20151014 SM4MIAMIBEACH
City Gommission Meeting
SUPPLEMENTAL MATERIAL 4
Gity Hall, Commission Chambers, 3rd Floor, 1700 Convention Genter Drive
October 14,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrslt 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 Glerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists Iaws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C7 - Resolution
c7E A Resolution Amending Resolution No. 2015-29127 Relating To Amendment No. 1 To The
Development Agreement Between The City And Jameck Development, Inc. (Jameck Or
Developer), Dated July23, 2014, ForThe Design, Development, And Construction Of Certain
Streetscape lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue
Between Lincoln Road And Lincoln Lane South (The Project); Said Amended Resolution
Correcting The Guaranteed Maximum Price (GMP) Of The Project From $786,200 To
$806,340, And lncluding The Following Clarifications ln Amendment No. 1 To The
Development Agreement: (1)That The City's Budgeted Cost For The Project ls $485,820
(lnstead Of $485,821), Of Which $27,000 ls Budgeted For City's Construction Management
Costs, Leaving A Balance Of $458,820 To Be Applied Toward The Project (City's
Contribution); (2) That The City Will Be Paying Each Approved Draw ln Proportion To The
City's Contribution To The Project; And (3) That The Developer Will Be Responsible For The
Entire Scope Of The Project, lncluding Any Underground Utility Work, And Assuming The
GMP Costs Exceeding The City's Contribution.
(Public Works)
(Revised Resolution)
1
Supplemental Agenda, October 1 4, 2015
R5 - Ordinances
RsF An Ordinance Amending Chapter 142 Of The Miami Beach City Code, Entitled "Zoning Districts And
Regulations," By Amending Article lV, Entitled "Supplementary District Regulations"; By Amending
Division 3, Entitled "Supplementary Use Regulations"; By Amending Subsection (5), To Require
Transient Guest(s) Or Occupant(s) To Register At The Suite Hotel; Providing For Codification,
Repealer, Severability, And An Effective Date. 10:25 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on September 2,2015 - RsP)
(Memorandum & Ordinance)
RsK An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public
Property," ByAmending Article lV, Entitled "Uses ln Public Rights-Of-Way," ByAmending Division 5,
Entitled "Sidewalk Cafes," ByAmending Subdivision ll, Entitled "Permit," ByAmending Section 82-381
Thereof, Entitled "Permitted Areas; Conditional Permit; City Manager's Right To Remove Sidewalk
Cafes," By Requiring Display Of Prices For Food And Drink Menu ltems OrAny Food And Drink Menu
Specials, And Establishing A Notice Provision To Customers Regarding Any Automatic Gratuity Or
Service Charge By The Operator Of The Sidewalk Caf6; By Amending Section 82-382 Thereof,
Entitled "Application," Mandating That A Sidewalk Caf6 Application Be Denied For Failure To Have
Food And Drink Menus Which lncludes Prices For Food And Drink Menu ltems, Food And Drink
Menu Specials, Or Notification Of Any Automatic Gratuity Or Service Charge lmposed By The
Sidewalk Caf6 Operator; By Amending Section 82-385 Thereof, Entitled "Minimum Standards,
Criteria, And Conditions For Operation Of Sidewalk Cafes," By Prohibiting A Sidewalk Caf6 To
Operate Without Food And Drink Menus Which Show The Pricing ForAny Food And Drink Menu ltem
Or Food And Drink Menu Special, And Fail To Notify Customers Of AnyAutomatic Gratuity Or Service
Charge lmposed By The Sidewalk Caf6 Operator; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
(Ordinance)
R7 - Resolutions
R7F A Resolution Approving And Authorizing The MayorAnd City Clerk To Execute Amendment No. 2 To
The Design-Build Agreement Between The City And Lanzo Construction Co., Florida, For Design-
Build Services For Neighborhood No. 13: Palm And Hibiscus lslands Right-Of-Way lnfrastructure
lmprovement Project, Dated September 18, 2014 (The Contract); Said Amendment lncluding
Additional Design Services Required To Meet The Revised City Landscape Ordinance, The Home
Owners Association Comments, And The City's Fire Department Analysis, ln The Not-To-Exceed
Amount Of $73,240 With Previously Appropriated Funding.
(Capital lmprovement Projects)
(Resolution & Agreement)
Reports and lnformationa! ltems
4. MDPD lnvestigation Of MBPD Officer lnvolved Shootings.
(Police)
(LTG No.399-2015)
2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015.29127
RELATING TO AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT
BETWEEN THE GITY AND JAMECK DEVELOPMENT, tNC. (JAMECK OR
DEVELOPER), DATED JULY 23, 2014, FOR THE DESIGN, DEVELOPMENT,
AND GONSTRUCTION OF CERTAIN STREETSCAPE IMPROVEMENT IN THE
CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN
LINCOLN ROAD AND LINCOLN LANE SOUTH (THE PROJECT); SAID
AMENDED RESOLUTION CORRECTING THE GUARANTEED MAXIMUM PRICE
(GMP) OF THE PROJECT FROM $786,200 TO $806,340, AND INCLUDTNG THE
FOLLOWING CLARIFICATIONS IN AMENDMENT NO. 1 TO THE
DEVELOPMENT AGREEMENT: (1) THAT THE CITY,S BUDGETED COST FOR
THE PROJECT tS $485,820 (INSTEAD OF $485,821), OF WHTCH $27,000 !S
BUDGETED FOR CITY'S CONSTRUCTION MANAGEMENT COSTS, LEAVING A
BALANCE OF $458,820 TO BE APPLTED TOWARD THE PROJECT (CtTY',S
CONTRIBUTION); (2) THAT THE CITY WILL BE PAYING EAGH APPROVED
DRAW IN PROPORTION TO THE CITY'S CONTRIBUTION TO THE PROJECT;
AND (3) THAT THE DEVELOPER WILL BE RESPONSIBLE FOR THE ENTIRE
SCOPE OF THE PROJECT, INCLUDING ANY UNDERGROUND UTILIry WORK,
AND ASSUMING THE GMP COSTS EXCEEDING THE CITY'S CONTRIBUTION.
WHEREAS, Jameck Development, lnc. (Developer), approached the City to enter into a
Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road
and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road
pedestrian mall, and the construction of streetscape improvements (the lmprovements) in the
City's right-of-way (the Project); and
WHEREAS, the Project will benefit the public in the following ways: (a) by removing
delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a
delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east
or west through Lincoln Lane South instead of having to back up and turn around to exit on
Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off
Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and
WHEREAS, on June 5,2013, the Mayor and City Commission adopted Resolution No.
2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into
negotiations with the Development for a Developer Agreement to design and build the Project;
and
WHEREAS, on its June 1 1, 2014 meeting, the City Commission approved Resolution
No.2014-28628, approving the Development Agreement on first reading; and
WHEREAS, on its July 23, 2014 meeting, the City Commission approved Resolution No.
2014-28673, approving the Development Agreement on second and final reading; and
Agenda ltem C1E,*"W3
WHEREAS, after review and negotiations by the Developer, EDGE Construction, lnc.
(Contractor) was selected to construct the improvements; and
WHEREAS, the Developer submitted Contractor's proposal, in the amount of $786,200,
for review by the City's Public Works' staff, and staff found the proposal to be fair and
reasonable for the proposed work; and
WHEREAS, the Contractor's proposal exceeded the City's budgeted cost, in the amount
of $485,820 (City's cost), so the Developer agreed to pay for any Project costs exceeding the
City's cost; and
WHEREAS, On September 2, 2015, pursuant to Resolution Number 2015-29127, the
Mayor and City Commission approved Amendment No 1 to the Development Agreement,
increasing the guaranteed maximum price (GMP) of the Project to $786,200; and
WHEREAS, thereafter, the Contractor realized that the GMP amount did not include the
bond insurance cost required under the Development Agreement, which therefore increased the
GMP amount to $806,340 (inclusive of the bond insurance cost); and
WHEREAS, the Administration recommends including the following clarifications
(Additional Clarifications) in Amendment No. 1: (1) the approved budgeted GMP price for
the Project shall reflect $485,820, instead of $485,821; (2) $27,000 of the total budgeted
GMP for the Project is earmarked for the City's Construction Management Costs, leaving a
balance of $458,820, to be applied toward the Project (City's Contribution); (3) the payment
structure for the City's portion of each approved draw request under the Development
Agreement shall be based upon the City's proportionate contribution to the Project, i.e.
56.90%; and (4) the Developer will be responsible for the entire scope of the Project,
including any underground utility work, which originally was going to be performed by the
City and paid from the City's Contribution; and
WHEREAS, the Administration recommends amending Resolution Number 2015-
29127 to correct the Project cost from the GMP sum of $786,200 to $806,340, with the
Developer assuming the GMP costs above the City's Contribution, and to reflect the
inclusion of the Additional Clarifications in Amendment No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2015-29127 relating to Amendment No. 1 to the
Development Agreement between the City and Jameck Development, lnc. (Developer),
dated July 23, 2014, for the design, development, and construction of certain streetscape
improvement in the City's right of way, at the portion of Euclid Avenue between Lincoln
Road and Lincoln Lane South (the Project); said amended Resolution correcting the
guaranteed maximum price (GMP) of the Project from $786,200 to $806,340, and including
the following clarifications. (1) that the City's budgeted cost for the Project is $485,820
(instead of $485,821), of which $27,000 is budgeted for City's construction management
costs, leaving a balance of $458,820 to be applied toward the Project (City's Contribution);
(2) that the City will be paying each approved draw in proportion to the City's Contribution
to the Project; and (3) that the Developer will be responsible for the entire scope of the
Project, including any underground utility work, assuming the GMP costs exceeding the
City's Contribution.
4
PASSED AND ADOPTED this 14th day of October, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
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& FOR EXECUTION
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RAUL AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSICN MEMORANDUM
MAYOR PHILIP LEVINE SECOND READ!NG
MEMBERS OF THE GITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
ALEKSANDR BOKSNER, FTRST ASSISTANT CITY ATTORNE'Ub
ocToBER 14,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF
THE MIAMI BEACH CITY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS,'' BY AMENDING ARTICLE IV, ENTITLED.,SUPPLEMENTARY DISTRICT REGULATIONS,,; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS";
By AMENDING SUBSECTTON (5), TO REQUIRE TRANSIENT
GUEST(S) OR OCCUPANT(S) TO REGTSTER AT THE SUITE HOTEL;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
Commissioner Michael Grieco has proposed an ordinance amendment to Section 142-105(5) ot
the Miami Beach Code, which will require transient guest(s) or occupant(s) of a suite hotel to
register at the registration desk. This registration requirement is an important public policy
component that will ensure that all persons are properly granted access to, and are lawfully at,
the premises of the suite hotel, thereby serving to protect other transient guest(s) and/or
occupant(s). Commissioner Grieco anticipates this to be an additional level of security, since it
would prohibit unpermitted individual(s) from accessing the premises of the suite hotel.
The Mayor and City Commission held a first reading of the amendment to the Ordinance on
September 2,2015, and recognized that Section 142-1105(5) was created during a period of
time that did not anticipate technological advancements for hotel reservations, which are now
being accomplished via various mobile devices. The Mayor and City Commission
acknowledged that the proposed amended Ordinance will establish an important security
requirement for current transient guests and occupants of suite hotels, and will ensure that only
lawfully permitted persons have access to the suite hotel unit and common areas.
The Mayor and City Commission approved the ordinance amendment at the first reading on
September 2, 2015, and transmitted the matter to the Planning Board for their review on
October 9,2015. The Planning Board held a discussion surrounding this proposed amendment,
and subsequently issued their approval of the ordinance. However, the Planning Board
recommended that there be further amendments, which they believe would be necessary to
address this matter.
R5r7
Commission Memorandum
Chapter 142 - Suite Hotel Ordinance
October 14,2015 Page 2 of 2
The Planning Board recommends that the Mayor and City Commission consider further
amending the ordinance to:
1) Require the suite hotel to post signage which states that guests must register at the
registration desk.
2) Limit the applicability of this Ordinance to suite hotels that exceed a certain room
capacity.
3) Require the suite hotel to staff the registration desk, provided it exceeds a certain
room capacity.
The City Attorney's Office will be evaluating these recommendations.
It is anticipated that there will be minimal fiscal impact surrounding the enforcement of this
legislation.
RJA/AB/sc
8
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF
THE MIAMI BEACH CITY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," BY AMENDING ARTICLE IV, ENTITLED..SUPPLEMENTARY DISTRICT REGULATIONS',; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS";By AMENDTNG SUBSECTTON (5), TO REQUTRE TRANSIENT
GUEST(S) OR OCCUPANT(S) TO REGTSTER AT THE SUITE HOTEL;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILIW, AND
AN EFFEGTIVE DATE.
WHEREAS, the reservation of hotel rooms may be accomplished through various
mobile mediums and devices, based upon advancements in mobile technologies; and
WHEREAS, these mobile technological advancements have created new challenges
to traditional reservations at hotels, which challenges have directly impacted the safety and
security of all tenants, guests and occupants at suite hotels; and
WHEREAS, the City has determined that safe-guarding the security of those persons
residing or visiting at suite hotels requires this amendment to prevent intruders, or any other
persons not permitted on the premises of the suite hotel.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 142,"Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations," Division 3, "Supplementary Use Regulations," Section 142-1105, entitled,
"suites hotel"; of the Code of the City of Miami Beach, Florida, is hereby established, as follows:
Chapter 142. Zoning Districtsand Regulations
Article lV. Supplementary District Regulations
Division 3. Supplementary Use Regulations
Sec. 142-1{05. Suites hotel.
When a hotel unit contains cooking facilities it shall be considered as a suite hotel unit
and shall conform with the following:
(1) The units shall only be permitted in new construction, in historic district suites hotels that
have been rehabilitated in general accordance with the U.S. Secretary of the lnterior's
standards for rehabilitation of historic buildings as determined by the planning and
zoning director, or in buildings which have been substantially rehabilitated or where the
9
suites hotel units are part of a request for a building permit that will result in the building
being substantially rehabilitated.
(2) Cooking facilities in units of less than 550 square feet shall be limited to one microwave
oven and one five-cubic-foot refrigerator. Notwithstanding the forgoing, historic district
suites hotels may have full cooking facilities in units with a minimum of 400 square feet.
(3) The building shall be maintained and operated as a hotel.
(4) A minimum of 20 percent of the total gross area shall be maintained as common area,
however this requirement shall not apply to historic district suites hotels. This provision
shall not be waived or affected through the variance procedure.
(5) The building shall contain a registration desk and a lobby.
(s) Anv transient quest or occupant for a suite hotel unit must reqister at the reqistration
desk. Those transient guest(s) or occupant(s) are prohibited from accessinq the
suite hotel unit without reqistration.
(6) The building shall have central air conditioning or flush-mounted wall units; however no
air conditioning equipment may face a street, bay or ocean.
(7) The building shall not have unenclosed exterior walkways that provide access to the
units; however this requirement shall not apply to historic district suites hotels.
(8) Should the facility convert from a suites hotel to a multifamily residential building, the
minimum average unit size and all other zoning requirements for the underlying district
shall be met.
SECTION 2. COD!FIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SEGTION 4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
10
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+ike+n+eugh denotes deleted lang uage
(Sponsored by Commissioner Michael Grieco)
2015.
APPROVED AS TO
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12
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
GODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES !N
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, ENTITLED
..SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED
.,PERMIT," BY AMENDING SECTION 82.381 THEREOF, ENTITLED
"PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S
RIGHT TO REMOVE SIDEWALK CAFES," BY REQUIRING DISPLAY
OF PRICES FOR FOOD AND DRINK MENU ITEMS OR ANY FOOD
AND DRTNK MENU SPECIALS, AND ESTABLISHING A NOTICE
PROVISION TO CUSTOMERS REGARDING ANY AUTOMATIC
GRATUITY OR SERVICE CHARGE BY THE OPERATOR OF THE
SIDEWALK CAFE; BY AMENDING SEGTION 82-382 THEREOF,
ENTITLED "APPLICATION," MANDATING THAT A SIDEWALK CAFE
APPLICATION BE DENIED FOR FAILURE TO HAVE FOOD AND
DRINK MENUS WHICH INGLUDES PRICES FOR FOOD AND DRINK
MENU ITEMS, FOOD AND DRINK MENU SPECIALS, OR
NOTIFICATION OF ANY AUTOMATIC GRATUITY OR SERVICE
CHARGE IMPOSED BY THE SIDEWALK GAFE OPERATOR; BY
AMENDING SECTION 82.385 THEREOF, ENTITLED "MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES,'' BY PROHTBITING A STDEWALK CAFE TO
OPERATE WITHOUT FOOD AND DRINK MENUS WHICH SHOW THE
PRTCING FOR ANY FOOD AND DRINK MENU ITEM OR FOOD AND
DRINK MENU SPECIAL, AND FAIL TO NOTIFY CUSTOMERS OF ANY
AUTOMATIC GRATUITY OR SERVICE CHARGE IMPOSED BY THE
SIDEWALK CAFE OPERATOR; AND PROVTDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE DATE.
WHEREAS, a business establishment that seeks to operate a sidewalk caf6 upon the
City's property must submit a legally sufficient application for a sidewalk caf6 permit, and ensure
compliance with Sections 82-381 through 82-388 of the Miami Beach Code; and
WHEREAS, the Mayor and City Commission have determined that an additional permit
and operation condition is required to prevent potential deceptive practices, and further require
business establishments operating upon the City's public property to comply, in their entirety,
with Article lV, Division 5 of Chapter 82; and
WHEREAS, this additional permit and operation requirement will obligate operators of
sidewalk cafes to display or disclose prices for food and drink menu item(s) or display or
disclose any food and drink menu special(s); and
WHEREAS, the disclosure or display of the food or drink menu item(s) price or food and
drink special(s) price must be in a size and typeface, which is at least as large as the name of
the menu item that is made available to the patron; and
Agenda rtem 4f K
o^t" lo'll-13
WHEREAS, the operator of a sidewalk caf6 will be required to provide notice to
customers of any automatic gratuity or service charge that is being imposed by the operator of
the sidewalk caf6, which notification requirement is consistent with, and mandated by, Section
509.214 of the Florida Statutes; and
WHEREAS, the City's citizens and visitors will be protected from being over-charged or
deceived for those food and beverage menu item(s) purchased, and will allow a patron to
recognize the cost of these item(s) before making his/her selection; and
WHEREAS, the Mayor and City Commission have established the need to enact this
amendment to the sidewalk caf6 ordinance to ensure and protect the City's citizens and visitors
from undisclosed, exorbitant charges for food and drinks at sidewalk cafes, and provide
notification of the gratuity or service charge imposed by the sidewalk caf6 operator.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-381 of Subdivision ll of Division 5 of Article lV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERW
ARTICLE lV. Uses in Public Rights-of-Way
OlVlSlOH r. td"*r,* a"r""
Subdivision ll. Permit
Sec. 82-381. Permitted areas; conditional permit; city manager's right to remove
sidewalk cafes.
Sidewalk cafes shall only be located where permitted by the city's zoning ordinance and
land development regulations, as same may be amended from time to time.
The approval and issuance of a sidewalk cafe permit is conditional at all times.
It shall be unlavvful for any person to operate a sidewalk cafe without a valid permit as
required by this division.
(d) The city manager shall have the right to immediately remove, after 24-hours written and/or
verbal notice to the permittee, any sidewalk cafe furniture used in connection with a
sidewalk cafe which is operating without a valid permit.
(e) The city manager may cause the immediate removal, relocation and/or storage of all or part
of a sidewalk cafe in emergency situations or for public safety considerations.
(0 The city manager may require the temporary removal and/or relocation of all or part of a
sidewalk cafe when street, sidewalk, or utility repairs, or other public construction,
(a)
(b)
(c)
14
(g)
necessitates such action. lf such temporary removal exceeds 15 days, the city manager
shall pro-rate the remaining permit fee for each additional day the sidewalk cafe (or portion
thereof) is removed and apply a credit toward the following year's permit fee or, upon
written request by the permittee, refund the remaining fee to the permittee.
Upon written andior verbal notification by the city manager of a hurricane or other major
weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever
occurs first, the permittee shall, within no more than four hours of same, remove and place
indoors all tables, chairs and any other sidewalk cafe furniture located on the right-of-way.
The notification by the city manager of a hurricane or other major weather event, or the
issuance of a hurricane warning, shall constitute a public emergency situation as
referenced in this division. The city manager may remove, relocate, and/or store any
sidewalk cafe furniture found on the right-of-way that has otheruvise not been removed by
the permittee pursuant to this subsection. Any and all costs incurred by the city for removal,
relocation and/or storage of sidewalk cafe furniture shall be the responsibility of the
permittee. Sidewalk cafes will not re-open for business following a hurricane or other major
weather event until notified by the city manager. Violation of this subsection (g) shall result
in the issuance of an immediate $1,000.00 fine, and/or suspension, for up to 30 days, of the
sidewalk cafe permit.
A sidewalk caf6 must displav or disclose prices for food and drink menu item(s). or displav
or disclose those prices for anv food and drink menu special(s). The displaved price for the
food or drink menu item(s) or food and drink menu special(s) must be in a size (font) and
tvpeface. which is at least as larqe as the name of the menu item.
A sidewalk caf6 that automaticallv includes a oratuitv or service charoe, either in the price of
the meal or drink or separatelv imposed for all items ordered, must be displaved on the
menu and on the face of the bill. This disclosure serves to provide the customer notification
that an automatic qratuitv or service charqe is beinq included bv the sidewalk caf6 operator.
The disclosure of the qratuitv or service charqe within the menu or bill must not be smaller
than 12 font.
SECTION 2. That Section 82-382 of Subdivision ll of Division 5 of Article lV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses in Public Rights-of-Way
OVfSlOf.f S. SiO"*"f*
""r""Subdivision l!. Permit
Sec.82-382. Application.
(a) A sidewalk cafe permit shall be effective for one year, from October 1 until September 30 of
the following year.
CI
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3
15
(b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the
following information:
(1) The name, address and telephone number of the applicanUpermittee.
(2) The name and address of the business establishment seeking a permit to operate the
sidewalk cafe (including the name and address of the restaurant).
(3) A copy of a valid city occupational license to operate the restaurant in front of which the
proposed sidewalk cafe will be operating. The total count of chairs to be utilized for the
restaurant must include the number of chairs used in conjunction with the sidewalk
cafe and the number of chairs inside the restaurant, as authorized by the license.
(4) A copy of a valid certificate of use for the restaurant in front of which the proposed
sidewalk cafe will be operating.
(5) Copies of current certificates of insurance in the amounts and categories required by
section 82-386.
(6) A site plan signed and sealed by a duly licensed architect or engineer which accurately
depicts the layout and dimensions of the existing sidewalk area and adjacent private
property; proposed location, size and number of tables, chairs, umbrellas, and any
other sidewalk cafe furniture; and location of doorways, steps, trees and/or landscaped
areas, fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public
benches, trash receptacles, and any other existing public fixtures, furnishings and/or
other obstruction(s), within the proposed sidewalk cafe area. The sidewalk cafe site
plan shall be approved by the city manager prior to the issuance of a sidewalk cafe
permit and the permit shall be specifically limited to the subject area shown on the
approved site plan.
(7) Photographs, drawings or manufacturer's brochures fully describing the appearance
and dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk cafe
furniture related to the operation of the sidewalk cafe. Tables, chairs, umbrellas, and
any and all other sidewalk cafe furniture shall be approved by the city manager prior to
the issuance of a sidewalk cafe permit.
(8) A copy of the approved sidewalk cafe site plan, shall be maintained on the permittee's
premises and shall be available for inspection by city personnel at alltimes.
(9) The annual application shall be accompanied by a non-refundable base application fee
as set forth in appendix A.
(10)Applications shall be reviewed for compliance with applicable city, state and federal
laws, and must be reviewed and approved by the city's public works department; fire
department; office of risk management; finance department; planning and zoning
department; and building department.
(11)Priorto issuance of a sidewalk cafe permit, the city's chief financial officer shall certify
that there are no outstanding fines, monies, fees, taxes or other charges owed to the
city by the applicanUpermittee and/or the business establishmenUrestaurant. A
sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in
full.
(12) No sidewalk cafe permit shall be issued to a restaurant whose occupational license or
certificate of use is limited to take-out service and does not have inside seating.
4
16
(13)A sidewalk cafe permit may not be transferred and/or othenruise assigned. A new
owner and/or operator of a restaurant and/or business establishment with a sidewalk
cafe permit will be required to apply for and obtain a new permit.
(1a)The permit covers only the public rlght-of-way. Tables and chairs on private property
will be governed by other applicable regulations. No outdoor seating authorized
pursuant to this division shall be used for calculating seating requirements pertaining to
location of, applications for, or issuance of, a liquor license; nor shall the outdoor
seating be used as the basis for computing required seating for restaurants, or as
grounds for claiming exemption from such requirements under the provisions of any
applicable city, county, and/or state law.
(15)Sidewalk cafes shall comply with all applicable accessibility codes including, without
limitation, the Americans with Disabilities Act (ADA), and state code provisions
addressing accessibility for building construction, as same may be amended from time
to time.
(16) A sample menu that will be used bv the sidewalk cafe to displav or disclose prices for
food and drink menu item(s), or displav or disclose those prices for anv food and drink
menu special(s). The sample menu must displav or disclose food or drink menu
item(s) or food and drink menu special(s) in a size (font) and tvpeface that is at least as
larqe as the name of the menu or food item.
(17) An affidavit bv the sidewalk caf6 that the inclusion of an automatic qratuitv or service
charoe. either in the price of the meal or drink or separately imposed for all items
ordered, will be disclosed on the menu and the face of the bill. The affidavit shall state
that the notification to the customer of an automatic gratuitv or service charoe is beinq
included consistent with, and pursuant to, those requirement(s) set forth in Section 82-
381 fl).
(c) Renewals. As provided in subsection 82-371(b), a permittee who has been issued more
than six violations pursuant to this division within a permit year, shall be prohibited from
applying for and obtaining a sidewalk cafe permit for the following two consecutive permit
years.
SECTION 3. That Section 82-385 of Subdivision ll of Division 5 of Article lV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses inPublicRights-of-Way
DIVISION 5. Sidewalk Cafes
Subdivision ll. Permit
5
17
Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk
cafes.
(a) The permittee shall take any and all actions to assure that its use of the public right-of-way
in no way interferes with patrons of other sidewalk cafes, or limits their free, unobstructed
passage thereto.
(b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is
maintained at all times as a clear and unobstructed five-foot pedestrian path around public
amenities and areas such as, by way of example, fountains, landscaped areas (excluding
city planters), and seating/shade structures. Notwithstanding the preceding, the city
manager, in his reasonable judgment and discretion, and on a case-by-case basis, may
approve and allow for a pedestrian path of less than five feet where an applicant/permittee's
sidewalk cafe operation would be significantly impacted. ln considering such cases, and in
determining whether an applicant/permittee is "significantly impacted," the city manager
may apply the criteria set forth in subsections 82-384 (cX1)-(a). A five-foot pedestrian path
shall also be required and established where the city manager, in his reasonable judgment
and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access
to an adjacent business establishment or adversely affects the visibility of an adjacent
storefront.
(c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten
feet of a bus bench and/or bus shelter. A distance of five feet shall be maintained from taxi
stands, fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street
furniture and/or fixtures.
(d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five
feet of an alley, pedestrian crosswalk, or corner curb cut.
(e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and
maintenance vehicles. The exact location of the path on each block shall be determined by
the city manager, in his reasonable judgment and discretion, and shall be incorporated into
the sidewalk cafe site map of Lincoln Road.
(0 No object shall be permitted around the perimeter of an area occupied by tables and chairs
which would have the effect of forming a physical or visual barrier discouraging the free use
of the tables and chairs by the public, or (in the case of Lincoln Road) which would have the
effect of obstructing the pedestrian path or public access between the north and south sides
of Lincoln Road.
(g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately
adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by
the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the
sidewalk cafe shall be cleared of all debris during hours of operation, and again at the close
of each business day, or as may otherwise be determined by the city manager. The
permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk
cafe is located at the close of each business day. The city shall pressure wash the right-of-
way from time to time in accordance with such schedule as shall be established in the
reasonable judgment and discretion of the city manager. ln establishing said schedule, the
city manager shall use reasonable efforts to assure that the city's pressure cleaning of the
public right-of-way occurs at such times as will cause the least disruption to sidewalk cafe
operations.
18
(h)
(i)
0)
(k)
(t)
Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a
clean, attractive, and orderly appearance, and shall be maintained and kept in good repair
at alltimes.
All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so
as to ensure the safety and convenience of the public.
Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan
shall be allowed in the permit area.
All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily
removable, and shall not be physically attached, chained, or in any other manner affixed to
any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or
public right-of-way.
The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road
Mall, tables, chairs and closed-up umbrellas may only remain on the right-of-way (within the
permit area) as long as they are placed in an orderly manner. Notwithstanding the
foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the
right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for
lunch beginning at 11:00 a.m. The city will make this determination on two separate times
during each permit year. The first determination shall be made on October 1, with the
second determination being made on April 1 of each year. The phrase "open for lunch"
shall be defined by the serving of meals to patrons during the lunch hour. lf the city
determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for
lunch on either October 1 or April 1 of a permit year, then the following regulation shall
apply to all restaurants on Lincoln Road Mall. Any and all other sidewalk cafe furniture
including without limitation, rolling service stations, service carts and bussing stations, may
only be maintained in the permit area during hours of operation provided however, that
planters that cannot be readily removed may remain within the permit area subject to the
provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service stations, service
carts, and bussing stations shall not be permitted to be placed within five feet of the walls,
columns, or posts of the Lapidus structures, city planters, or in front of other storefronts
and/or business establishments. Notwithstanding anything contained in this subsection (l),
the city manager may require a permittee to store its tables, chairs and/or umbrellas off of
the right-of-way if, in his reasonable judgment and discretion, the city manager determines
that the sidewalk cafe permit area and immediately adjacent public right-of-way are not
being adequately maintained in accordance with this division.
No storage of dishes, silvenrvare or other similar sidewalk cafe equipment shall be allowed
in the permit area, or in any other portion of the public right-of-way, or outside the structural
confines of the building in which the restaurant is located, during non-business hours.
There shall be no live entertainment or speakers placed in the permit area unless expressly
permitted as a special event. Conditions such as hours and days of operation and audio
levels will be regulated by the city's special events office, and these may vary during the
year.
One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50
feet of frontage.
No food preparation, food storage, expanded polystyrene food service articles, refrigeration
apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-
way. ln addition, expanded polystyrene food service articles shall not be provided to
sidewalk caf6 patrons.
(m)
(n)
(o)
(p)
19
(q) No food displays shall be permitted on the public right-of-way. No advertising signs or
business identification signs shall be permitted on the public right-of-way except that the
restaurant name and/or its logo may be permitted on umbrellas but such logos and/or
lettering may not exceed six inches in height.
(0 Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant
material. No portion of an umbrella shall be less than six feet eight inches above the right-
of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened together
in order to form a tentlike structure. Clear plastics or other materials may not be fastened,
rolled or otherwise be attached to umbrella edges in order to create an enclosure.
(s) The city manager may permit the use of planters manufactured of terra-cotta or polymer
materials, with the number and size to be reviewed at time of application. Placement of
planters within sidewalk cafe areas shall be five feet apart or greater. lt shall be the
permittee's responsibility to immediately remove planters, upon written and/or verbal notice
from the city manager, in case of emergency or other circumstances as provided in this
division. Maximum size of planters shall not exceed the following:
(1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high.
(2) Round planters: 24 inches diameter by 24 inches high.
(3) Planters 20 inches or higher shall be on rollers or on rolling bases.
(4) The combination of planters and plant height should not exceed a table height of 34
inches.
Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant
fertilizers which contain material that can stain the sidewalks shall not be allowed. Water
drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have
saucers or other suitable systems to retain seepage.
(t) Permittees may make written request to the city manager to use city electricity for powering
floor fans during the summer months. Summer months are defined as the period beginning
on May 1, and ending on September 30. The city manager will make electrical outlets
operable upon payment of a flat fee, which fee shall be determined, and may be adjusted
from time to time, in the reasonable judgment and discretion of the city manager, for each of
the calendar days during the summer months. City electrical outlets will be restricted to
powering floor fans only. Using the electrical outlets for powering lights, menu board lighting,
and any other electrical device is strictly prohibited. Permittees violating this restriction will
have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans
must be UL approved for outdoor use. Extension cords are not allowed.
(u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site
map as restricted for special and cultural events; provided however, that the city manager
may approve temporary use of such area(s), on a case by case basis, and only for a
defined, limited time.
(v) A sidewalk caf6 shall be prohibited from continuinq its operation until such time that it
displavs or discloses prices for food and drink menu item(s). or displavs or discloses those
prices for anv food and drink menu special(s), consistent with those requirements set forth in
Section 82-381(h) and 82-382(16).
8
20
(yg) A sidewalk caf6 that automaticallv includes a oratuitv or service charoe, either in the price of
the meal or drink or separatelv imposed for all items ordered. and fails to properlv notifv the
customer of the automatic oratuitv or service charoe is prohibited from operatino on the
Citv's propertv. The notification must be consistent with those requirements set forth in
Sections 82-381 (l) and 82-382(1 7).
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of January , 2016.
PASSED AND ADOPTED this _ day of_,2015.
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Micky Steinberg)
Underline denotes additions
Double-uncleflme denotes additions after First Reading
S+i*e+nreugh den otes de I etions
APPROVED ASTO
FORM &IANGUAGEI FOBE(ECUTIC'T{
[J'C-V to'o- t'
- oryAr.''{ AU oar.
F:\ATTO\BOKA\Ordinances\Public Property and Public Rights-of-Way Sidewalk Cafes Menu Requirements - Amending Chapter 82.docx
oU
21
THIS PAGE INTENTIONALLY LEFT BLANK
22
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO
THE DESIGN.BUILD AGREEMENT BETWEEN THE CITY AND LANZO
CONSTRUCTION CO., FLORIDA, FOR DESIGN.BUILD SERVICES FOR
NEIGHBORHOOD NO. 13: PALM AND HIBISGUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT, DATED
SEPTEMBER 18, 2014 (THE CONTRACT); SAID AMENDMENT
INCLUDING ADDITIONAL DESIGN SERVICES REQUIRED TO MEET
THE REVISED GITY LANDSCAPE ORDINANCE, THE HOME OWNERS
ASSOCIATION COMMENTS, AND THE GITY'S FIRE DEPARTMENT
ANALYSIS, IN THE NOT.TO.EXCEED AMOUNT OF $73,240 WITH
PREVIOUSLY APPROPRIATED FUNDING.
WHEREAS, on July 17,2013, the City Commission adopted Resolution No.2013-
28251 approving the negotiations with lanzo Construction Co., Florida (Lanzo) pursuant to
Request for Qualifications (RFO) No. 251-2013TC, for Design-Build Services for
Neighborhood No. 13: Palm and Hibiscus lslands Right-of-Way lnfrastructure lmprovement
Project, and further authorizing the Mayor and City Clerk to execute an agreement for pre-
construction services upon completion of successful negotiations; and
WHEREAS, the City negotiated Design and Pre-Construction Services with Lanzo
Construction Co. in the lump sum amount of $599,464; and
WHEREAS, on February 12,2014, pursuant to the recommendation of the Mayor's
Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee, the
City Commission approved to amend the City's Storm Water Management Master Plan by
modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-
NAVD for all tidal boundary conditions; and
WHEREAS, on November 19, 2014, the City Commission adopted Resolution No.
2014-28852, approving Amendment No.1, in the amount of $251,016, which included
additional design services associated with the adopted enhanced storm water criteria, and
which amendment was executed by the City on December 1,2014; and
WHEREAS, the proposed Amendment No. 2 to the Agreement, incorporating
additional design services required to meet the revised city landscape ordinance, comments
from Home Owners Association, the analysis from the City's Fire Department, the Public
Works Department (PWD) change in criteria relating to the placement of Florida Power and
Light (FPL) transformers within the City Right-of-Way, and other design criteria clarification;
and
WHEREAS, City staff, along with the Design Criteria Professional (Stantec
Consulting Services), has evaluated the Design-Builder cost proposal for the additional
services and is in agreement that the proposal is fair and reasonable; and
WHEREAS, the Administration recommends the execution of Amendment No. 2, in
the negotiated not-to-exceed amount of $73,240, will provide additional design services, and
increase the total contract sum to a notto-exceed total of $923,720.
Agenda ltem
Date23
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND C!ry COMMISSION OF
THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission Miami of
Beach, Florida, hereby approve and authorize the Mayor and City Clerk to execute
Amendment No. 2 to the existing Design-Build agreement between the City and Lanzo
Construction Co., Florida, for Design-Build Services for Neighborhood No. 13: Palm and
Hibiscus lslands Right-of-Way lnfrastructure lmprovement Project, dated September 18,
2014 (The Contract); said amendment including additional design services required to meet
the revised City landscape Ordinance, the Home Owner Association comments, and the
City's Fire Department analysis, in the negotiated not-to-exceed amount of $73,240; with
previously appropriated funding.
PASSED AND ADOPTED THIS DAY OF 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T.\AGENDA\201S\October\ClP\Palm and Hibiscus - Lanzo Amendment 2 - RESO.docx
APPROVED AS TO
rONM & LANGUAGE
& FOR EXECUTION rto- tz- 12
--Dote
24
AMENDMENT NO.2
TO THE AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
LANZO CONSTRUCTION CO., FLORIDA.,
FOR
PROGRESSIVE DESIGN.BUILD SERVICES FOR
NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS
RIG HT.OF.WAY IN FRASTR UCTURE I M PROVE M E NT PROJ ECT
DATED SEPTEMBER 1 8, 2014
This Amendment to the Agreement made and entered this _day of 2015 by
and between the City of Miami Beach, a Municipal Corporation existing under the laws of the
State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and LANZO CONSTRUCTTON GO., FLORIDA, a
Florida Corporation with its principal place of business located at 125 SE sth Court, Deerfield
Beach, Florida 33441 (Design-Builder).
RECITALS
WHEREAS, On July 17,2013, the City Commission adopted Resolution No.2013-28251
approving the negotiations with Lanzo Construction Co. Florida (Lanzo) pursuant to Request for
Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for neighborhood No. 13: Palm
and Hibiscus lslands Right-of-Way lnfrastructure lmprovement Project, furlher authorizing the
Mayor and City Clerk to execute an agreement for pre-construction services upon completion of
successful negotiations; and
WHEREAS, On February 12,2014, the City Commission approved the recommendation
by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation
Committee to amend the City's Storm Water Management Master Plan by modifying the design
criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary
conditions; and
WHEREAS, On September 18, 2014, the City executed an agreement (Agreement) for
Design and Pre-Construction Services with Lanzo Construction Co. in the lump sum amount of
$599,464; and
WHEREAS, On November 19, 2014, the City Commission adopted Resolution No.
2014-28852, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed
$251,016, to include additional design services associated with the adopted enhanced storm
water criteria (the Agreement and Amendment No. 1 shall be collectively referred to as the
Agreement); and
WHEREAS, On October 14,2015, the Commission approved this Amendment No. 2 to
the Agreement, incorporating additional design services required to meet the revised city
landscape ordinance, comments from Home Owners Association (HOA), the City's Fire
Department analysis, Public Works Department (PWD) change in criteria relating to the
placement of Florida Power and Light (FPL) transformers within the City Right-of-Way, and
other design criteria clarification; and
25
WHEREAS, This Amendment No. 2 to the Agreement, increases the contract price by a
noto-exceed sum of $73,240, and thereby increasing the total contract sum to a not-to-exceed
total of $923,720.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of thls Amendment
No. 2.
2. MODIFICATIONS
The Agreement is amended to include "Attachment A-2', which is attached and
incorporated herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4, RATIFICATION.
The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this
Amendment No. 2.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:CITY OF MIAMI BEACH
By
Rafael Granado, City GIerk Philip Levine, Mayor
ATTEST:DESIGN.BUILD:
LANZO CONSTRUCTION CO., FLORIDA
By
TITLE:TITLE:
Print Name
Attachment:
Attachment A-2
Print Name
APPROVED AS TO
FORM & ISNGUAGE ,i
oi
26
Attachment A-2
MI LANz,cJ
CONSTRUCTIONI COMPAilY
oellvedng sustalnabte Infteshucfire *lufiot s
tor bmorruyr's cofirmunifr os
September 18,2015
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: MarkTomczyk PE
E-Mail (MarkTomczyk @MiamiBeachFl.gov)
Senior Capital Projects Coordinator
Reference: Neighborhood No. 13, Palm and Hibiscus islands
F-430, AW-s, Additional Work Cost Presentation,$73,240
Fire Department Poliey Enforcement, Tree Ordinance Regulatory Clrange,
Work Requested by City during Design Pause, I Design Criteria Clarification Period, Revised
The following summarizes time and cost associated with Fire Department policy enforcement, Tree Ordinance Regulatory
change, Work Requested by City during Design Pause and Design Criteria Clarification Period. Cost is summarized
below. This revision to Lanzo's earlier letter and accommodates the Lanzo / City meeting of September 17th.
r Design Services (attached WadeTrim Letter of Sept. 18)
o Fire Department Policy Enforcement 22,i58
o Tree Ordinance Regulatory Change 20,280
o Work Requested by City during Design Pause 12,184
o Design Criteria Clarification Period 9,660
o FPL Design Change 3,248_
Subtotal 68,130
7.5 % Mark-up 5,110
Total 73240
In addition to the Costs presented above, upcoming submittal dates were agreed upon at the September 10 meeting.
Submittal date for the 90% drawings is expected on October 26,2015, CMP (Oetober 29), & 1}0o/o (November 9, 2015).
If I can be of assistance in your review, please call me at954.931-6581.
Bob Beaty, PE, Project Manager
F430, AW-005, Cost Presentation, 18-Sept
Miami Beach - O. Sanchez, Wade-Trim-D. Garcia, I-anzo-M. Bone
I25 SE 5rH Court Deerfield Beach FL 33441-4749 Phone (954) g7g-0802
www.lanzo,net
Cc:
Fax (954) 979-9897
27
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THIS PAGE INTENTIONALLY LEFT BLANK
34
r.-. --. @r.--,
1915.2015
OFFICE OF THE CITY MANAGER
No. LTC# 399-2015 LETTE O COMMISSION
TO:
FROM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
City
DATE: October 12,2015
SUBIECT: MDPD INVESTIGATION OF OFFICER INVOLVED SHOOTINGS
This Letter to Commission is prepared to the Commission that the Miami Beach
Police Department has entered into an agreement and changed Department policy to
reflect that the Miami-Dade Police Department will now be the lead investigative agency
in officer-involved shootings and other critical incidents occurring on Miami Beach.
The attachments to this LTC include the new MBPD policy and the exchange of letters
between our Police Chief and the Director of the Miami-Dade Police Department that
reflect this new agreement. The Miami-Dade Police Department will perform this duty
under the terms of our already existing Mutual Aide Agreement, a service it already
provides to many other cities and police departments in the county.
The Police Chief first presented this issue to the Commission in May in response to a
Commission member's inquiry. At the time, the Chief advised that the MBPD was
receptive to having an outside agency handle these kinds of investigations, consistent
with the national trend and new industry best practice of police departments no longer
investigating their own shootings/critical incidents. Both the City of Miami and the Miami-
Dade Police Department recently took similar action, shifting their investigations to the
Florida Department of Law Enforcement (FDLE).
Chief Oates advised the Commission at the May meeting that MBPD would either ask
FDLE or Miami-Dade County to handle these investigations. After full discussions with all
parties concerned, including the Fraternal Order of Police and the State Attorney, it was
mutually decided that asking the Miami-Dade Police Department to be our lead
investigative agency on officer-involved shootings/critical incidents was best for MBPD at
this time. This policy will be monitored and evaluated going forward and will be revised
as needed.
Chief Oates will present this item for further discussion and inquiry by Commission
members at Wednesday's Commission meeting. FOP President Bobby Jenkins is also
expected to be in attendance and provide comment.
Attachments
h(o
JLM:DJO:tr
Agenda ltem
Date35
MIAMIBEAf}IPC)LICE
STAN DARD OPERATING PROCEDURE soP #156
CRITICAL I NCIDENT INVESTIGATIONS
CALEA Standard(s):
EllBP9SlE: To establish guidelines and procedures for the investigation of critical incidents.
SQQPE: This Standard Operating Procedure (SOP) applies to all Department employees.
P!lE: On July 8, 2015 the Miami Beach Police Deparfrnent (MBPD), the Miami-Dade Police
Department (Miami-Dade) and Office of The State Aftomey for the Eleventh Judicial Circuit
of Florida (SAO) entered into an understanding regarding criminal investigatons of critical
incidents as described hereafter.
P@9E9UE:
l. Prudicate Events
1. The occunence of any of the following predicate events will, upon request by the MBPD Chief of
Police or his/her designee, initiate investigative and forensic involvement, assistance or coordination
by MIAMI-DADE:
a. The shooting of a person by a MBPD law enforcement officer acting in the line of duty; or
b. The death of an arrestee in the care, custody or control of a MBPD law enforcement officer; or
c. The death of an intended anestee during an anest attempt by a MBPD law enforcement officer;
or
d. Any other incident at the discretion of the MBPD Chief of Police.
ilBPD llember On€cene Responsibilities
1. Upon the occurence of any of the enumerated predicate events, MBPD members on the scene
shall:
b.
c.
Ensure procedures set forth in SOP 017 - Uso of Force, SOP 152 - Body Worn Cameras and
all other applicable policies and procedures are followed.
Ensure emergency medical services are provided to injured persons;
Ensure a secure crime scene perimeter is established with restricted access. Only emergenry
medical and essential law enforcement personnel will be permifted inside the crime scene
perimeter.
Ensure the scene remains secured, that physical evidence and documentation is protected and
preserved and that all law enforcement and citizen witnesses are identified and separated
pending initial interview by assigned investigators.
Ensure the MBPD Staff Duty Officer is promptly notified of the incident via the Chain of
Command. The Staff Duty Offcer will serve as he lncident Point of Contact (IPOC) and notify
the MBPD Chief of Police or his/her designee of the incident.
d.
EfiEc{ive Dale: 101 1212O15
Revised Date:
soP #156
Page 1 of 3
MIAMSEAO{PCDLTCE
36
ilt.MBPD Staff Duty Officer Responslblllties
'1. Upon direction from the MBPD Chief of Police or his/her designee, the MBPD Stafi Duty Officer shall
prompfly notffy MIAMI-DADE of the critical incident through its Homicide Bureau or Shift Commander
and request a MIAMI-DADE Critical lncident Team be dispatched to initiate an investigation and to
coordinate laboratory services at the scene. Telephone numbers are:
a. Homicide Bureau - (305) 471-2400
b. Shift Gommander - (305) 596-8176
2. The Staff Duty Oflicer shall ensure notification of the incident is made to the following MBPD
members:
a. Criminal lnvestigation Section, Major Crimes Squad;
b. lntemalAffairs Unit; and
c. Fraternal Order of Police through its President or his/her designee.
lnvectigative ResponsibiliUes
1. Miami-Dade Police Department
a. Upon receipt of notification from the MBPD that any of the enumerated predicate events have
occuned, MIAMI-DADE will immediately implement an investigation pursuant to its procedures
goveming investigations of officer-involved shootings, in-custody death incidents and/or other
critical incidents.
b. MIAMI-DADE will be the lead agency, in consultation with the State Attorne/s Office,
responsible for conduc'ting all interviews and swom statements of witnesses and subject ofiicers
related to the predicate events outlined in Section 1 above.
c. MIAMI-DADE will assume operational direction of investigations and forensic assistance or
coordination. MIAMI-DADE may request the assistance of MBPD personnel or personnel from
the MBPD and/or other law enforcement agencies.
d. At the appropriate stage(s) of an investigation initiated under this process, MIAMI-DADE will
fonrard copies of all investigative reports and investigative summaries to the State Attomey
having jurisdiction over he case and to the MBPD for review. Transmittal of reports and
summaries will be done so as to preserve any applicable exemptions ftom public disclosure and
to maintain any confidentiali$ of information that may apply.
e. MIAMI-DADE will submit all final reports to the State Attomey for review. MIAMI-DADE will report
the materialfactualfindings of the investigation but will offer no recommendations or reach legal
conclusions conceming whether the force used, if any, was justified.
2. MiamiBeach Police Department
a. MBPD will conduct the investigation related to any underlying criminal activity that preceded or
occuned at the same time as the predicate events outlined in Section 1 above, when applicable.
b. The MBPD will retain overall direction and responsibili$ for any intemal or administrative
investigations initiated in response to the occurrence of any of the enumerated predicate events.
c. MBPD will provide any assistance requested by MIAMI-DADE during and after the on-scene
investigation. Assistance may include, but not be limited to, collection of evidence from the
scene, suspects, vehicles, involved law enforcement personnel or radio communications tapes.
lv.
Eftuc{ive DaE. 1O1 121201 5
Revised Date:
soP #156
Page 2 of 3
MrAMlSElCl{PCDLTCE
37
d. The MBPD may issue initial press statements acknowledging an incident, reporting the status of
the law enforcement officer(s) involved in the incident, and refenalto the investigative process.
DO/I-HAA/RG/RC/DM/JAB/PS
F\POLIITECHSERVIPSUSOASOnCTiIiCd lrci&il lmnionton! du
APPROVED BY:
oD"*r.{. &
DanielJ. Oates
Chief of Police
References to Forms: None
Efbctive Dale:. 1011212015 SOP#156 Mn^Itrro.t
Revised Dab: Pase 3 of 3 PCDLICE
38
I.f. -e.I--
----I--
=:1 .4,..'.'. ' i'I e. i^L;'../ I /-*. ',: i' f1 l- i-\ '. k *: ,\- i I
tloml Beoch Pollcc Deporttnenl, I 100 Woshington Ave, Miomi Beoch, FL 331 39, www.miomibeochfl.gov
OFFICE OF THE CHIEF OF POLICE
I el: 305.673.7925, E-moil: donielootes@miomibeochfl.gov
July 8, 2015
Director JD Patterson
Miami Dade Police Department
9105 NW 25th Street
Miami, Florida 33172
Dear Director Patterson :
I am writing to memorialize the understanding you and I have reached regarding
the Miami-Dade Police Department ('MDPD') and the City of Miami Beach Police
Department ('MBPD") and those criminal investigations involving in-custody
deaths, officer-involved shootings and other police-involved incidents for which
the MBPD Chief of Police, or his/her designee, may request the assistance of
MDPD investigators.
As we have discussed, the MDPD agrees that it will investigate any incident
involving in-custody deaths, officer-involved shootings and other police-involved
incidents when requested to do so by the MBPD Chief of Police, or his/her
designee. The MDPD agrees to furnish all necessary personnel, equipment,
facilities and other resources needed to conduct its investigation of such
incidents. This shall include the cooperation of MDPD for any potential or
anticipated criminal or civil proceedings arising from such an incident or
investigation.
Once the MBPD Chief of Police, or his/her designee, makes such a request, the
MDPD will become the lead investigative agency. MBPD will provide resources
and assistance to support the investigation when requested to do so by MDPD.
Should you have any questions or concerns regarding this matter, please contact
me to discuss in further detail. Otherwise, it would be helpful if you would
provide written confirmation acknowledging this understanding.
Thank you for your understanding and support of this initiative and for the
ongorng agency provides to the MBPD on a regular basis.
Sincerely
J. Oates
of Police
We ore commitkrl to povrling e.xcdbnt public savice od sofely b oll wlu> /ir.e. ivo* ond pby h our vibtont. rropcol, histuic cr,nmunity.39
Miami-Dade Police
Department
Director's Office An Internationally
Accredited
Police Seruice
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July 20, 2015
Chief Daniel J. Oates
Miami Beach Police Department
1100 Washington Avenue
Miami Beach, Florida 33139
Dear Chief Oates:
We are in receipt of your recent conespondence requesting the Miami-
Dade Police Department (MDPD) assist your department with certain
complex investigations such as in-custody deaths, officer-involved
shootings and other police involved incidents wherein you or your designee
specifi cally request investigative assistance.
When such assistance is requested, MDPD will fumish all necessary
personnel, equipment, facilities and other resouroes needed to conduct its
investigation, and will participate as required in any related criminal or civil
proceedings arising from such investigation. MDPD representatives will be
available to meet with your staff and union leaderchip to answer any
questions.
We look fonrard to working with your agency and appreciate your offer of
assiqtance to support our investigations as needed. Please contact me
directly at 305-471-3518, should you have any additionalconcems.
Sincerely,
J.D. Patterson
Director
9105 NW 25 Street . Doral, Florida o 33172-15fi)
Telephone (305) 471-1780 r Fax (305) 471-2'163 o Website http://www.mdpd.com40