Police Department will provide the required matching funds in the approximate
amount of $25,000 from the Police Department's operating budget.
26
Commission Memorandum
Page 4
6. Retroactive approval to submit Fiscal Year 2015/16 Budoet lssue Requests to
the State Leqislature, in the approximate amount of $7 Million.
The Administration is submitting requests for funding to the State legislature. Projects
include the city's priorities of transportation and stormwater infrastructure improvement.
Matching funds are not required but are encouraged. This project supports the key
intended outcomes to ensure comprehensive mobility addressing all modes throughout
the City and ensure reliable stormwater management and resiliency against flooding by
implementing select short and long-term solutions including addressing sea-level rise.
CONCLUSION
A Resolution of the Mayor and City Commission of the City Of Miami Beach, Florida,
approving and authorizing the City Manager or his designee to take the following
actions: 1) Submit a grant application to Florida Department of Transportation for the
Transportation Alternatives Program, in the approximate amount of $1 million, for the
Beachwalk ll project; and retroactive approval for the following: 2) Submittal of a grant
application to Firehouse Subs, in the approximate amount of $20,000, for emergency
management equipment; 3) Submittal of a grant application to the US Department of
Justice, in the approximate amount of $700,000, for the Smart Policing lnitiative grant;4) Submittal of a grant application to Florida Department of Transportation, for the
Police Department's Highway Safety Program, in the approximate amount of $374,000;
5) Submittal of a grant application to the Florida Otfice of the Attorney General, in the
approximate amount of $100,000, for Victim of Crime Act (VOCA) funding; and,
retroactively, 6) Submittal of fiscal year 2015116 budget issue requests to the state
legislature; approving and authorizing the appropriation of the above grants and funding
requests, including any requisite matching funds and city expenses; and further
authorizing the City Manager, or his designee, to take all necessary steps and to
execute all necessary documents in connection with the aforestated grants and funding
requests, including, without limitation, applications, grant and funding agreements, and
audits.
JLM/JWJMH
T:\AGENDA\201 5\March\Grants Memo.docx
27
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING AGTIONS: 1)
SUBMIT A GRANT APPLICATION TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES
PROGRAM, IN THE APPROXIMATE AMOUNT OF $1 MILLION, FOR THE
BEACHWALK ll PROJECT; AND RETROACTIVE APPROVAL OF THE
FOLLOWING: 2) SUBMITTAL OF A GRANT APPLICATION TO FIREHOUSE
SUBS, IN THE APPROXIMATE AMOUNT OF $2O,OOO, FOR EMERGENCY
MANAGEMENT EQUIPMENT; 3) SUBMITTAL OF A GRANT APPLICATION TO
THE US DEPARTMENT OF JUSTICE, SMART POLICING INITIATIVE GRANT,
lN THE APPROXIMATE AMOUNT OF $700,000; 4) SUBMITTAL OF A GRANT
APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
POLICE DEPARTMENT'S HIGHWAY SAFETY PROGRAM, IN THE
APPROXIMATE AMOUNT OF $374,000; 5) SUBMITTAL OF A GRANT
APPLICATION TO THE FLORIDA OFFICE OF THE ATTORNEY GENERAL, IN
THE APPROXIMATE AMOUNT OF $1OO,OOO, FOR VICTIM OF CRIME ACT THE
FLORIDA (VOCA) FUNDING; AND, 6) SUBMITTAL OF FISCAL YEAR 2015t16
BUDGET ISSUE REQUESTS TO THE STATE LEGISLATURE; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS AND
CITY EXPENSES; AND FURTHER AUTHORIZING THE C!ry MANAGER, OR
HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE ALL
NECESSARY DOCUMENTS IN CONNECTION WITH THE AFORESTATED
GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS.
WHEREAS, the City Administration requests approval to submit an application to Florida
Department of Transportation, in the approximate amount of $1,000,000, for the Transportation
Alternatives Program, the details of which are as follows:
o The Transportation Alternatives Program (TAP) is an element of the Federal Highway
Administration's Surface Transportation Program and primarily funds projects for non-
motorized transportation.
r The TAP program replaces the previous Transportation Enhancements Program and
can fund the following types of transportation projects: construction of on-road and off-
road facilities for pedestrians and bicyclists; historic preservation and rehabilitation of
historic transportation facilities; and vegetation management practices, etc.
. The program does not require matching funds; however, any funding that the city
contributes to the project will make the application more competitive.
. The Administration is applying for construction funding for Beachwalk ll.
o This project supports the key intended outcome ensure comprehensive mobility addressing
all modes throughout the City
28
WHEREAS, the City Administration requests retroactive approval to submit an application to the
Firehouse Subs, in the approximate amount of $20,000, for Emergency Management
Equipment, the details of which are as follows:
o The Firehouse Subs Public Safety Foundation is dedicated to improving the life-saving
capabilities of first responders and public safety organizations in communities served by
Firehouse Subs by providing funding, resources and support.
o The Administration has applied for funding in the amount of $20,000 for emergency
equipment, training systems, community emergency response team kits, and Automated
External Defibrillators (AEDS) through the City's Emergency Management Department.
o This equipment is necessary for the many incidents where citizens who have CERT
training and life-saving equipment have a positive impact, whether providing immediate
help until first responders arrive or supporting personnel during a hazardous situation.
. This grant does not require matching funds; and
WHEREAS, the City Administration requests retroactive approval to submit an application to the
United States Department of Justice, in the approximate amount of $700,000, for the Smart
Policing lnitiative Fiscal Year 2015 Competitive Grant, the details of which are as follows:
. The Smart Policing lnitiative Program assists state and local jurisdictions in reducing
crime and improving the functioning of the criminal justice system, specifically through
support for evidence-based policing; and
. Of particular interest to the Department of Justice are projects that examine the impact
of the implementation of body worn cameras (BWCs) on citizen complaints, the process
and outcome of internal investigations, privacy issues, and community relationships;
and
o The Administration has proposed a project, which will simultaneously focus on the
fidelity of the implementation of BWCs and on the demonstration of the effectiveness
and cost-effectiveness of sharing BWCs data across the criminal justice system
stakeholders; and
o The grant does not require matching funds; and
WHEREAS, the City Administration requests retroactive approval to submit an application to
Florida Department of Transportation, in the approximate amount of $374,000, for Police
Department's Overtime DUI Program, the details of which are as follows:
. lmpaired driving is a serious problem in Florida. The Florida Strategic Highway Safety
Plan continues to emphasize impaired driving as a "Continuing Priority" with ongoing
high-visibility enforcement campaigns to reduce impaired driving as the primary action;
and
. According to Highway Safety Matrix, Miami Beach ranks 6th out of 31 cities in impaired
driver related cases; and
29
. Funding is requested to fund the Miami Beach Police Department's Overtime DUI
Enforcement Program, in the amount of $149,000 for overtime and other expenses.
o The Miami Beach Police Department's Overtime DUI Enforcement Program will be
implemented using countermeasures that work as detailed in the National Highway
Traffic Safety Administration's "Counter Measures that Work: A Highway Safety
Countermeasure Guide for Safety Highway Safety Offices"; and
. These will include publicized sobriety Checkpoint programs and Mass Media
Campaigns. Currently, the Police Department performs six (6) DUI saturations per year
and operates one (1) DUI checkpoint per year; and
o This grant will allow the Police Department to perform 18 additional DUI saturations and
operate seven (7) additional DUI checkpoints per year. This program will be in addition
(supplemental) to our existing program; and
o This grant does not require matching funds; and
WHEREAS, the City Administration requests retroactive approval to submit an application to the
Florida Office of the Attorney General, in the approximate amount of $100,000, for Victim of
Crime Act (VOCA) funding, the details of which are as follows:
o The Office of the Attorney General provides Victims of Crime Act (VOCA) grant funds
from the U.S. Department of Justice to support the provision of services to victims of
crime; and
. The Administration plans to apply for funding in the approximate amount of $100,000 for
the Police Department's Victim Advocate Program; and
. The Police Department will provide the required matching funds in the approximate
amount of $25,000 from the Police Department's operating budget; and
. This project supports the key intended outcome to maintain crime rates at or below
nationaltrends; and
WHEREAS, the City Administration requests retroactive approval to submit Fiscal Year 2015116
budget issue requests to the state legislature, the details of which are as follows:
o Projects include the city's priorities such as transportation and stormwater infrastructure
improvements; and
r Matching funds are not required; and
WHEREAS, the grant and funding requests set forth herein would benefit the health, safety,
and welfare of the City and its residents.
30
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and
authorize the City Manager, or his designee, to take the following actions: 1) Submit a grant
application to Florida Department of Transportation for the Transportation Alternatives Program,
in the approximate amount of $1 million, for the Beachwalk ll project; and retroactive approval
for the following: 2) Submittal of a grant application to Firehouse Subs, in the approximate
amount of $20,000, for emergency management equipment; 3) Submittal of a grant application
to the US Department of Justice, in the approximate amount of $700,000, for the Smart Policing
lnitiative grant; 4) Submittal of a grant application to Florida Department of Transportation, for
the Police Department's Highway Safety Program, in the approximate amount of $374,000; 5)
Submittal of a grant application to the Florida Office of the Attorney General, in the approximate
amount of $100,000, for Victim of Crime Act (VOCA) funding; and, 6) Submittal of fiscal year
2015116 budget issue requests to the state legislature; approving and authorizing the
appropriation of the above grants and funding requests, including any requisite matching funds
and city expenses; and further authorizing the City Manager, or his designee, to take all
necessary steps and to execute all necessary documents in connection with the aforestated
grants and funding requests, including, without limitation, applications, grant and funding
agreements, and audits.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
T:\AGENDA\201 S\March\Grants Reso.docx
,trPROVED AS TO
FORM & IANGUAGE
IfOR E)(ECUTION
)U0",\- j-b-0
city Attomey Date
31
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32
r.- .-r
---
:--,--'--:.--.;.-.-
' i.."
OFFICE OF THE CIry ATTORNEY
RAUL J, AGUILA, CITY ATTORNEY
FROM:
DATE:
SUBJEGT:
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Gommission
Jimmy Morales, City Manager
Raut J. Aguita, citv ltt.r"i.g*Crr,\-^
March 11,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECIry OF MIAMI BEACH, FLORIDA, TRANSFERRING THE
OVERSIGHT AND MANAGEMENT OF THE CITY'S LEGISLATIVE
PRIORIT!ES CONCERNING COUNTY, STATE, AND FEDERAL
LEGISLATION AND GOVERNMENTAL AFFAIRS FROM THE CITY
MANAGER'S OFFICE TO THE OFFICE OF THE MAYOR AND CITY
COMMISSION; AUTHORIZING THE MAYOR (AS THE DEPARTMENT
HEAD OF THE OFFICE OF THE MAYOR AND GITY COMMISSION,
PURSUANT TO THE Gtry CHARTER) TO AppOtNT A DESTGNEE;
PROVIDING THAT THE MAYOR'S DESIGNEE SHALL ALSO SERVE
AS THE CITY'S POINT PERSON/CONTRACT ADMINISTRATOR FOR,
RESPECTIVELY, THE C!ry'S STATE AND FEDERAL LEGISLATIVE
CONSULTING SERVICES AGREEMENTS; DIREGTING THE CITY
ATTORNEY'S OFFICE TO PREPARE ANY AMENDMENTS TO THE
AGREEMENTS TO EFFECTUATE THE AFORESTATED TRANSITION,
AS REQUIRED; AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SUCH AMENDMENTS.
Pursuant to the request of Mayor Philip Levine, the attached Resolution is submitted for
consideration by the City Commission. The Resolution transfers the oversight and management
of the City's legislative priorities concerning County, State, and Federal legislation and
governmental affairs from the City Manager's Office to the Office of the Mayor and City
Commission; authorizes the Mayor (as the department head of the Office of the Mayor and City
Commission, pursuant to the City Charter) to appoint a designee; provides that the Mayor's
designee shall also serve as the City's point person/contract administrator for, respectively, the
City's State and Federal legislative consulting services agreements (collectively, the
"Agreements"); directs the City Attorney's Otfice to prepare any amendments to the Agreements
to effectuate the aforestated transition, as requlred; and authorizes the Mayor and City Clerk to
execute such amendments.
RJtuNl(sc
Agendaltem C75
Date 3-ll-l5.33
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, TRANSFERRING THE OVERSIGHT AND
MANAGEMENT OF THE CITY'S LEGISLATIVE PRIORITIES CONCERNING
GOUNTY, STATE, AND FEDERAL LEGISLATION AND GOVERNMENTAL
AFFAIRS FROM THE CITY MANAGER'S OFFICE TO THE OFFICE OF THE
MAYOR AND Clry COMMISSION; AUTHORIZING THE MAYOR (AS THE
DEPARTMENT HEAD OF THE OFFICE OF THE MAYOR AND CITY
coMMrsstoN, PURSUANT TO THE CITY CHARTER) TO APPOTNT A
DESIGNEE; PROVIDING THAT THE MAYOR,S DESIGNEE SHALL ALSO
SERVE AS THE CITY'S POINT PERSON/CONTRACT ADMINISTRATOR
FOR, RESPECTIVELY, THE GITY'S STATE AND FEDERAL LEGISLATIVE
CONSULTING SERVICES AGREEMENTS; DIREGTING THE CITY
ATTORNEY'S OFFICE TO PREPARE ANY AMENDMENTS TO THE
AGREEMENTS TO EFFECTUATE THE AFORESTATED TRANSITION, AS
REQUIRED; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SUCH AMENDMENTS.
WHEREAS, each year, the Mayor and City Commission determine the City's funding
and legislative priorities concerning County, State, and Federal legislation; and
WHEREAS, the City currently contracts with Corcoran & Associates, lnc. and Southern
Strategy Group, lnc., for legislative consulting services concerning State legislation; and
WHEREAS, the City also contracts with M\ A/V Group for legislative consulting services
concerning Federal legislation (collectively, the City's legislative consulting services agreements
with, respectively, Corcoran & Associates, lnc. and Southern Strategy Group, lnc., and M\ A/V
Group are referred to as the "Agreements"); and
WHEREAS, the oversight and management of the City's legislative priorities concerning
County, State, and Federal legislation and the City's governmental affairs, including the contract
administration of the Agreements, is presently handled by a senior Administrative staff member
designated by the City Manager; and
WHEREAS, based on the powers vested in the Mayor and City Commission by the City
Charter, which include, without limitation, the Commission's authority to determine and adopt
the City's legislative priorities, it would serve the interest of efficiency to transfer the oversight
and management of the City's legislative priorities and governmental affairs, including the
contract administration of the Agreements, from the City Manager's Office to the Office of the
Mayor and City Commission; and
WHEREAS, the City Attorney's Office has reviewed the legality of the transition
authorized by this Resolution and has opined that it is not inconsistent with Section 2.03 of the
City Charter, entitled "Powers of the City Commission," which, in pertinent part, states that the
City Commission "shall have power to do and perform all things necessary for the government
of the City not inconsistent with the constitution of the State of Florida, the Constitution and laws
of the United States, and the terms and provisions of this Charter"; and
34
WHEREAS, notwithstanding the transition of the oversight and supervision of the City's
legislative priorities to the Office of the Mayor and City Commission, the Mayor's designee shall
coordinate and work with the City Manager's Office, City Attorney's Office, and such other City
personnel as may be required, to assist in the implementation of the City's legislative priorities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the oversight and
management of the City's legislative priorities concerning County, State, and Federal legislation
and governmental affairs are hereby transferred from the City Manager's Office to the Office of
the Mayor and City Commission; the Mayor (as the department head of the Office of the Mayor
and City Commission, pursuant to the City Charter) is authorized to appoint a designee; the
Mayor's designee shall serve as the City's point person/contract administrator for the
Agreements; the City Attorney's Office is directed to prepare any amendments to the
Agreements to effectuate the aforestated transition, as required; and the Mayor and City Clerk
are authorized to execute such amendments.
PASSED and ADOPTED this ----- day of
ATTEST:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
F:\ATTO\KALN\RESOLUTIONS\Governmental Affairs Transfer of Duties (2015) Reso.docx
2015.
35
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36
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2, ARTICLE 111, OF THE MIAMI BEACH CITYCODE, ENTITLED "AGENCIES, BOARDS AND
GoMM!TTEES," DIVISION 32, ENTITLED "GAY, LESBIAN,
BISEXUAL AND TRANSGENDER (GLBT) BUSINESS
ENHANCEMENT COMMITTEE,'' AND SECTIONS 2.190.144
THROUGH 2.190.147 THERETO TO CHANGE THE NAME OF
THE COMMITTEE TO THE "LGBT ADVISORY GOMMITTEE;"
AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the GLBT Business Enhancement Committee serves many
important functions related to the lesbian, gay, bisexual, and transgender community
in the City of Miami Beach; and
WHEREAS, at its regular meeting in February 2015, the Committee passed a
motion requesting that the Mayor and City Commission change the name of the
Committee to "LGBT Advisory Committee."
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 2, Article lll, of the Miami Beach City Code, Division 32
thereof, and Sections 2-190.144 through 2-190.147 thereto, is hereby amended as
follows:
DIVISION 32, (LGBT)
ADVI SORY COMM ITTEE BUSI NESS EN HANCEM ENT CEMMITTEE
SECTION 2-190.144. Committee Purpose.
The purpose of the LGBT Advisory Committee is to
provide guidance and advice to the City Commission and the City Manager with
recommendations on initiatives to be implemented and supported by the City
regarding a variety of issues to ensure the welfare and future of the Miami Beach
GIBF LGBT Community.
SECTION 2-190-145. Powers and Duties.
The Committee shall make advisory recommendations to the City Commission and
the City Manager on initiatives to be implemented and supported by the City
regarding a variety of issues to ensure the well being and quality of life of the Miami
Beach GtBt LGBT Community.
Agenda ltem
Date37
SECTION 2-190-146. Composition.
The Committee shall consist of fifteen (15) voting members, with three (3) members
to be directly appointed by the Mayor, and two (2) members to be directly appointed
by each City Commissioner. Notwithstanding the preceding sentence, the initial
membership of the Committee shall be comprised of those current members of the
Mayor's Gay Business Development Committee, choosing to serve on the
Committee, with any additional members (as required to complete the total number
of members of the Committee) to be appointed at large by a majority vote of the City
Commission.
SECTION 2-190-147. Supporting Departments.
The Office of the City Manager will provide staff support for the Committee. The
City Attorney's Office shall serve as legal counsel to the Committee.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid; the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underline denotes additions
S+*t<e$reugh denotes de letio ns
[Sponsored by Commissioner Grieco]
F:\ATTO\BOUE\Ordinances\Ordinance renaming GLBT Bus Enhancement Comm to LGBT Advisory Committee.docx
38
1915 . 20 15
OFFICE OF THE CITY ATTORNEY
RAUL J, AGUILA, CIry ATTORNEY COMMISSION MEMORANDUM
i*r
TO:
FROM:
CC:
DATE:
SUBJECT:
Mayor Philip Levine and Members ofAe $ity Commission
Jonah Wolfson, City Commissioner'\tt\
Jimmy L. Morales, City Manager t
March 4,2015
City Manager's New Employment Agreement
As directed by the City Commission, I met with the City Manager on various
occasions regarding the negotiation of his new employment agreement. Following
conclusion of our negotiations, on March 2,2015, I presented the Finance and Citywide
Projects Committee with a term sheet (attached as Exhibit "A" hereto) outlining the
business terms of the Manager's proposed contract. The term sheet was approved by
the Committee with the recommendation that the final employment agreement be
prepared by the City Attorney and be presented to the City Commission for
consideration. Except for the business terms contained in the attached term sheet, all
other terms and conditions remain unchanged from those included in the Manager's
current agreement.
Agenda ltem fl7 Q
Date 3-ll-15
We ore commitled lo providing excellent public service ond solety to oli who ltve, work. ond ploy in our vibronf tropicol hrsto
39
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE C!ry OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND GITY CLERK TO EXECUTE
A NEW EMPLOYMENT AGREEMENT WITH GITY MANAGER
JIMMY MORALES FOR A FOUR (4) YEAR TERM,
COMMENCING ON APRIL 1,2015, AND ENDING ON MARCH
31, 2019; AND FURTHER, AS PROVIDED UNDER THE CtTy
MANAGER'S CURRENT EMPLOYMENT AGREEMENT,
APPROV!NG THE CITY MANAGER'S ONE.T!ME, NON.
PENSIONABLE PERFORMANGE INITIATIVE BONUS, TO BE
AWARDED ON MARCH 31, 2015.
WHEREAS, on March 13, 2013, the Mayor and City Commission appointed Jimmy
Morales as City Manager of the City of Miami Beach (City), to be effective on April 1, 2013; and
WHEREAS, on April 17,2013, the Mayor and City Commission approved Resolution No.
2013-28184, approving and authorizing the Mayor and City Clerk to execute an employment
agreement with Mr. Morales, for a term of two (2) years, commencing retroactively on April 1,
2013, and ending on March 31,2015, and
WHEREAS, the Mayor and City Commission desire to continue to retain Mr. Morales as
City Manager and, accordingly, on December 17, 2014, referred the matter of negotiating and
entering into a new employment agreement with City Manager Morales to the Finance and
Citywide Projects Committee (FCWPC), for further discussion; and
WHEREAS, the City Commission also appointed Commissioner Jonah Wolfson to serve
as its designee in negotiating the terms and conditions of a new employment agreement with
the City Manager; and
WHEREAS, the City Manager's proposed agreement was discussed by the FCWPC on,
respectively, January 7,2015; February 24,2015; and March 2,2015; and
WHEREAS, at the March 2,2015 FCWPC, Commissioner Wolfson presented a term
sheet, attached as Exhibit "A" hereto, outlining the negotiated business terms of the Manager's
new employment agreement (with all other terms and conditions to remain unchanged from
those set forth in the Manager's current employment agreement); and
WHEREAS, following Commissioner Wolfson's presentation, and having considered the
new business terms, the FCWPC recommended that the City Commission approve the new
employment agreement with the Manager; and
40
WHEREAS, the City Manager's new employment agreement (the Agreement), has been
drafted by the City Attorney based upon the negotiated business terms and is attached as
Exhibit "B" hereto; except for the new business terms all other terms and conditions of the
Agreement remain unchanged from the terms and conditions contained in the Manager's
current agreement; and
WHEREAS, at its regular meeting on March 11,2015, the City Commission held a
Committee of the Whole Meeting and, following discussion at such meeting, approved the
Agreement; and
WHEREAS, as provided under the City Manager's current employment agreement, the
City Commission also conducted a review and evaluation of the City Manager's performance;
following which, the City Commission approved a onetime, non-pensionable, Performance
lncentive bonus for the Manager, in the amount of $25,500, to be awarded to the Manager on
March 31,2015.
NOW, THEREFORE, BE !T 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 a new
Employment Agreement with City Manager Jimmy Morales for a four (4) year term, commencing
on April 1, 2015, and ending on March 31, 2Q19; and further, as provided under the City's
Manager's current employment agreement, approve the City's Manger's one-time, non-
pensionable Performance lnitiative bonus, in the amount set forth in this Resolution, to be
awarded on March 31,2015.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine
Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONM
F:\ATTO\AGUR\RESOS-ORDVimmy Morales - Reso Approvin8 Employment Contcct 4-1-15.docx
City AttorneY
41
E MIAMIBEACH
OFFICE OI THE MAYOR AND COMMISSION MEMORANDUM
To: Potricio Wolker,
From: Jonoh Wolfson, Commissioner
Dote: Februory 24, 2015
Re: Finqnce & Citywide Proiects Comlnitlee Agendo Discussion ltem
Pleose ploce on the Morch 2, 2015, Finonce Committee Agendo the following issue
for discussion:
A discussion regording the terms for the renewol of the City Monoger
Jimmy Moroles's employmenl controct.
Exhibit "A"
1 of2 pages
JW
42
Gity lltonoger Gontrocl Term Sheet
Durutionz 4 yeor term ot $262,650.00 onnuol solory
Bonus: 10% ($25,500.001 onetime non-pensionoble to be oworded on
Morch 3l, 20]5
COLA increqse: 3% on+time increose on solory to $262,650.00.
457 Funding: lncreose city contribution from $3,900.00 to $24.000.00 for term
of controct.
Exhibit "A"
2 of2 pages
43
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into this _ day
of
-,
2015, by, and between JIMMY L. MORALES ("Morales") and the CITY OF MIAMI
BEACH, FLORIDA (the "City") (collectively, the "Parties").
WHEREAS, on March 13, 2013, the Mayor and City Commission appointed Jimmy
Morales as City Manager of the City of Miami Beach (City), to be effective on April I ,2013;
and
WHEREAS, on April 17, 2013, the Mayor and City Commission approved Resolution
No. 2013-28184, approving and authorizingthe Mayor and City Clerk to execute an employment
agreement with Mr. Morales, for a term of two (2) years, commencing retroactively on April 1,
2013, and ending on March 31,2015; and
WHEREAS, the City, acting by and through its City Commission, desires to continue to
employ Morales as its City Manager on the terms and conditions set forth in this Agreement, and
Morales desires to continue to be employed as City Manager on those same terms and
conditions;
NOW, THEREFORE, the Panies agree as follows:
l. Recitations. Parties agree that the recitations above are true and correct and are
incorporated as if fully set forth here.
2. Employment. The City agrees to employ Morales as its City Manager and
Morales agrees to be 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, pro 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 the 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.
1
Exhibit "B"
44
BMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into this _ day
of _, 2015, by, and between JIMMY L. MORALES ("Morales") and the CITY OF MIAMI
BEACH, FLORIDA (the "City") (collectively, the "Parties").
WHEREAS, on March 13, 2013, the Mayor and City Commission appointed Jimmy
Morales as City Manager of the City of Miami Beach (City), to be effective on April 1, 2013;
and
WHEREAS, on April 17, 2013, the Mayor and City Commission approved Resolution
No. 2013-28184, approving and authorizing the Mayor and City Clerk to execute an employment
agreement with Mr. Morales, for a term of two (2) years, commencing retroactively on April 1,
2013, and ending on March 31, 2015; and
WHEREAS, the City, acting by and through its City Commission, desires to continue to
employ Morales as its City Manager on the terms and conditions set forth in this Agreement, and
Morales desires to continue to be employed as City Manager on those same terms and
conditions;
NOW, THEREFORE, the Parties agree as follows:
1. Recitations. Parties agree that the recitations above are true and correct and are
incorporated as if fully set forth here.
2. Employment. The City agrees to employ Morales as its City Manager and
Morales agrees to be 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, pro 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 the 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.
45
5. Effective Date. This Agreement shall become effective April 1, 2015 (the
"Effective Date").
6. Term. The Agreement shall have a term of four (4) years, commencing at 12.01
a.m., April 1,2015 (Commencement Date), and expiring at midnight, March 31,2079, unless
terminated earlier or renewed as set forth herein.
7. Compensation. Morales shall receive compensation for performing the duties of
City Manager as set forth in this Section 7. Nothing other than those items set fonh in this
Section 7 shall be considered or treated as 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. Salary. The City shall pay Morales a salary annualized at $262,650.00 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 is a participant in the Section 457 deferred compensation plan (the
Plan). Starting on the Commencement Date, and thereafter on April I't of each year
during the Term of the Agreement, the City shall make a lump sum contribution on
Morales' behalf into the Plan, in the amount of $24,000.00, according to the terms of the
Plan and applicable laws. The City agrees to review the annual salary andl/or other
benefits of Morales at the time of evaluation of performance as provided in Section 7.d.
and make adjustments as the City may determine. An annual salary review of Morales
will be made every year within 30 days after April I 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 and benefits 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.
d. 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
46
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.
8. Non-Compensation Expenses and Reimbursements. 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 pu{poses of Section 448.08, Florida Statutes, or in
arbitration.
a. Vehicle. The 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 of his 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 prirnary 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 fees 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. Renewal and Non-Renewal. The City Commission may renew or extend the
original term of this 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
47
equivalent to 12 weeks of the salary amount set forth 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 12 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.
10. Termination by Morales.
a. With Notice. Should Morales terminate this Agreement by giving notice
not less than 90 days prior to termination, the City shall pay him in like manner as if the
Agreement were not renewed.
b. Without Notice. Should Morales terminate this Agreement by giving
notice less than 90 days prior to termination, the City shall pay him any 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 fuither liability to him whatsoever.
11. Termination by the City. The City Commission may terminate this Agreement
and, thereby, Morales' employment at any time, without or without notice, and for any reason or
for no reason.
a. Without Cause. Should the City terminate this Agreement without
Cause, as defined in Section I 1.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 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. Should Florida
law be changed to permit a Severance Payment greater than that permitted under law at
the time of the execution of this Agreement, the City Commission will review the amount
of the Severance Payment set forth in this Agreement. In the event the City at any time
during the term of this Agreement reduces the salary or other financial benefits of
Morales in a greater percentage than an applicable across the board reduction for all
employees of the City or in the event the City refuses after 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 terminated at the date of such reduction or such refusal to
comply within the meaning and context of this Section 11.a.
b. With Cause. Should the City terminate this Agreement with Cause, as
herein defined, it shall pay Morales any 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, including no obligation to pay the Severance Payment as
48
defined in Section 1 1.a. Cause is defined as one or more of the 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 terms are interpreted under Section 112.3187, Florida Statutes; or other
similar conduct that the City Commission reasonably determines merits termination.
12- Pension. 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
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 the extent of Florida law under Chapter I11,
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 the common
law of Florida.
15. Notice. 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 Philip Levine (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
and
City Attorney Raul Aguila (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Morales: Jimmy L. Morales (or heirs)
6815 Corsica Street
Coral Gables, Florida 33t46
16. No Assignment or Deleeation: No Third-Paft), 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.
49
17. Entire Agreement. Severability. Modification. Waiver. The provisions of this
Agreement constitute the entire agreement between the Parties on its subject 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 shall
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 be
construed as a waiver in any other instance.
18. Construction. Governine Law. Headings. This Agreement shall be construed
according to its express 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 fees, 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 the amount
initially budgeted, approved, and appropriated for the funding of this Agreement. Any such
purported construction or award will be null and 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.
20. Countemarts. Electronic Sisnatures. 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
50
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 Philip Levine, Mayor
day of ,2015.
FOR MANAGER:
Witness Signature Jimmy Morales,
day of 2015.
Print Name
Witness Signature
Print Name
AS TO
LANGUAGE
EXECUTION
F:\ATTO\AGUR\AGREEMENT!immy Morales Employment Contract (4-1-15) Redlined.docx
51
b:MIAMIBEACH
OFFICE OF THE CITY CLERK
State of Florida
County of Miami-Dade
l, Jimmy Morales, a citizen of the State of Florida and of the United States of America, and
being employed by or an officer of the City of Miami Beach and a recipient of public funds as
such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution
of the United States and of the State of Florida; and that I will well and faithfully perform the
duties of City Manager of the City of Miami Beach.
Jimmy Morales
Sworn to and subscribed before me this day of _, ZO1S
52
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO: Mayor Philip Levine and the City
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: DISCUSSION REGARD!NG BEACH TRAFFIC
This item was requested by Commissioner Micky Steinberg for discussion.
BACKGROUND
The City of Miami Beach is one of the main centers of attraction for events in Florida due to its
weather, restaurants, nightlife, beaches, and people. Most major events are heavily attended
and therefore increase traffic volumes on the roadway network. ln addition, the seasonal
characteristics of the City have a direct impact on the vehicle volumes utilizing our roadways.
The increase in traffic volumes severely burdens traffic signals, thus negatively impacting
roadway level of service and driver experience. The adverse traffic conditions are further
exacerbated by roadway closures as a result of construction projects.
Similar to other areas in the City, North Beach has limited roadway capacity. Currently,
commuters and tourists face delays through the primary corridors in this area of the area.
Congestion affects the quality-of-life of residents and can be detrimental to the economic
growth. Daily Corridor Level of Service maps developed by the Florida Department of
Transportation show the following results:
Level of Service is a qualitative measure of the performance of intersections and roadway
segments. Each movement of an intersection is assigned a letter grade (A through F)
corresponding to the delay for the particular movement. ln general, LOS figures between A and
D are found to be acceptable; however, at intersections within urban environments with
moderate to high traffic density, LOS A and B are typically not achievable. Based on these
lins Avenue
lndian Creek Drive
Agendaltem R{&
Date 3-rl-iil53
Commission Memorandum - Drscusslon Regarding North Beach Traffic
March 11 , 201 5
Page2
adopted standards, all intersections with an overall LOS of E or F are considered failing
intersections. The City's adopted Level of Service standard is D (2025 City of Miami Beach
Comprehensive Plan). The table below provides insight into urban LOS criteria. lt is important to
note that LOS is not a measure of safety at an intersection. A failing LOS indicates extreme
level of congestion and delay and does not imply a dangerous intersection.
ANALYSIS
Level of Service and roadway efficiency is affected by various factors including roadway
capacity and signal timing. ln order to identify current deficiencies in the roadway network and
make recommendations for improvements in North Beach, an area-wide study including
analysis of land-use intensity, geometric constraints, transit efficiency, parking, and other
elements would be required. The analyses of these elements are typically conducted as part of
a master planning exercise.
The City is currently engaged in the development of a comprehensive Transportation Master
Plan that is taking a broader look at the City's entire transportation network, motorized and non-
motorized, and considering contributing factors such as land use and parking. Additionally,
reviewing the synergy between the North Beach area and other areas of the City by way of the
Transportation Master Plan will lead to localized improvements that may have a greater benefit
on the transportation network. The Transportation Master Plan is also reviewing policies that
have a direct impact on congestion and prioritizing projects to address the needs identified in
the Existing Conditions Report.
It is important to note that the City Commission will be hosting a Transportation and Planning
Workshop on March 18,2015 to discuss transportation initiatives including the Transportation
Master Plan. This workshop will be an opportunity to discuss the existing conditions of the
transportation network, on-going transportation and planning efforts, and a vision for
transportation in the City. The Transportation Master Plan is anticipated to be completed in
summer of 2015.
The City is currently engaging the U.S. Coast Guard to establish restrictions for the operations
of the 63'o Street Bascule Bridge during peak traffic periods, similar to current Coast Guard
restrictions on other drawbridges in the County. The goal of the restrictions is to reduce the
adverse impacts to traffic flow and signalization along the 63'd Street corridor and adjacent
roadways due to frequent bridge activity. Additionally, the Administration has a meeting
scheduled with the Miami-Dade County Mayor's Office to discuss the optimization and
coordination of traffic signals in light of the City's lntelligent Transportation Systems project.
CONCLUSION
The Administration believes that conducting a traffic study for the North beach area independent
of the Transportation Master Plan will have limited benefits. Therefore, it is recommended that
the North Beach area continue to be evaluated as part of the ongoing Transportation Master
Plan, with recommended strategies to be brought to the Commission over the next few months.
fu,Mu,,
T:\AGENDAl2015\March\Transportation\Discussion Regarding North Beach Traffic.docx
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g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City mtsston
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: DISCUSSION REGARDING HO
Census Count
The City, much like its municipal counterparts throughout the country, is facing the
challenges that accompany homelessness. As of the most recent Point-in-Time
Homeless Survey conducted January 22 - 23,2015, the City's homeless count stands at
193. This is an increase from the last count in August 2014 and one less than the count
in 2010. Below please find a summary of count outcomes since 2010:
2010 149 196 +47 N/A N/A
2011 177 218 +41 +28 +22
2012 173 186 +13 -4 -32
2013 138 106 -32 -35 -80
2014 122 157 +35 -16 +51
While the homeless count typically fluctuates between seasons and is seen as a
reflection of the country's overall economy, our City is unique in its strategies and
response to the problem. Our City is one of only two in Miami-Dade County that funds
outreach teams to engage and serve homeless persons. lt is the only municipality that
operates a walk-in center enabling homeless persons to access services proactively.
Our center is located at 555 17th Street. ln addition, our City approaches
homelessness cooperatively across departments with active participation by the
Homeless Outreach Team, Police, Sanitation Department and others. Further, our City
purchases 52 shelter beds above and beyond those provided by the Miami-Dade County
Homeless Trust, our community's lead Continuum of Care (COC) agency. The City's
purchased beds include:
Camillus House 12
Lotus House 5
Miami Rescue Mission 15
The Salvation Armv 20
IN OUR COMMUNITY.
Agenda ltem 8Qf
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Homeless Discussion
March 11,2015
Page 2 of 3
Gurrent Citv Strateqies
Aside from the internal leveraging of resources and the purchase of beds, the City has
undertaken several key efforts to address homelessness including:o Conducting joint outreach missions with Police at midnight and 3amo Conducting advance 6am missions identifying where the homeless are sleeping
so that outreach team members can engage when the sun riseso Opening the walk-in center at 7:30am to encourage shelter acceptance at the
beginning of the day. Providing twice daily shelter placements to reduce wait time between screening
and shelter placement. Creating the Client Management !nformation System (CIMS), an online
application that allows staff to track homeless clients in the field facilitating
engagement and providing instantaneous service histories. Providing Police with the Homeless Seryices Referral Form to encourage the
offer of shelter as an alternative to arrest for certain crimes (including trespass)
and enabling the subsequent tracking of the referred party's access to services
These combined efforts have enabled staff to collect individual and trending data that
has significantly improved the ability to allocate resources to needed areas as well as
understand the nature and factors that lead to homelessness. For instance, in Lummus
Park, the simple act of relocating benches away from the entrance corridors and planting
vegetation around the park sign discouraged the homeless from using these vantage
points for panhandling. ln Maurice Gibb Park, the installation of bench dividers has
discouraged overnight sleeping.
Throughout our parks and public facilities, the City has been posting legally enforceable
trespass signage as a means of discouraging use of these facilities as sleeping
locations. The posting subsequently enables Police to arrest those who trespass.
City staff conducts daily 6am census routes to locate where the homeless sleep in our
City. Staff photograph those sleeping on private property. The photos are then fonvarded
to the affected property owners along with information on steps they can take to
discourage the use of their property by the homeless including the posting of no trespass
signage and participation in the Police Department's trespass program. Thirteen
individual property owners have been contacted thus far since this effort started in
January.
The data now collected allows staff to drill down to specific areas and individuals. For
instance, Washington Avenue is an area that has yielded significant calls for service in
the past 60 days. Police have issued 17 Homeless Service Referrals for Washington
Avenue in January and February of this year. City staff engaged 10 people willing to
identify themselves in the same corridor. Of these, four people were placed into shelter
in January and one in February. Police have made 13 homeless-related arrests in this
same timeframe.
Washington Avenue poses a unique situation as certain environmental factors
encourage homelessness and panhandling. This area has a significant number of
vendors who allow for single-serving alcohol sales. As a result of the high tourist activity,
this area is popular for panhandling. Combined, these factors encourage certain
homeless to gravitate to the area during daytime hours. The homeless that outreach
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Homeless Discussion
March 11,2015
Page 3 of 3
staff have encountered along this corridor are resistant to engagement because of
alcohol issues and tend to be aggressive. Those who are not tend to exhibit mental
health issues. For these, the City is tracking encounters, refusals and overall client
health to pursue court intervention where possible and appropriate.
Staff has proactively tried to track where those homeless who loiter in the Washington
Avenue area sleep at night. Consistently, we have found that very few people sleep in
the area but gravitate to the area after 11am - coincidentally when alcohol sales
typically begin and after panhandling opportunities have started. During the week of
March 2nd, staff made a concerted effort to identify those hometess who stay in the area
during daytime hours. The short survey found that most homeless in the area fit into
three categories:o Those homeless who have alcohol dependency issues and are reluctant to
accept engagement;o Those homeless who come to the area to panhandle but actually reside
elsewhere (including Miami); and. Those homeless with mental health issues who gravitate to the area because of
ease of access for food enabling their sustenance.
While it is easy to simplistically reduce homelessness to numbers, City staff maintains
photos, personal histories and service requests for all homeless via CIMS because each
person has unique circumstances, challenges and histories that influence their personal
homelessness. For instance, one homeless man who perpetually sits at the bus bench in
front of the Burger King Burger Bar on Washington Avenue has signed 16 refusals of
services with homeless staff and been engaged 25 times by Police. Staff has been
tracking him for signs of degradation but he has maintained his weight despite having no
known possessions or visible signs of income. Staff has provided him with substance
abuse treatment services in the past but he has consistently declined help ever since.
As an example of why our community is attractive to the homeless, one man
encountered by staff at Washington Avenue bus shelter last week readily admitted that
he was homeless in Miami but came to or City to panhandle because it was more
lucrative than the Overtown area where he sleeps. The reality is that the attributes that
have attracted residents, businesses and visitors to our City also serve to attract the
homeless.
Planned Strateqies
The City is currently identifying those vendors along Washington Avenue who permit
single-serving alcohol sales. Once identified, the City will proactively reach out to these
business owners and seek their help in addressing homelessness in the area by
discouraging these single-serving alcohol sales.
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