SM and AM 7-19-2016 LCMIAMIBEACH
SUPPLEMENTAL = BLUE
ADDENDUM = RED
Commission ltlleeting (Prcsentations & Awads)
City Hall, Commission Ghambers, 3rd Fbor, 1700 Convention Center Drive
July20, 2016 - 5:00 PM
Mayor Phitip Levire JUL t I 2016
Commissioner John Elizabeth Aleman
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attoney Raul J. Aguila
City Clerk Rafael E. Granado
V/sif us at vyww.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 ltfiami Beach, entitled "Lobbgsts," requires the
registration of all lobbybts with the OfFrce of the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Cornmittee, or any perconnel as defined in the subject Code
sectbns. Copies of the Gity Code sec{ions on lobbyists laws are available in the Office of the City Cbrk.
Questions regarding the provisions of the Ordinance should be directed to the Office of the CityAttomey.
To request this material in altemate format, sign larguage interpreter (five-day notice required), information on access
for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored
proceedings, call 305.604.2489 and select 1 for Erglish or 2 for Spanish, then option 6; TTY users may call via 711
(Florida Relay Service).
ln order to ensure adequate public consideration, if recessary the Mayor and City Commission may move any
agenda item to an altemate meeting. ln addition, the Mayor and City Commission may, at their discretion, adjoum the
Commission Meeting withorJt reaching allagenda items.
presentations and Awards:
AGENDAKEY
RegularAgenda:
PA - Presentations and Awards R2 - Competitive Bid Reports
R5 - Ordinances
Consent Agenda: R7 - Resolutions
C2 - Competitive Bid Reports R9 - New Businesses & Commission Requesl
C4 - Commission CommitteeAssignments R10 - CityAttonrey Reports
C6 - Commission Committee Reports
C7 - Resoltttions Reports and lnformational ltems
Page 1 of356
1.
2.
3.
PA.I
PA2
PA3
PA4
PA5
PA6
PA7
PA8
PA9
PA 10
AGENDA
CALLTO ORDER
INSPIMTIONAL MESSAGE AND PLEDGE OFALLEGIANCE
REQUESTS FOR ADDITIONS, WITHDMWALS, AND DEFERRALS
Presentations and Awards
EMPLOYEE PERFORMANCE RECOGNITION.
Organizatio n Development Performance lnitiatives
THE AMERICAN HEART ASSOCIATION RECOGNIZES THE MIAMI BEACH FIRE DEPARTMENT
FORACHIEVING THE 2016 MISSION: LIFELINE EMS GOLD LEVEL RECOGNITION AWARDAND
IMPLEMENTING QUALITY IMPROVEMENT MEASURES FOR THE TREATMENT OF PATIENTS
WHO EXPERIENCE SEVERE HEART ATTACKS.
Fire Department
Commissioner Joy Malakoff
CERTIFICATES OFAPPRECIATION TO BE PRESENTED TO: SGT. ANDY LOZANO, DETECTIVE
RICHARD CORTON, DETECTIVE ALBERTO PORRO, DETECTIVE GRANT REID, DETECTIVE
WILSON ROMERO, DETECTIVE ROBERT LANIER AND DETECTIVE MARTIN GARCIA, FOR
PROTECTING OUR TOURISTS DURING AN ARMED ROBBERY INCIDENT ON OCEAN DRIVE;
AND MARINE PATROL OFFICER DUANE REZENDE, FOR SAVING TWO BURN VICTIMS FROM
A BOAT FIRE.
Mayor Philip Levine
ISAAC CRUZ, OUR HUMANA
Commissioner Joy Malakoff
CERTIFICATE OF APPRECIATION TO BE PRESENTED TO
WELLNESS REPRESENTATIVE.
PROCI.AMATION TO BE PRESENTED TO DEPUTY CHIEF LAURETTA HILL FROM THE POLICE
DEPARTMENT FOR HER SERVICE TO THE CITY OF MIAMI BEACH.
Mayor Philip Levine
CERTIFICATE OF APPRECIATION TO BE PRESENTED TO OFFICER CATHY TIGHE FOR HER
DEDICATION TO OUR STUDENTS AND FOR H E R YEARS OF SERVICE AS A SCHOOL
RESOURCE OFFICER.
Commissioners Mic(y Steinberg and John
ElizabethAleman
PROCLAMATION TO BE PRESENTED TO JACKSON PRESIDENT AND CEO CARLOS MIGOYA
FOR HIS CONTRIBUTIONS TO THE MODERNIZATION OF THE HEALTH SYSTEM AND HIS
TIRELESS EFFORTS TO CHANGE THE PUBLIC PERCEPTION OF IT.
Commissioner Kristen Rosen Gorzalez
PROCLAMATION TO BE PRESENTED TO DWIGHT KRAII FOR HIS LIFELONG DEDICATION TO
AND ACHIEVEMENTS IN ENVIRONM ENTAL AWARENESS AND ACTIVISM.
Commissioner Kristen Rosen Gonzalez
PROCLAMATION TO BE PRESENTED TO MOLLIE HORWITZ IN CELEBRATION OF HER LIFE.
Commissioner Ricky Aniola
CERTIFICATES OF COMPLETION TO BE PRESENTED TO CITY OF MIAMI BEACH
NEIGHBORHOOD LEADERSHIP ACADEMY GMDUATES FOR SPRING 2016.
Office of the City Manager
Page 2 of 356
PA 11
Commissioner Rosen Gotualez
New ltem added on 711912016
PA12 SWEARING IN OF DEPUTY CHIEF OF POLICE RICK CLEMENTS.
Police
New ltem added on 711912016
PA 13 RECOGNIZE ROGELIO MADAN. NICK KALLERGIS. EVE BOUTSIS. AND FLAVIA TONIOLI. WHO
WORKED ON THE CITY OF MIAMI BEACH SUSTAINABILITY AND RESILIENCY ORDINANCE.
WHICH HAS WON THE STATE AWARD FROM THE FLORIDA CHAPTER OF THE AMERICAN
PLANNING ASSOCIATION FOR BEST PRACTICES AND WILL BE SUBMITTED TO APA
NATIONAL FORAN AWARD.
Commissioner Micky Steinberg
New ltem added on 711912016
c4A
CONSENT AGENDA
Ol - Commission Committee Ass(lnnrents
REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING RESCINDING
THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN THE MXE DISTRICT.
Commissioner Joy Malakoff
REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE A PROHIBITION ON THE
OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS AND
PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE.
Commissioner Joy Malakoff and co-sponsored by
Commissioner Michael Grieco
C4B
c4c REFERRAL TO FINANCE & CIT\ /VIDE PROJECTS COMMITTEE TO PROVTDE MORE
HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR SABRINA COHEN
FOUNDATION'SADAPTIVE BEACH DAYS TWO SATURDAYS PER MONTH.
Commissioner Joy Malakoff
REGULARAGENDA
R5 - Ordinances
RsA AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BYAMENDINGARTICLE IV ENTITLED "NOISE," BYAMENDING SECTION 4G
157, ENTITLED "EXEMPTIONS,'WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT
WOULD CONSTITUTE UNNECESSARYAND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN
SECTION 46-152; AND PROVID|NG FOR REPEALER, SEVERAB|L|TY COD|F|CATION, AND AN
EFFECTIVE DATE.
Office of the CityAftomey
Mayor Philip Levine and Co-Sponsored by
Commissioner Joy Malakoff
R7 - Resolutbns
Page 3 of 356
First Reading
R7A
R7B
R7C
A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR
FISCAL YEAR 2015/16.
Budget & Performance lmprovement
5:01 p.m. Public Hearing
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGERAND AUTHORIZING
THE CITY MANAGER TO APPROVE AND EXECUTE A WORK ORDER WITH METRO EXPRESS,
lNC. (CONTMCTOR), lN THE AMOUNT OF $1,691,134.67; PLUS TEN PERCENT OWNER'S
CONTINGENCY IN THE AMOUNT OF $169,113.47 FOR A TOTAL OF $1,860,248.14, FOR THE
CONSTRUCTION OF THE ESPANOLA WAY CONVERSION OF THE STREET TO A
PERMANENT PEDESTRIAN MALL PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL
JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTMCT; PARTIALLY UTILIZING
PREVIOUSLY APPROPRIATED FUNDS, AND SEEKING FUTURE FUNDING AS PROPOSED
UNDER THE 7TH AMENDMENT TO THE FY 15116 CAPITAL BUDGET.
Capital I mprovement Projects
A RESOLUTION RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MrAMr BEACH AND THE FRATERNAL ORDER OF pOLtCE (FOp) W|LL|AM NTCHOLS LODGE
NO. 8., FOR THE PERIOD FROM OCTOBER 1,2015 THROUGH SEPTEMBER 30, 2018; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
Human Resources
R7D
Trarsportation
Supplemental - Last updated on7 11912016
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION OF AECOM TO MODIFY
THE METHODOLOGY FOR CALCULATTNG THE EQUTVALENT RESTDENTTAL UNIT (ERU) FOR
STORMWATER UTILITY USAGE, AND DIRECTING THE CITYADMINISTRATION TO DRAFT AN
ORDINANCE AMENDING CHAPTER 110 OF THE CITY CODE TO IMPLEMENT THE MODIFIED
ERU CALCULATION FROM 791 TO 849 SQUARE FEET OF IMPERVIOUS AREA.
Public Works
AND THEAMENDMENT.
Page 4 of 356
R7F
R7G
R7H
R7r
R7J
Defened from July 13,2016 - RTGG
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO
41ST STREET (PROJECT), HAVING AN ESTIMATED CONSTRUCTION COST OF $3,OOO,OOO,
INCLUDING A 10 PERCENT CONTINGENCY AND FURTHER AUTHORIZING THE CITY
MANAGER TO PROCURE PROJECT CONSTRUCTION SERVICES UTILIZING THE
coMPETITIVELY BID NATIONAL JOTNT POWERS ALLTANCE (NJpA) COOPEMTTVE
CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
Public Works
Deferred from July 13, 2016/ RTEE
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA
AN ADVISORY NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVEMGES AT 2:00 A.M., TNSTEAD OF 5:00 A.M., FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN sTH
AND 15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN
HOTELS.
Office of the City Attomey
Mayor Philip Levine
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.
FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON NOVEMBER 8. 2016. FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH. FLORIDA
AN ADVISORY NONBINDING STMW BALLOT QUESTION ASKING WHETHER THE MAVOR
Office of the City Attorney
Vice-Mayor M ichael Grieco
Addendum added on 711912016
AN ADYISORY NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
ANP CITY COMMISSION SHOULD APPROVE A MONTHLY STORMWATER UTtLtry FEE
INCREASE OF APPROXIMATELY $6 PER RESIDENTIAL UNIT (OR EQUIVALENT RESIDENJALtlN[). TO FUND A PORTION OF THE CITYS PROGRAM TO RAISE STREETS ANp TNSTALL
STORMWATER PUMPS TOADDRESS FLOOD MITIGATION AND SEA LEVEL RISE.
Office of the City Attomey
Vice-Mayor Michael Grieco
Addendum added on 711912016
Page 5 of 356
R7K
Office of the CityAftomey
Vice-Mayor Michael Grieco
o *=rorr,,o* o, ,r= ,oro* o*, ",r" "orr,r,,o* o, *oJ"J'orT3lofi1i,il,"Jll'3ll
R7L
R7M
R9A
R9B
R9C
Office of the CityAftomey
Vice-Mayor Michael Grieco
Addendum added on 711912016
Office of the City Attomey
Vice-Mayor Michael Grieco
Addendum added on 711912016
Office of the CityAftonrey
Commissioner Ricky Arriola
Rg - New Business and commissbn Requests
Addendum added on 711912016
RECONSIDEMTION OF AGENDA ITEM R7S (LTGHT RA|L MODERN STREETCAR PROJECT)
APPROVED AT THE JULY 13, 2016 CITY COMMISSION MEETING.
Commissioner John Elizabeth Aleman
DISCUSSION ITEM ON COLLINS PARK PARKING GARAGE OPTIONS.
Office of the City Manager
DISCUSSION REGARDING FUNDING FOR THE AIR AND SEA SHOW.
Tourism, Culture, and Economic Development
AN ADVISORY. NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
Page 6 of 356
Mayor Philip Levine
R9D
R9E
R9F
R9G
R1O A
Supplemental - updated on 7 I 1812016 & 7 I 1912016
DISCUSSION REGARDING PLACING A BALLOT QUESTION ON THE NOVEMBER 8, 2016
SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING APPROVAL OF
6/7TH VOTE OF THE CITY COMMISSION BEFORE ALLOWING ANY INCREASE TO ANY
MAXIMUM ZONED BUILDING HEIGHT.
Office of the City Attomey
Commissioner Kristen Rosen Gorzalez & Co-
Sponsored by Commissioner Miclnel Grieco
Supplemental - Last updated on 7 11812016
DISCUSSION REGARDING THE STATUS OF THE LITTLE HANANA ACTIVITIES AND
NUTRITION CENTER'S ELDER MEALS PROGMM AT STELLA MARIS HOUSE.
Housing & Community Services
Commissioner John Elizabeth Aleman
Addendum added on 711812016
DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE CLEVELANDER.
Vice Mayor Michael Grieco
RiO - cityAttorney Reports
Addendum added on 711912016
NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION
wlLL BE HELD PRIOR TO THE CrrY COMMTSSTON MEETTNG OF WEDNESDA;Y JULY 20,2016,
AT 4:30 P.M., lN THE CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY
HALL, FORA DISCUSSION RELATIVE TO COLLECTIVE BARGAINING.
Human Resources
4:30 p.m.
NOTICES
A. PUBLTCHEARTNGADVERTTSEMENT(S).
Office of the City Clerk
Office of the City Clerk
Page 7 of 356
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda x", R7 D
Date 1'b-lG
AMENDMENT NO. 4 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
LIMOUSINES OF SOUTH FLORIDA, INC.
CONTRACT NO. ITB 2014.154-SR, DATED MAY 8, 2014
FOR THE TURNKEY TROLLEY OPERATIONS AND MAINTENANCE SERVICES
(AGREEMENT)
This Amendment No. 4 to the Agreement is made and entered into this _ day of
2016, (Effective Date) by and between the City of Miami Beach, Florida
(CITY), and Limousines of South Florida, lnc. (CONTRACTOR), and hereby amends the
Agreement as follows:
WHEREAS, on April 30,2014, the City Commission approved the award of lnvitation to
Bid (lTB) No. 2014-154-SR for Turnkey Trolley Operations and Maintenance Services to
Limousines of South Florida, lnc. (LSF or CONTRACTOR), and following the approval of the
lTB, an Agreement between the City and LSF was executed on May 8, 2014; and
WHEREAS, this ITB allowed for the operation of the existing North Beach Trolley
service and included provisions for the addition of routes at the CITY's sole discretion and
subsequent re-negotiation of hourly rates if change in Service increased or decreased by more
than 20%; and
WHEREAS, on July 30, 2014, the Mayor and City Commission adopted Resolution No.
2014-28708, authorizing the City to execute Amendment No. 1 to the Agreement, which
increased the scope of the Agreement to include optional equipment, as well as additional
automated stop announcement equipment, with the capability of displaying public
advertisements; and
WHEREAS, on March 18, 2015, the Mayor and City Commission adopted Resolution
No. 2015-28967, approving and authorizing Amendment No. 2 to the Agreement, incorporating
an enhanced Scope of Services to the Agreement in order to accommodate additional
transportation expenses needed for the CITY's Centennial celebration, increasing the cost of
the Agreement for said enhanced Scope of Services during lhe 2014-2015 fiscal year, solely;
and
WHEREAS, on October 21,2015,the Mayor and City Commission adopted Resolution
No. 2015-29194, waiving, by 5/7th vote, the competitive bidding requirement and approving
Amendment No. 3 to the Agreement; said amendment providing for (1) the addition of the
operation and maintenance services for two new routes in Middle Beach (the Middle Beach Loop
and the Collins Link); (2) the addition of fourteen (14) new modified/kneeling high-floor/rear end
wheel chair lift trolley vehicles (modified high-floor trolley vehicles) for the operation of the North
Beach and Middle Beach routes, in an amount not to exceed $6,700,000 annually; (3) a
negotiated new hourly rate commensurate with the cost of said modified high-floor trolley
vehicles and the additional services for the new Middle Beach routes; (4) the early exercise of
the two (2) renewal options, extending the agreement to May 7,2021; (5) in addition to the term
provided in the previous subsection (4), further extending the term, as to each route, to include
a full sixty (60) month term, commencing as of the roll-out date of all the modified high-floor
Page I of31
Page 161 of356
trolley vehicles for each respective route; and (6) and authorizing the City Manager to approve
the purchase of additional optional equipment for the modified high-floor trolley vehicles; and
WHEREAS, the Agreement, Amendment No. 1, Amendment No. 2, and Amendment
No. 3 shall be collectively referred to as the "Agreement"; and
WHEREAS, at the July 13, 2016 City Commission meeting, the state of the trolley
vehicles for the City's routes was discussed and the City Commission directed the
Administration to pursue the option of waiving the competitive bidding requirement with respect
to the South Beach route, and the approval of Amendment No. 4 to the current Agreement for
the purchase of low-floor trolley vehicles, based upon the negotiated hourly rate of $77.35; and
WHEREAS, on July 20, 2016, the Mayor and City Commission accepted the
recommendation of the City Manager and waived, by 5/7th vote, the competitive bidding
requirement, finding such waiver to be in the best interest of the City, and approved
Amendment No. 4 to the Agreement in substantial form, increasing the scope of the Agreement
to include the following: (1) the addition of one (1) bi-directional route in South Beach for a term
of sixty (60) months, commencing as of the roll-out date for the low-floor trolley vehicles; (2) the
addition of twelve (12) new low-floor trolley vehicles for use in all City trolley routes; (3) a
negotiated new hourly rate for the low-floor trolley vehicles and additional associated services;
and (4) increasing the annual cost of the Agreement, from a not to exceed cost of $6,700,000 to
a not to exceed cost of $12,000,000; authorized the City Manager to approve the purchase of
additional optional equipment for the low-floor trolley vehicles, as may be needed in the
Administration's discretion, subject to funding availability; authorized the City Manager to
terminate the existing lnterlocal Agreement, in connection with the negotiation of a new
lnterlocal Agreement with Miami-Dade County, in connection with the South Beach route; and
fufther authorized the Mayor and City Clerk to execute the final negotiated lntedocal Agreement
and the Amendment.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the CITY and CONTRACTOR hereby agree to amend the Agreement as
follows:
1. The recitals set forth above are true and correct and are incorporated herein by
reference.
2. Section 3 of Article 1 of the Agreement, entitled 'TERM", is hereby deleted in its entirety
and replaced with the following:
TERM: This Aqreement shall have a staooered term (the Term) of five (5) vears, with
each of the Trollev Service Areas (as defined in Section 3 of Exhibit A) havino a five (5)
vear Term, commencinq as of the Roll-Out Date of the Middle Beach Loop. Collins Link
South Beach route (Roll-Out-Date) or North Beach Loop Commencement Date. as
applicable. (as defined in Section 3 of Exhibit A). CONTRACTOR shall provide the City
Manaoer with written notice. thirtv davs in advance of the Roll-Out Date or North Beach
Loop Commencement Date. Notwithstandinq the foreqoino. the North Beach Looo shall
continue to ooerate with the hioh-floor trollev vehicles from the Effective Date of this
Amendment No. 4 until the New North Beach Loop Commencement Date (lnterim North
Beach Term).
Page 2 of31
Page 1 62 of 356
3. Section 4 of Article 1 of the Agreement, entitled 'FEES", is hereby deleted in its entirety
and amended as follows:
4. FEES: As consideration to CONTRACTOR for providinq the Services under this
Aoreement. CITY shall compensate CONTRACTOR on a monthlv basis. based upon
the followino fixed hourlv rate (the Fee):
Hourlv Rate durinq Interim North Beach Term. Turnkev
trollev services on a per trollev. per service hour basis to
include all vehicles. equipment. fuel. maintenance,
operations, licensinq. insurances. and anv other incidental
items or fees required for a fullv functioninq trollev service
for the North Beach Loop durino the lnterim North Beach l:
Term, based upon four (4) hiqh-floor trollev vehicles, plus
one (1) spare trollev vehicle. operatinq 16 hours per dav.
seven (7) davs perweek. 365 davs pervear.
Hourlv Rate for Hiqh-Floor and Modified Hiqh-Floor
Trollev Vehicles. Turnkev trollev services on a oer trollev.
per service hour basis. to include all vehicles, equipment.
fuel, maintenance. operations. licensinq. insurances. and
anv other incidental items or fees required for a fullv
functionino trollev service for the North Beach Loop, Middle
Beach Loop and Collins Link. based upon the Roll-Out
Date of fifteen (15) trollev vehicles (fourteen (14) new
modified hioh-floor trollev vehicles and one (1) hiqh-floor l*
trollev vehicle). operatino durinq the hours of operation. set
forth in Section 3(b)(5) in Exhibit A (Scope of Services (The
Services) seven (il davs per week. 365 davs per vear, plus
four (4) soare hiqh-floor trollev vehicles.
Hourlv Rate for Operation of Low-Floor Trollev
Vehicles: Turnkev trollev services. on a per trollev. oer
service hour basis. to include all vehicles. equipment. fuel,
maintenance. operations. licensinq. insurances. and anv
other incidental items or fees required for a fullv functionino
trollev service for the Trollev Service Areas. effective as of
the Roll-Out Date for the South Beach route. based uponrMrr. evsvrr tvv\v! vqgvv VVVtt I A-{ ^Ften (10) low-floor trollev vehicles ooeratino durinq the hours I e' ' 'vv
of operation, set forth in Section 3(b)(5) in Exhibit A (Scope
of Services ffhe Services)), seven (7) davs per week. 365
davs per year. plus two (2) spare low-floor trollev vehicles.
As referred to herein. hiqh-floor trollev vehicles. modified hiqh-floor trollev vehicles and
low-floor trollev vehicles mav be collectivelv referred to as "trollev vehicle(s)". "svstem
vehicles" or "vehicles": and the modified hiqh-floor trollev vehicles and low-floor trollev
vehicles mav be collectivelv referred to as the "new trollev vehicles".
Service hour (service hour(s)) as referred to herein is defined as the measure of
scheduled hours of service available to the public for transport on the routes, equivalent
Page 3 of31
Page 163 of 356
4.
5.
6.
7.
to one transit vehicle travelinq in one hour in revenue service. excludino deadhead
hours. or idle times qreater than 15 minutes. which is determined. at the CITY's
discretion. to be without a reasonable iustification.
CONTRACTOR shall retain ownership of the trollev vehicles in the Citv's fleet at end of
the Term, except in the event of an early termination for convenience bv the CITY. as
described in Section '13 of Article I of the Aoreement. entitled "TERMINATION FOR
CONVENIENCE". in which case the CITY would retain ownership of said trollev
vehicles.
The CITY reserves the rioht to modify the service level above or below that specified in
this Aqreement. lf the proposed increase or decrease in the service is oreater than 20%
of the oriqinal contracted services, based on service hours. then the price shall be
neqotiated with the CONTRACTOR.
CONTRACTOR's Fee shall be inclusive of anv and all costs incurred bv CONTRACTOR
in order to perform the Services under the Aqreement in a first-class and timelv manner
(includinq but not limited to Ambassador Stvle Customer Service to riders. maintaininq
interior and exterior of vehicles in pristine condition. and maintainino headwavs as
specified under attached Exhibits A throuqh C.
ln the event that CONTRACTOR's expenses and/or costs exceed the aqreed upon Fee.
CONTRACTOR shall pav anv such excess from its own funds. The CITY shall not be
required to pav anv amount that exceeds the Fee, and CONTRACTOR shall have no
claim aqainst the CITY on account thereof.
Exhibit A to the Agreement, entitled "Scope of Services (THE SERVICES)", is hereby
deleted in its entirety and replaced with the attached Exhibit A.
Exhibit C to the Agreement, entitled 'PERFORMANCE PENALTIES", is hereby deleted
in its entirety and replaced with the attached Exhibit C.
The Agreement is hereby amended to include the attached composite Table 3, entitled
"Equipment and Services Specifications", with respect to the new low-floor trolley
vehicles.
The Agreement is hereby amended to include Figure 2, attached hereto, describing the
South Beach route.
Section 7(a) of Article 1 of the Agreement, entitled "Payment and Performance Bond",
is hereby amended as follows:
a. Prior to execution of this Agreement, CONTRACTOR shall submit to the CITY
(and therefore maintain and keep in full force and effect throughout the period oftimeprovidedinSection7.hereof)therequired@
Pavment Bond (the Bond), as further set forth in Section 8 hereof. The Bond
amount shall be equal in volume to the total contract amount. As such. as of the
Roll-Out Date of the Middle Beach Loop. Collins Link South Beach route (Roll-
Out-Date) or North Beach Loop Commencement Date. as applicable, for each of
the Trollev Service Areas. the Bond amount shall be increased to the vearlv
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Page 1 64 of 356
8.
amount of the Aoreement and will be increased or reduced if the Services under
the Aqreement. based on service hours. is adiusted bv twentv percent (20%) or
more.
9. Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect.
lN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
By:
City Clerk
Rafael E. Granado
Mayor
Philip Levine
Date
FOR CONTRACTOR:LIMOUSINES OF SOUTH FLORIDA, INO.
ATTEST:
By:
Secretary President
Print Name Print Name
Date
T:\AGENDA\2015Vuly\Transportation\Transit Related\AMENDMENT 4 - ADDITION OF SOUTH BEACH TROLLEY FINAL 7-19-16.docx
Page 5 of3l
Page '165 of 356
1.
EXHIBIT A
SCOPE OF SERVICES fiHE SERVICES)
SERVICES TO BE PROVIDED. The CITY wishes to implement a municipal fixed-route,
fixed-schedule, public Transit service that is responsive to the needs of the employees,
visitors, and residents of Miami Beach, meet(s) all applicable local, state and federal laws
and regulations, and that complies with all safety, mechanical, and vehicular standards
mandated by Miami-Dade County (MDC) Passenger Transportation Regulatory Division
(PTRD) and any other applicable regulatory agencies.
The CONTRACTOR shall coordinate, manage, and control all applicable program activities
which shall include providing vehicles, drivers, and all personnel, as necessary, supervise
all elements of on-street operations, and develop administrative procedures and financial
records necessary for the operation of the System (as defined in Section 3(c) herein), to be
reviewed and approved by the CITY.
The CONTRACTOR will obtain and provide all required state and local vehicle permits
(including, without limitation, the passenger motor carrier licenses "PMC"), vehicle
registrations, and license plates. The CONTRACTOR must also have all applicable state
and local business licenses or procure same prior to the start of service. The CITY reserves
the right to ask the CONTRACTOR for proof of licenses at any time in order to ascertain
compliance.
The CONTRACTOR shall bear all operating expenses incidental to the use and operation of
the System vehicles (including, without limitation, the trolleys, fuel, permits, required interior
and exterior signage for vehicles, driver's uniforms branded with CITY logo, map frames
and hold-four brochure holders equal to the ones used by Miami Dade Transit buses). All
System vehicles shall be operated and maintained to comply with all local, state, and
federal regulations.
The CITY reserves the right, at any time and as many times, during service hours, to audit
CONTRACTOR's records and inspect, examine, test, or monitor CONTRACTOR'S
equipment (including, without limitation, the trolley vehicles) or facilities used in the Project
or in connection with the performance of the Services. CONTRACTOR agrees that its
equipment and facilities may be inspected, examined, tested, or monitored by the CITY or
its authorized representatives, or by any Federal, State, or local officer or agency having
responsibilities for inspections of the Project or the Services. CONTRACTOR hereby
waives all claims against the CITY for compensation for loss or damage sustained by
reason of any interference (which interference, if by the CITY, must be reasonable) with its
operations by any public agency or official in enforcing their duties or any Applicable Laws.
Any such interference (which interference, if by the CITY, must be reasonable) shall not
relieve CONTRACTOR from any obligation from this Agreement.
The CONTRACTOR shall be responsible for the performance, acts, and/or omissions of its
employees, subcontractors, and/or agents.
OBJECTIVES. The primary objectives of the contract operation are:
a. To provide a safe, clean, reliable, and efficient public trolley transportation service on a
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2.
fixed route and fixed schedule in Miami Beach within the Trolley Service Aras (as
defined in Section 3(a)) , within projected service hours specified; and
b. To provide a professional, courteous, and pleasant Transit experience for each
passenger (See Ambassador Style Customer Service standards incorporated herein
and attached to the Agreement as Exhibit B).
3. SERVICE DESCRIPTION. The service areas (Trolley Service Areas) governed by this
Agreement shall include areas located within the jurisdictional limits of the City of Miami
Beach, as described below:
a. Trollev Service Areas. The trolley service is a fixed route, fixed schedule public Transit
service and will be directly managed, and funded by the CITY. The trolley service areas
shall include: one (1) route in the North Beach area (North Beach Loop); two (2) routes in
the Middle Beach area, which include the Middle Beach Loop and the Collins Link
(collectively, Middle Beach routes), all as more particularly described in the attached Figure
1; and one (1) South Beach route, as more particularly described in the attached Figure 2.
The North Beach Loop, Middle Beach routes and South Beach route, as more particularly
described in Section 3(b) herein, shall be collectively referred to herein as the Trolley
Service Area(s).
The CITY currently operates the North Beach Loop with four (4) high-floor trolley vehicles,
described in the attached Table 1; however, it is the intent of the CITY to launch trolley
services in the remaining Trolley Service Areas, utilizing the existing high-floor trolley
vehicles in the City fleet, plus fourteen (14) new modified high-floor kneeling trolley vehicles
(the modified high-floor trolley vehicles), as described in the attached composite Table 2,
and twelve (12) new low-floor trolley vehicles, as described in the attached composite Table3. The City fleet shall have a total of thirty-one (31) trolley vehicles; however, the City
anticipates operating a total of twenty-five (25) trolley vehicles in the Trolley Service Areas,
with any remaining trolley vehicles being used as spares. Notwithstanding the foregoing,
the CITY reserves the right to increase or decrease the number of trolley vehicles in
operation or move the trolley vehicles between Trolley Service Areas, as deemed
necessary in the CITY's sole discretion. The roll-out of new routes shall be in the following
order:
1. the Middle Beach Loop shall roll-out its services when the first six (6) modified
high-floor trolley vehicles have been delivered and accepted by the CITY; the
Roll-Out Date or commencement date for this route shall be no later than
September 1,2016.2. the Collins Link Route shall roll-out its services when the 7th through 11th
modified high-floor trolley vehicles have been delivered and accepted by the
CITY; the Roll-Out Date or commencement date for this route shall be no later
than October 1,2016.3. the North Beach Loop shall commence when the 12th through the 14th modified
high-floor trolley vehicles have been delivered and accepted by the CITY (North
Beach Loop Commencement Date); the Roll-Out Date or commencement date
for this route shall be no later than November 1, 2016.4. the South Beach Route shall roll-out its services when the first ten (10) low-floor
trolley vehicles have been delivered and accepted by the City. The Roll-Out Date
or commencement date for this route shall be no later than July 1, 2016, with the
remaining two (2) low-floor trolley vehicles being implemented upon delivery and
acceptance by the CITY and at the ClfY's sole discretion.
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b. Description of Routes for each Trolley Service Area.
1. The North Beach Loop shall extend from 63'd Street on the south side to 87th
Street on the north and from Collins Avenue on the east to the western CITY limits along
71't StreeUNormandy Drive. This neighborhood consists of a variety of land uses that are
integral to the success of a local Transit service. The intent of the North Beach Loop is to
provide local public Transit service within a 5.5 mile closed loop in the North Beach area of
the CITY. This route is intended to serve the Collins Avenue and 71't Street commercial
corridors, as well as residential areas along the Biscayne Point and Normandy Shores area.
2. The Middle Beach Loop is intended to provide Transit connectivity between
major high density corridors, local venues, employment centers, parking facilities,
commercial corridors and public facilities between Mount Sinai Hospital and the Convention
Center through the 41't Street corridor and Collins Avenue/lndian Creek Drive corridors.
This route alignment is bounded by 44th Street to the North, Alton Road to the West, Collins
Avenue to the East and Lincoln Road to the South.
3. The Collins Link provides a connection between the Middle Beach Loop and the
North Beach Loop through Collins Avenue and lndian Creek Drive. This service also
connects high density areas along Collins Avenue and local stores including Publix
Supermarket. This service will be bounded by 73'd Street to the North, lndian Creek to the
West, Collins Avenue to the East and 39e Street to the South.
4. The South Beach route provides bi-directional service, which extends from South
Pointe Drive to the South to 20th Street to the North, Washington Avenue to the East, and
Belle lsle to the West. The CITY estimates that ten (10) trolley vehicles will be providing
service along the South Beach route.
5. Commencing upon implementation of the Middle Beach Loop, all trolley routes
will operate from 6:00 AM to 12:00 AM Monday through Saturday and 8:00 AM to 12:00 AM
on Sundays in order to satisfy the transportation demand of daily commuters and users of
the public facilities. The frequency of service will be 10-15 minute headways between
vehicles.
c. The CONTRACTOR shall provide the required vehicles, drivers, dispatchers, fuel,
storage, operation, maintenance, repairs, bonds, and insurances, in order to provide the
CITY with a first class, turn-key public trolley transportation system (the Project or the
System).
The Service, in general, shall comply with the System specifications and service standards
described herewith; comply with any lnterlocal Agreements between the CITY and Miami-
Dade County in connection with each of the Trolley Service Areas; comply with any and all
Federal, State, County, and CITY laws applicable to this service; and provide management,
technical and operating personnel and services necessary for the operation of the CITY's
fixed route(s) trolley system. All services shall be subject to the control of the CITY and
coordinated by the CITY. The CONTRACTOR's day to day operations shall be vested in the
CONTRACTOR's full-time System Manager, who shall serve as the CONTRACTOR'S
representative under this Agreement. ln addition, an officer or senior management
employee of CONTRACTOR shall be available to the CITY either by phone, electronic mail,
or in person, to make decisions or provide coordination under this Agreement, as
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4.
necessary.
All System vehicles shall have bicycle racks, all required interior and exterior signage,
interior and exterior regulatory signs as well as vehicle lD signs, interior 21x21 map frames
and brochure holders (similar to that of Miami Dade Transit Buses), electronic marquees
and wheelchair lifts, as applicable.
OPTIONAL EQUIPMENT. The CONTRACTOR shall equip all trolley vehicles with the
following equipment (Optional Equipment), including but not limited to: monitors, video
surveillance system with capabilities of live feed, recording audio and video and storing
recorded data for a minimum of three (3) weeks, automatic passenger counters (APC),
Automated Voice lnformation Systems (AVIS), Wi-Fi services, real time GPS tracking
services (with capabilities to provide mileage, service hours and ridership reports, and
capabilities to provide data in a format that is compatible with Miami-Dade County's mobile
application "Miami Dade Bus Tracke/'). The costs of the above equipment and related
maintenance fees are not included in the hourly rate for this Agreement. The purchase of
said Optional Equipment shall be subject to the prior written approval of the City Manager or
designee. Upon said approval, the CONTRACTOR shall invoice the CITY separately for
the purchase, installation and service related to this Optional Equipment. ln addition, the
City Manager or designee may approve, in writing, the purchase of additional Optional
Equipment for the trolley vehicles in the CITY fleet, as may be needed in the
Administration's sole discretion and subject to budgetary appropriation. The CITY shall
retain ownership of all Optional Equipment purchased for the trolley vehicles.
TROLLEY DELIVERY. Within ten (10) days after the Effective Date of this Amendment No.
4, the CONTRACTOR shall provide the City Manager, at his discretion, satisfactory proof of
the purchase of each of the new trolley vehicles, which may include, without limitation, the
invoices for each new trolley vehicle and proof of payment for each new trolley vehicle.
Additionally, and simultaneously therewith, CONTRACTOR shall provide the CITY with an
amortization schedule for each new trolley vehicle, based upon the purchase price of each
new trolley vehicle. Said amortization schedule shall be subject to the written approval by
the City Manager and shall be attached to the Agreement as Exhibit D-2, for the modified
high-floor trolley vehicles and as Exhibit D-3, for the low-floor trolley vehicles. The
amortization schedule for the high-floor trolley vehicles is attached hereto as Exhibit D-1.
Each of the amortization schedules shall contain a breakdown of the principal and interest
portions of the payments set forth therein.
GENERAL REQUIREMENTS FOR ALL PERSONNEL.
a. All personnel assigned shall be knowledgeable of the Services to be provided herein;
b. All Project personnel shall maintain a professional, courteous attitude, answering
to the best of their ability any passenger questions regarding the provision of
service. Discouftesy, rudeness, or the use of profanity will not be tolerated and
shall be grounds for immediate removal of the offending employee from
performing work on the Project.
c. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily;
d. The CONTRACTOR shall provide manuals related to personnel policies and
procedures, and maintain an employee acknowledgment file with employee signature
indicating they have read and fully understand its contents. CONTRACTOR shall
provide a copy of training program and employee handbook to the CITY upon request.
e. All personnel shall be required to attend quality/safety workshops as required by the
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5.
CITY, up to a maximum of sixteen (16) hours per year, per employee. Certification of
training shall be presented to the CITY on an annual basis.
7. VEHTCLE OPERATORS (DRTVER) REQUTREMENTS.
a. Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's
license with endorsement for passengers, HACK license, as well as any other licenses
required by applicable federal, state, and local regulations.
b. Vehicle operators shall be trained in all operational procedures relating to the System,
including thorough knowledge of the service area street network and points of
destination/interest along or in close proximity to the route.c. Drivers shall be fully trained in defensive driving and vehicle handling.
d. Drivers shall be trained in the special skills required to provide transportation to elderly
and disabled individuals.
e. Drivers shall be trained to understand and practice the high quality of service required
by the CITY, and expected of a first-class System. Drivers SHALL follow the
Ambassador Style Customer Service section incorporated herein and attached to the
Agreement as Exhibit B.f. Drivers shall assist passengers confined to wheelchairs in boarding and shall perform
the tie downs.g. Drivers shall be trained to operate all types of vehicles (including reserve vehicles
owned by the CONTRACTOR) in service, wheelchair lifts, and secureness systems, and
other equipment that they may be expected to use during service hours.
h. Drivers shall be available and on-time daily to ensure consistent and reliable service.i. No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle.j. Drivers shall be dressed and groomed appropriately. Further, all drivers shall wear a
uniform acceptable to the CITY and that takes into account the CITY emblem and
vision.
k. Drivers and/or any other employee in contact with passengers shall wear identification
tags clearly displaying their first name only while performing their duties;l. Each Driver and vehicle shall have an accurate timepiece available and in clear sight at
all times during vehicle operation.
m. Each driver SHALL have an operational two-way radio in the trolley vehicle in order to
communicate with dispatch operators, supervisors, and other trolley drivers in order to
ensure compliance with schedule and headways and avoid vehicle bunching.
n. Drivers are required to have a thorough knowledge of traffic regulations along the route
and the schedule time points.
o. Drivers shall be trained to understand and practice the high quality of customer service
required by the CITY. The CONTRACTOR should provide adequate customer service
training to its employees (drivers/customer personnel) and should demonstrate to the
CITY that drivers/customer personnel operating trolley vehicles for the CITY have
attended and successfully completed customer service trainings. Drivers SHALL
demonstrate excellent customer service, sensitivity, courtesy, professionalism, high
ethical standards, helpfulness, and safe driving habits. The Ambassador Style Customer
Service section incorporated herein and attached to the Agreement as Exhibit B SHALL
be included in the CONTRACTOR's training workshop schedule if not covered already.p. Drivers shall not transport any animal, except seeing-eye dogs and special companion
assistant dogs.q. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily, including ridership counts (unless vehicle is equipped with Automated
Passenger Counts capabilities).
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r. Drivers shall log and report all events that jeopardize the safety of passengers or
impede vehicle movement pursuant to the Accident and lncident Procedures described
herein.s. Drivers are required to adhere to and maintain the scheduled frequency of trips
(headways);
t. Drivers need to be sensitive to ridership comforts, such as the interior temperature of
their respective vehicle, cleanliness of vehicles, etc. lt is imperative that the on-board air
conditioning unit function properly at all times while the trolley is in service. An interior
ambient temperature of 75 degrees Fahrenheit is desired at all times during trolley
operation.
u. Drivers shall be prohibited from playing the radio during the hours of operation of the
trolley vehicles.v. Drivers shall announce stops if trolley vehicle is not equipped with automated stop
announcement capabilities or if equipment is malfunctioning (please refer to number 6
under STANDARD OPERATING PROCEDURES on page 16 of 30).
8. DISPATCH OPERATORS. Dispatch personnel shall be bilingual (English and Spanish) and
trained in the Ambassador Style Customer Service incorporated herein and attached to the
Agreement as Exhibit B. ln addition, dispatch personnel is expected to proactively assist
drivers to avoid bunching issues through the use of two-way radio communication and GPS;
dispatcher shall coordinate fueling, breakdowns, vehicle re-gens and other issues to avoid
interruption of service or headway increase. All dispatch operators shall be able to
communicate via two-way radio with supervisors and drivers (in the same radio frequency).
9. STAFF LEVELS AND WAGES. The CONTRACTOR shall be responsible for payment of all
employees' and/or subcontractors' wages and benefits. The CONTRACTOR's personnel
wages and work hours shall be in accordance with applicable Federal, State and local
regulations affecting such personnel.
The CONTRACTOR shall pay staff wages within the acceptable ranges of the
transportation industry for the established positions, understanding the specialty skills
required to perform an AMBASSADOR STYLE CUSTOMER SERVICE; it is highly desirable
that CONTRACTOR offers competitive salaries, benefits and incentives for drivers,
dispatchers and road supervisors who excel in their responsibilities.
10. MINIMUM PERFORMANCE STANDARDS. The CONTRACTOR shall strive to provide a
fixed-route public Transit service in the Trolley Service Areas, in a manner that will
maximize the efficiency of the service while achieving excellent customer service. The
performance measures specified herein, balanced with the AMBASSADOR Style Customer
Service criteria incorporated herein and attached to the Agreement as Exhibit B, will serve
as the benchmark standards for the periodic evaluation of the CONTRACTOR by the CITY
and for the assignment of performance penalties by the CITY as provided in Exhibit C.
The CONTRACTOR and the CITY shall meet periodically to evaluate the Services, based
upon the performance standards established by the CITY. The following minimum
performance standards are agreed to between CONTRACTOR and CITY for the term of the
Agreement:
Sanitation:
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. lnterior and exterior of vehicles must be kept in pristine condition, 100% of the
time.
Repoftinq:. All applicable reports (including, but not limited to, ridership reports, service
interruption reports and invoices) must be filed within the specified time frame,
100% of the time.
Safetv:o Drivers shall follow all applicable traffic regulations , 100% of the time.
Fines:. CONTRACTOR shall avoid penalties imposed on the CITY by local, state, and
federal agencies resulting from the CONTRACTOR's operation and maintenance
of the vehicles, 100% of the time.
Reliabilitv:. 95o/o ontime performance (no more than 5 minutes late at any stop location).
Eq u ip ment M alfu nctio n :. Repairs of any malfunctioning equipment related to vehicle or passenger safety
shall result in immediate vehicle out-of-service with notice to the CITY within two
(2) hours, 100% of the time. A Trolley spare vehicle shall be dispatched
immediately upon interruption in service to ensure on time performance. Trolley
spare vehicle shall commence service no later than one (1) hour after service
disruption. The CONTRACTOR shall not be compensated for any time elapsed
without service.. lf no parts need to be ordered, repairs shall occur within two (2) business days (48
hours), 95% of the time.. lf parts are required, orders shall be placed within 24 hours and repairs shall be
performed within 24 hours of receipt of required parts.
Customer seruice:o Respond to customer complaint within 48 hours, 95% of the time.. Drivers properly uniformed and groomed, 100% of the time.o Drivers, dispatchers and road supervisors must adhere to the AMBASSADOR
Service Style Customer Service attached as Exhibit "B" herein.
Radio Communication:. Effective radio communication through the use of two way radios between
dispatchers, drivers and supervisors, 100% of the time.
The CITY reserves the right to request the removal of any CONTRACTOR employee from
the Service Areas upon noncompliance of performance standards dictated above.
1 1. MAINTENANCE. The CONTRACTOR shall prepare and submit upon execution of this
Agreement, a written Preventive Maintenance (PM) Policy and Program Manual. Any
changes after award must be approved by the CITY in advance. The CONTRACTOR shall
provide separate PM programs for the vehicle heating and air conditioning (HVAC).
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The CONTRACTOR shall assume full responsibility for ensuring that all System vehicles
used in connection with the Project shall at all times be maintained at the highest levels and
in a manner that is consistent with good business practices and the standards for condition
and quality, commensurate with a first-class public trolley transportation system.
Notwithstanding the preceding, CONTRACTOR shall, at a minimum, ensure that all vehicles
are well maintained, safe, and fully operable in accordance with the highest standards of
care and shall provide the following:
. Vehicle maintenance and repair (including, without limitation, all preventive
maintenance, as well as emergency maintenance such as dead batteries, flat tires,
etc.); ando lnterior and exterior cleaning.
The CONTRACTOR shall immediately report and repair any damage to the interior or
exterior of vehicle(s). lf a vehicle is damaged, the CONTRACTOR shall retire that vehicle
from service as soon as practicable and a spare vehicle shall be immediately dispatched to
service the route. Exterior damage to vehicle(s) due to collisions, scratches, and graffiti
markings shall be repaired within 24 hours.
CONTRACTOR shall not permit the use of any vehicle, in a state of repair that violates any
Applicable Laws. Vehicles may only be driven and/or parked in areas designated for such
purposes and as provided for under this Agreement and pursuant to Applicable Laws.
The CITY, and/or its officers, employees, agents, and/or contractors shall not be
responsible or liable for any damage to CONTRACTOR'S vehicles. CONTRACTOR shall be
responsible for and provide reasonable security measures which may be required to protect
the vehicles. Under no circumstances shall the CITY be responsible for any stolen or
damaged goods, facilities, materials, and/or other equipment including, but not limited to,
the vehicles, nor shall CITY be responsible for any stolen or damaged personal property of
CONTRACTOR'S employees, contractors, subcontractors, agents, vendors, patrons,
guests, invitees, and/or any other third parties.
CONTRACTOR, at its sole cost and expense, shall maintain and store the vehicles and
provide lubricants, repairs, parts, and supplies required for the maintenance and operation
of all buses and service vehicles. The CONTRACTOR will be responsible for supplying all
vehicle fuel. The CONTRACTOR will be responsible for providing tires for all vehicles. lt
shall be the CONTRACTOR's responsibility to maintain the color scheme in good condition,
with painting/decaling as needed, throughout the life of the Agreement.
12. FARES/COLLECTIONS. Should the CITY opt to charge fares for the trolley service, the
equipment, installation, and maintenance needed for implementation shall be the
responsibility and at the cost of the CITY.
All fares collected shall become the property of the CITY and the CITY will sanction
procedures to control the fare box collection, auditing, etc. The CONTRACTOR shall abide
by any sanctioned procedures by the CITY.
13. ROAD SUPERVISION. The CONTRACTOR shall provide sufficient road supervision to
monitor drivers, vehicles, quality of service, and adherence to all established routes,
headways and schedules, and to respond to emergency calls as appropriate. At least one
(1) of the road supervisors shall be fully dedicated to the City of Miami Beach, and be
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accessible via phone at any time during service hours of operation. The road supervisor
shall be required to meet on a weekly basis with the City's' Transportation Operations
Supervisor at the City's discretion to provide feedback of the daily operation and discuss
potential strategies/improvements to service. The dedicated road supervisor shall have
competent communication skills.
The CONTRACTOR's supervisory personnel shall ensure established performance
measures are met at all times; including during fueling, relieves, bathroom breaks,
accidents, and all applicable.
The CONTRACTOR's training for supervisory personnel shall cover the practices for transit
operators and supervisors recommended by the American Public Transportation
Association (APTA). The CITY reserves the right to test supervisor's knowledge on common
practices at any time.
The CONTRACTOR shall be responsible for furnishing supervisors with mobile
phones/pads (monitoring tools) capable of handling the mobile application and website to
be developed for the Trolley Service Areas. All supervisors shall be able to communicate
via two-way radio with dispatchers and drivers (in the same radio frequency).
Active drivers CANNOT be road supervisors while on driving duty. lf a road supervisor has
been assigned to driving, a different road supervisor must take over the supervisory tasks.
14. ACCIDENT AND INCIDENT PROCEDURES. The CONTRACTOR shall develop,
implement, and maintain procedures to respond to all accidents, disturbances, passenger
injuries/fatalities, and any other service interruptions/failures. These shall be reported to the
CITY in accordance with the established performance measures herein.
All traffic accidents involving System vehicles, irrespective of injury, shall be immediately
reported to the CITY of Miami Beach Police Department. The CONTRACTOR will advise
such agency of the accident and request a police unit to investigate the accident.
The CONTRACTOR operating a trolley vehicle shall give the CITY's Transportation
Operations Supervisor immediate verbal and subsequent written notice of the following
events:o A fatality, where an individual is confirmed dead within thirty (30) days of a Transit
accident, excluding suicides and deaths from illnesses.
. lnjuries requiring immediate medical attention away from the scene for one or more
individuals.
. Property damage to trolley vehicles, transit system vehicles other than trolleys, other
trolley System property or facilities, or any other property. The CITY's Transportation
Operations Supervisor shall have discretion to investigate events resulting in property
damage less than $1,000.
o Evacuation of a trolley vehicle due to a life-safety event where there is imminent
danger to passengers on the trolley vehicle(s), excluding evacuations due to
operational issues.
lmmediate notice of all above-referenced events/accidents is required and such notice shall
not be delayed for more than one (1) business day. These notices, at a minimum, shall
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include the date, time, location of the occurrence and the appropriate number of persons
killed or injured. The person making the notification must provide his or her name and title,
the trolley number involved and state where he or she can be reached for further details. ln
addition, the person must supply any additional information requested. The CONTRACTOR
must ensure the physical evidence of the accident scene is properly documented prior to
the scene being cleared. lmmediate notice of the above occurrences shall be reported by
telephone. lmmediate notice of all said accidents is required, but in no instance shall the
notice be delayed for more than two (2) hours.
A written notice shall be submitted to the CITY, unless othenrvise specified by the CITY,
within one (1) business day (24 hours) of the occurrence for all fatal accidents and all injury
accidents which result in injuries to one (1) or more passengers, on the form entitled
"Trolley Operator Accident Report" which is set forth in the System Safety and Security
Program Plan.
The CONTRACTOR shall assist the CITY in documenting accidents and incidents. Report
shall meet all applicable FDOT and F.A.C. Chapter 14-90 reporting requirements.
15. EMERGENCIES - NATURAL DISASTERS. ln the event of an emergency or natural
disaster, the CITY may require the CONTRACTOR to make available, to the maximum
extent possible, transportation and communications services and facilities to assist the CITY
in ameliorating such incidents. Any such use of the trolley vehicles for emergency response
purposes must be pre-approved by the Office of Transportation of the CITY, and said
approval must be secured in writing. To the extent the CITY requires the CONTRACTOR to
provide such emergency services, the CONTRACTOR shall be relieved of the obligation to
fulfill the duties and responsibilities of operating the current or any future trolley operations
which may be established herein. Further, the CONTRACTOR shall be entitled to be paid
reasonable compensation for providing such emergency services and facilities, provided
however, that the amount of such compensation and time of its payment shall be mutually
agreed upon by the CONTRACTOR and the CITY prior to the conclusion of the emergency
or disaster, or at such other time as they may mutually agree upon.
16. VEHICLE FACILITIES. Prior to signing an Agreement with the CONTRACTOR, the CITY
reserves the right to inspect the CONTRACTOR's maintenance facility. The facility shall
have features, including but not limited to:
a. A dispatch room and supervisor station;
b. Facility for maintenance of the vehicles;
c. Storage for the CONTRACTOR's vehicle maintenance equipment (including
cleaning supplies and spare parts);
d. Security for the Trolley vehicles.
17. EQUIPMENT. CONTRACTOR's vehicles shall meet all specifications set forth in Table 1
and composite Figure 2a,2b,3a, and 3b attached hereto, for the high-floor trolley vehicles;
all specifications set forth in composite Table 2, attached hereto, for the fourteen (14) new
modified high-floor trolley vehicles; and all specifications set forth in composite Table 3
hereto, for the low-floor trolley vehicles. Transit vehicles must meet the requirements of
Florida Administrative Code 14-90 (i.e. passenger door mirror height, etc.). The System
fleet must meet all local, state and federal requirements as applicable to public Transit
vehicles.
Vehicles shall be furnished with Advertisement space in the interior, for use exclusively by
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the CITY, in addition to space for route specific information (Map Frame and Brochure
Area).
The CITY shall inspect and approve vehicles and equipment prior to the CONTRACTOR
beginning service (CITY's acceptance).
All vehicles shall be equipped with video surveillance system with capabilities of live feed,
recording audio and video and storing recorded data for a minimum of three (3) weeks. The
CONTRACTOR shall train all road supervisors, and develop procedures on how to retrieve
data from the surveillance equipment in the vehicles and on how to upload the videos to
their office computers. Should an event occur, where surveillance data is required, the
CONTRACTOR shall provide the video output to the Transportation Operations Supervisor
of the CITY via email within 24 hours.
Vehicles will be delivered with special paint or decaling scheme for the Trolley Service
Areas (as designed by the CITY). The cost of such painting/decaling shall be borne by the
CONTRACTOR.
18. CLEANING. CONTRACTOR shall provide all labor and materials necessary to keep the
vehicles clean at all times. CONTRACTOR shall wash the exteriors and mop floors of the
vehicles, including support vehicles, twice weekly, and shall clean the interiors of the
vehicles daily by picking up all litter, sweeping the floor, and cleaning the windows if
required. CONTRACTOR shall clean all interior items including seats, handrails, and
windows weekly as to maintain a clean vehicle. CONTRACTOR shall perform a detailed
interior clean at least twice a month. During this clean, CONTRACTOR shall remove as
many gums and stains as possible from the interior of vehicle. The CONTRACTOR shall
provide a monthly schedule of the cleanings of the vehicles on the 1't of every month. The
CITY reserves the right to request, in writing, the replacement of any vehicle, which in the
Transportation Operation Supervisor's reasonable discretion, is in poor interior or exterior
aesthetic condition. CONTRACTOR shall complete a requested replacement within two (2)
hours.
ALL operating vehicles shall be scented with products approved by the CITY (at least twice
a week). The interior passenger compartment shall be free of roaches and other insects or
vermin as well as noxious odors from cleaning products. CONTRACTOR shall remove all
graffiti from the exterior and interior of the vehicles immediately or as soon as it is practical,
but no later than the start of the next day's service. lf the graffiti is offensive or vulgar and
cannot be removed, that vehicle shall be taken out of service immediately and not be placed
back in service until the offensive graffiti is removed.
19. OPERATING RESPONSIBILITIES AND PROCEDURES.
A. STANDARD OPERATING PROCEDURES. The CONTRACTOR shall provide
written procedures for operation of the Service ("Standard Operating
Procedures"). Any changes after award of Agreement must be approved by the CITY
in advance. These Standard Operating Procedures shall include, but not be limited
to, the following:
1. Procedures for notifying CITY of service delays and interruptions;
2. A list of names and phone numbers of contact persons who can make
operating decisions and can be reached immediately;
3. Accident review procedures and Operator corrective processes;
Page 16 of31
Page 1 76 of 356
4. Radio check-in and coordination procedures for maintaining vehicle
headways, including procedures for GPS/Automated Vehicle Location
reporting;
5. Description of Operator training (including hospitality and courtesy
("Am bassadod') training)
6. Procedures for operating vehicles and providing service, including
procedures to insure that stop announcements are made by bus operators;
7. Procedures for daily servicing;
8. Procedures for dispatching vehicles to achieve balanced accumulation of
mileage for each vehicle in the fleet and accomplish required Service and
maintenance;
9. Contingency plan for emergencies such as accident, fire, mechanical failure,
inclement weather, and criminal activity;
10. Procedures for the handling of public and internal comments and complaints,
and;
1 1. Operator safety, recognition and rewards program, and disciplinary
procedures for the Operator misconduct. Special attention should be paid to
an incentive program for front line employees who provide excellent
customer service.
'12. Customer service guidelines, employee standards of conduct.
13. Supervision, with sufficient supervisory level personnelto respond to service
problems, monitor performance schedules and procedures, and enable
operators to communicate with the base office, during all Hours of Operation.
14. Drug and Alcohol Testing program pursuant to Section 440.102, Florida
Statutes. A description of this program shall be submitted upon execution of
this Agreement.
B. ADDITIONAL OPERATING PROCEDURES. The CONTRACTOR will observe all
safety rules and other requirements of regulatory bodies having jurisdiction over the
Service Area and operate the vehicles with the highest regard for all aspects of
safety.
1. The CONTRACTOR will not use or allow the Vehicles to be used for any
illegal purpose.
2. The vehicles shall not be used for towing, pushing or any purpose other than
the transportation of passengers.
3. The CONTRACTOR shall not overload the vehicles beyond their specified
carrying capacity nor operate a vehicle in an unsafe manner.
4. No other use may be made of the vehicles dedicated to the CITY except as
specifically authorized in writing by the CITY.
5. All Vehicles shall operate with headlights and taillights turned on while in
service.
6. CITY will designate specific bus stops along the routes described
herein. Passengers shall be picked up and discharged only at these
designated bus stops. Four-way flashers shall be used whenever the vehicle
is stopped to load or unload passengers.
7. Service shall be provided to all orderly persons who pay the proper fare (if
applicable) and comply with passenger conduct rules and regulations
established by the CITY. The CONTRACTOR shall not discriminate against
Page 17 of31
Page 1 77 of 356
any passenger or prospective passenger because of race, color, religion or
country of origin, age, gender, sexual preference or disability.
8. Mobility impaired passengers shall be assisted, as necessary, from the
curbside to a secured position on the vehicle while boarding, or in reverse
while alighting the vehicle. An Operator shall not provide assistance to a
mobility-impaired passenger beyond the curbside. No assistance shall be
required of an Operator, other than as specified above, if it necessitates
leaving the driving position.
20. INITIAL VEHICLE INSPECTION. The CITY reserves the right to inspect any vehicle to be
used as part of the proposed transit service. Should a vehicle be found to fail to comply with
the specifications included herein, the CONTRACTOR shall be responsible for performing
modifications to the vehicle until acceptable, and within (5) business days after notified in
writing by the CITY.
21. FINES OR OTHER CHARGES. lf the fines or other charges for which the CONTRACTOR
is responsible are levied, assessed, charged or imposed against the CITY, the CITY will
notify the CONTRACTOR in writing of this fact. The CITY may pay any fine or their charge,
whether levied, assessed, charged, or imposed against the CITY for the CONTRACTOR. ln
the event payment is made by the CITY, the CONTRACTOR will reimburse the CITY within
seven (7) calendar days after receipt of an invoice. Failure to make such reimbursement
when due may, at the option of the CITY, be deemed a default under the Agreement or be
recouped from any payments due to the CONTRACTOR.
The CONTRACTOR shall be liable for any penalties imposed on the CITY by local, state,
and federal agencies due to the CONTRACTOR's failure to obtain the proper vehicle
licenses or maintain vehicles in accordance with local, state, and federal regulations. ln
addition, the CONTRACTOR shall be responsible for fees listed in Exhibit C "Performance
Penalties" as applicable. Services shall be managed by the CONTRACTOR in accordance
with the guidelines and parameters established herein and the attachments hereto.
22. REPAIRS
A. GENERAL REPAIRS. CONTRACTOR shall provide as required all general repairs to
vehicles provided by this Agreement. This includes replacement of items that are or
appear to be worn out (such as seat covers).
B. MECHANICAL AND BODY REPAIRS. Within two (2) days (unless parts have to be
ordered) of learning of damage or the need for any repairs, the CONTRACTOR will
complete or cause to have completed all mechanical repairs found necessary to
maintain the function of all components and features of the vehicles unless othenrise
directed in writing by the CITY.
1. Body and frame repairs, inclusive of necessary painting, will be inspected and
certified in writing as completed by the garage performing the work prior to
returning the vehicle to service.
2. Minor body damage repairs shall be repaired as soon as possible, but not to
exceed two (2) weeks, subject to the availability of OEM parts when needed.
3. Major body damage shall be repaired before returning the vehicle to service, not to
exceed five (5) weeks out of service, subject to the availability of OEM parts when
needed.
4. Repairs to non-working items that relate to safety shall be completed prior to
returning the vehicle to service. Failure of safety related items on a vehicle while
Page 18 of31
Page 1 78 of 356
performing service shall require immediate removal of the vehicle from service for
repair. These items shall include legally required lights, working brakes, tire tread
depth or condition or any other mechanical condition that may have an effect on
continued safe operation of a vehicle.
5. The CONTRACTOR shall be responsible for providing any towing services
necessary to complete repairs required. Such services shall be done in a safe
manner that will not cause damage to the vehicle, its structure or components.
23. VEHICLE RECORDS. The CONTRACTOR shall provide Monthly Summary Reports to the
Transportation Operations Supervisor of the CITY in conjunction with submittal of its
monthly invoices for payment. The format to be used for operating reports and monthly
summaries shall be developed by the CONTRACTOR and approved by the Transportation
Operations Supervisor of the CITY. Said monthly reports shall be submitted no later than
the 15th calendar day of the following month, as part of CONTRACTOR'S invoices for
payment. Monthly report figures shall coincide with daily trip sheet totals for the month and
shall be broken down on a weekly basis (from Sunday to Saturday). The CONTRACTOR
shall certify as accurate all information given to the CITY.
24. DAILY RECORDS/REPORTS.
a) Telephone Report: The CITY shall be notified via phone any change of vehicle and/or
driver, special runs, interruption of service due to inclement weather, out-of-service
vehicles, emergencies and accidents. Road supervisors, dispatchers and general
managers shall provide immediate notice to the Transportation Operations
Supervisor of the CITY after any of the above mentioned events.
b) Upon notifying the CITY of an interruption in service due to any of the above
mentioned events, the CONTRACTOR's manager or road supervisor shall notify the
CITY in writing, in a format approved by the CITY. CONTRACTOR shall report time
and date vehicle went in/out of service.
c) Daily driver logs will be used by each shift of operators, a copy of which is to be
submitted to the CITY on a weekly basis. The log is the source document for use in
determining the total miles, number of passengers (manually counted) and passenger
categories. Missed miles and missed trips will be determined from the log by
comparing actual daily miles entered into the log against predetermined daily total
miles for each vehicle.
d) Daily dispatcher logs shall include, but not be limited to, the following information.
number of incoming calls, type of information requested (restaurants, shops,
entertainment, fares, schedule, stop locations, etc.).
e) Fare box revenue (if applicable) shall be recorded daily and a copy submitted to the
CITY with the Monthly Summary Report.
25. MONTHLY SUMMARY REPORTS. The CONTRACTOR shall prepare and submit to the
Transportation Operations Supervisor of the CITY a monthly summary report within fifteen
(15) calendar days after the end of the operating month, which shall be submitted along with
CONTRACTOR'S invoices for payment (as one of the required documents thereto). Monthly
Summary Reports shall include, but not be limited to:
a) Vehicle Total service hours and Miles: Monthly report figures shall coincide with daily
trip sheet totals for the month, by Route.
b) Total Ridership: Monthly totals of the number of passengers carried, by Route.
c) Total Passenger Revenue Summary (if applicable): Amount of fares/coupons
collected, by Route.
Page 19 of3l
Page 1 79 of 356
d) Service Break Summary: vehicle out-of-service, operational problems, breakdowns,
missed trips and delays over fifteen (15) minutes.
e) Complaints and Compliments: passenger complaints and compliments collected by
the CITY and description of any action taken regarding complaints. Passenger
complaints related to safety or serious operational deficiencies shall be reported to
the CONTRACTOR by the CITY no later than the next workday following the CITY's
receipt of complaint.
f) Vehicle Condition Summary: mileage (month, year to date, total), fuel and oil
consumption (miles per unit), accidents, preventive maintenance and inspection
program (actual vs. program), summary of major component rebuilding/repairs made,
by vehicle.
g) Equipment Status Summary. allother CITY-owned equipment.
h) General Summary: all other issues, evaluations, suggestions for improvements.
i) Pass and Ticket Sales Report (if applicable): number of tickets and passes sold by
each vendor over the last month.j) Reports for the Trolley Circulator Service shall be detailed by day and tabulated for
the month.
k) The Summary Report shall also include a recap of the service, summary statistics for
current month, year-to-date, same month last year (when applicable) and percent
change from last year for total system (if applicable). Spreadsheet type graph(s) of
trends in ridership, passengers per vehicle hour, and service quality measures shall
be developed. lt shall also include problems with service/personnel/accidents, and
solutions proposed for the problems.
26. YEARLY SUMMARY REPORTS. Yearly Summary Report for Trolley Circulator Service
shall include, but not be limited to, miles, hours, passengers and costs itemized by month
for each service, including fare box collections (if applicable).
27. SUBMISSION OF INVOICES. lnvoices and supporting documents for Services (or portions
thereof) satisfactorily rendered for the previous month, shall be submitted by the 'lSth day of
each month to the Transportation Department (Attention. Transportation Operations
Supervisor), 1700 Convention Center Drive, Miami Beach, FL 33139. Upon verification of
the accuracy and completeness of the invoice and supporting documentation by the
Transportation Operations Supervisor, the invoice shall be fonrarded for payment approval
to the CITY.
a) ltemized monthlv invoice. The CONTRACTOR shall submit, with the Monthly
Summary Report, an itemized monthly invoice to the CITY for the Services, or
portions thereof, rendered during the reporting period. Both the monthly invoice and
the summary report shall be received by the 15h day of the subsequent month. The
itemized invoice shallfollow a format approved by the CITY.
b) Net amount due. The charge for trolley service minus the time scheduled vehicles
were out of service shall be submitted as the amount due the CONTRACTOR. The
CITY imposed Performance Penalties, if any, shall be deducted from this amount.
c) Debits and credits. The itemized invoice shall be supported by documents (in excel
and pdf format as approved by the CITY previous to launch date) the documents
shall include corresponding service hours, ridership, service miles, vehicle lDs as
may be required by the CITY to establish that the amounts are allowable. Debits and
credits shall be itemized so that the total required has an understandable base.
Debits would include actual working days total per vehicle by hours, costs for extra
runs beyond normal schedules (specify use, dates, and hours), and/or costs for extra
Page 20 of3l
Page 1 80 of 356
operating hours caused by daylight savings time adjustments. Credits should be
shown for out of service hours per vehicle.
d) Open records. All invoices and related records will be available for inspection and/or
independent audit at the election of the CITY.
e) An excel version of the invoice, in addition to a signed hard copy, shall be provided to
the CITY for data management purposes.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 21 of3l
Page 181 of 356
TABLE 1
Page 22 of 3l
Page 1 82 of 356
iem Specifications
Vake Hometown Trolley or Supreme Corporation Startrans or approved equal at
the City's sole discretlon
Vehicle Type (25-29 Feet) Rubber Tire Trolley (Villager TrolleyiClassic American) or
approved equal at the Citv's sole discretion
Number of vehicles required Minimum requirement of four (4) vehicles in service with one ('l) spare
3apacity minimum 20 passenqers
Power/fueltvpe Diesel or Aiternative Fuel
\ccessibility Must meet requirements set forth by the Americans with Disabllities Act
(A.D.A.).
Reliability Standards Any vehicle provided by this contract must not be older than 201 4 models
Vehicle Amenities (applies to all vehicles
including spares)
Properly functioning air conditioning, driver seatbelts, bicycle racks,cow
catcher, in-step lift (LU12 or equal), Recaro driver seat, safety equipment,
21 x21 map frame and hold{our brochure holder, modesty panel, pull cords,
interior signage (i.e. no eating ordrinking, Trolley lD), exterior digltal
destination signs (marquees) and leather straps.
OPTIONAL: Low Floor vehicle (See BID Tender Form)
Radio Cornmunication and Equipment
(applies to all vehicles including spares)
Fixed two-way radios for driver communications and surveillance video
cameras with audio capabilities
Advertisin g on Vehicles
The City will be responsible to selland install advertising on the interior and
exterior of the vehicles at its sole discretion. The cost for production will be
borne by the City and all revenues for advertising will be retained by the City.
Vehicles must come furnished with roof Ad space (framing) tilted in such
position that is easily viewed by the passengers.
Daily 3:00AM to 12:00 AM, Monday through Sunday(16 hours aday)
Yearlv 11680 hours (16 hours aday/365 davsayear)
Frequency of trips '10 minutes headways
Duration of trips Approx. 30 minutes per round trip per vehicle
Number of Routes 1 (North Beach Trolley Route), additional optional routes at the City's sole
Jiscretion
Fares Free
Table 1- Equipment and Service Specifications
Page 1 83 of 356
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TABLE 2
Page 23 of3l
Page 'l88 of 356
Item Specifications
Reouired Eouioment
Make Supreme Corporation Modified Kneeling or approved equal
at the Citv's sole discretion
Vehicle Type (25-29 Feet) Ru bber Tire Trolley (Villager Trolley/Classic
American) or aooroved eoual atthe CMs sole discretion
Number of vehicles required Fourteen (14)
Capacity Minimum 20 oassenoers
Power/fueltvpe Diesel
Accessibility Must meet requirements set forth by the Americans with
Disabilities Act (ADA)
Reliability Standards Any vehicle provided by this contract must not be older than
2016 models
Vehicle Amenities (applies to all
vehicles including spares)
Properly functioning air conditioning, driver seatbelts, co-
pilot seat, bicycle racks, cow catcher, rear lift, Recaro driver
seat, safety equipment, 21x21map frame and hold-four
brochure holder, modesty panel, pull cords, interior signage
(i.e. no eating or drinking, trolley lD and marquee), exterior
digitaldestination signs (marquees) on front, sides and rear
of vehicles and leather straps. Low steps (8" or less in
height). Kneeling suspension. Floor plan to be approved at
the City's sole discretion.
Radio Communication and Equipment
(applies to all vehicles including
spares)
Fixed two-way radios for driver/dispatch
communications and video surveillance system with
capabilities of live feed, recording audio and video
and storing recorded data for a minimum of three (3)
weeks
Advertising on Vehicles
The City will be responsible to sell and install advertising on
the interior and exterior of the vehicles at its sole discretion.
The cost for production will be borne by the City and all
revenues for advertising will be retained by the City. Vehicles
must come fumished with roof Ad space (framing) tilted in
such position that is easily viewed by the passengers.
Hours of Operation, Frequency, Routes, Fare
Daily 6:00 AM to 12:00 AM, Monday through Saturday (18 hours
a dav) and 8:00 AM to 12:00 AM on Sundav (16 hours)
Yearlv 6466 hours/trollev/vear
Freouencv ot tnDS 10-15 minutes headwavs
Duration of trips Depending on route
Number of Routes
One (1) North Beach Loop, one (1) Collins Link, one
(1) Middle Beach Loop, one (1) South Beach Loop.
Additional routes at the Citv's sole discretion.
Fares Free
Table 2. Equipment and Services Specifications New High-Floor/Kneeling Vehicles
Page '189 of 356
Somple Vehicle
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Page 1 90 of 356
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CONRGURAIION u/ TOP OF
FMME NOTCHED OI.'I 2.00.4 SIEP DESIGN. HEGHT OF
5IEPS AA'USIEO FOR BMER
GROUNO TO ERST SIEP.
PRELInllIl'lARY
NON-PRODUCTION PRINT
FOR R&D USE ONLY
o8128t15
Page 192 of 356
TABLE 3
Page 24 of31
Page '193 of 356
Table 3. Equipment and Service Specifications Low-Floor Trolley Vehicles
Item Specifications
Required Equipment
Make Hometown Trolley or Supreme Corporation or approved
equal at the Citv's sole discretion
Vehicle Type Qe32 Feet) Low-floor Rubber Tire Trolley (Streetcar Trolley or
aoproved equal atthe CMs sole discretion)
Number of vehicles required Twelve (12)
Capacity Minimum 20 oassenoers
Power/fueltvpe Dieselfuel
Accessibility Must meet requirements set forth by the Americans
with Disabilities Act (ADA)
Reliability Standards Any vehicle provided by this contract must not be older
than 2016 models
Vehicle Amenlties (applies to all vehicles
including spares)
Properly functioning air conditioning, driver seatbelts,
bicycle racks, cow catcher, Recaro driver seat, safety
equipment, 21x21map frame and brochure holder,
modesty panel, vault for drivers personal belongings
storage, pull cords, interior signage (i.e. no eating or
drinking, trolley lD and marquee) on front, sides and rear
of vehicles, exterior digital destination signs (marquees)
and leather straps. Floor plan layout to be approved at the
Citv's sole discretion.
Radio Communication and Equipment
(applies to all vehicles including spares)
Fixed two-way radios for driver/ communications
and video surveillance system with capabilities of
live feed, recording audio and video and storing
recorded data for a minimum of three (3) weeks
Advertising on Vehicles
The City will be responsible to sell and install advertising on
the interior and exterior of the vehicles at its sole discretion.
The cost for production will be borne by the City and all
revenues for advertising will be retained by the City.
Vehicles must come furnished with roof Ad space (framing)
tilted in such position that is easily viewed by the
passengers.
Hours of Operation, Frequency, Routes, Fare
Daily
6:00 AM to 12:00 AM, Monday through Saturday (18
hours a day) and 8:00 AM to 12:00 AM on Sunday (16
hours)
Yearlv 6466 hours/vehicle/vear
Frequency of trips 10-15 minutes headwavs
Duration of trios Deoendino on route
Number of Routes
One (1) North Beach Loop, one (1) Collins Link, one
(1) Middle Beach Loop, one (1) South Beach Loop.
Additional routes at the Citv's sole discretion.
FATES Free
Page 1 94 of 356
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Page 26 of3l
Page 200 of 356
Page 201 of356
EXHIBIT C
PERFORMANCE PENALTIES
CONTRACTOR acknowledges that time is of the essence with respect to CONTRACTOR's
timely and continuous performance of the Services, and that upon failure of CONTRACTOR at
any time during the Term to perform the Services within any time periods specified under this
Agreement (including, without limitation, failing to timely and continuously comply with the
required schedules and hours of operation for the Project), CONTRACTOR shall pay to the
CITY the sums specifically set forth herein. Performance Penalties are hereby fixed and agreed
upon between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by the CITY as a consequence of the CONTRACTOR's failure
to meet the minimum performance standards set forth in Exhibit A and the resulting
deterioration in service, and both parties desiring to obviate any question of dispute concerning
the amounts of said damages. The CITY shall have the right to deduct from and retain out of
moneys which may be then due (or which may become due and payable), to CONTRACTOR,
the amount of such Performance Penalties, and the CONTRACTOR shall pay in full such
Performance Penalties.
The CONTRACTOR shall take all reasonable actions requested by the CITY to promptly correct
any deficiencies in performance. Upon determination by the CITY of a failure to meet an
established performance measure, a written notification will be delivered to the
CONTRACTOR's home office, with a copy to its local Project Manager. Performance Penalties
will not be applied without the CONTRACTOR receiving a written notice specifying the issue
and detailing the time and nature of the occurrence.
ln the event that the CONTRACTOR fails to meet any performance standard established under
this Agreement, adjustments in the CITY payment to the CONTRACTOR will be made as
described below. The cumulative amount paid bv the CONTRACTOR for performance
penalties shall not exceed $650 per dav upon commencement of Middle Beach Loop
(based on a cumulativetotal of ten vehicles in operation perdav): $1.000 perdav upon
commencement of Collins Link (based on a cumulative total of fifteen vehicles in
operation per dav) and $1.500 per dav (based on a cumulative total of twentv five
vehicles in operation per dav (all loops in operation)).
1. Uniforms:. $50 per Recorded Event (First Event). $100 per Recorded Event (Any Event Thereafter within a one month period)o Drivers shall be properly uniformed and groomed, 100% of the time. Driver shall wear
the CITY approved uniform at alltimes.
2. Seruice lnterruption Reporting Requirements (failure to submit clear and accurate
written reports within 24 hours after a seruice interruption occurs):. $250 per recorded omission (Any case in excess of one report omission per month)
3. Monthly Reporting Requirements [failure to submit clear and accurate monthly
reports (lncluding but not limited to Ridership Reports, Seruice Miles Reports and
Service Hours Reportsl :. $250 per recorded omission (Any case in excess of one event per year)
Page27 of3l
Page 202 of 356
4. GraffitilTagging:. $100 per recorded Event (Any case in excess of twenty-four hours of reported issues
being unresolved)
5. GPS Malfunction or Omission:. $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
6. Wi-Fi Malfunction or omission:. $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
7. Two-Way Radio Malfunction or omission:. $250 per recorded event (Any case in excess of one driver shift (AM or PM) without
radio communication between drivers per month)
8. Surueillance Cameras Malfunction :. $100 per recorded event (Any case in excess of one day without video surveillance or
one failure to provide video feedback within 24 hours of request per month, unless due
to a major natural disaster/emergency)
9. Sanitation:. $100 per recorded Event (Any case in excess of one event per month)
10. Safety:. $100 per recorded Event (Any case in excess of one traffic citation). CONTRACTOR shall report all traffic citation incidents within three (3) days of citation
date. Failure to report citations to the CITY shall result in doubling the penalty amount to
$200 for each citation that is not reported on a timely basis.
11. Reliability:. 95o/o on-time performance (no more than 5 minutes late at any stop location).. Fee will be $100 per event (in excess of the above). Specific procedures to collect
supporting data will be set during contract start-up.
Page 28 of3l
Page 203 of 356
EXHIBIT D.l
AMORTIZATION SCHEDULE FOR HIGH.FLOOR TROLLEY VEHICLES
Page 29 of3l
Page 204 of 356
D - 1 Amortization Scheduh- North Beach Trolley
Total Cost ofvehicles - 58!12,007.28
Arnortlzation Period - S Years
Amorlzatlon I Costs
1 14,866.79
2 L4,466.79
3 L4,866.79
4 L4,866.79
5 14856.79
5 14856.79
7 14,866.79
8 14866.79
9 14866.79
10 14,866.79
11 t4,866.79
t2 L4,866.79
13 t4,866.79
t4 t4,466.79
15 L4,866.79
16 t4,866.79
t7 L4,866.79
18 L4,866.79
19 14,866.79
20 L4,866.79
27 14,866.79
22 14866.79
23 14,866.79
24 14855.79
2s 14866.79
26 14866.79
27 L4,866.79
28 14,866,79
29 L4,866.79
30 14,866.79
31 14,866.79
32 14866.79
33 t4,866.79
34 L4,866.79
35 14,866.79
35 14855.79
37 L4,866.79
38 14,866.79
39 14,865.79
40 14,855.79
4t t4,866.79
42 t4,866.79
43 L4,866.79
44 L4,865.79
45 L4,865.79
46 L4,866.79
47 L4,866.79
48 t4,856.79
49 14,866.79
50 14866.79
51 14,866.79
52 14,866.79
53 14,866.79
s4 14,866.79
55 74,866.79
55 t4,866.79
57 14,866.79
58 t4,466.79
59 L4,466.79
50 t4,466.79
agz,ool.za
877,L40.49
862,273.70
u7,46.92
832,s/rc.13
8t7,673.34
802,805.55
787,939.76
773,O72.98
758,206.L9
743,339.40
728,472.6t
713,605.82
69&739.04
543,872.25
559,005.46
654,L38.67
639,271.88
624,405.10
609,538.31
594,67L.52
579,80/..73
5il,937.94
550 071.16
535,204.37
520,337.58
so9,470.79
490,604.00
475,7!7.22
450,870.43
44O003.64
431,136.85
4t6,270.06
40L,@3.28
386,536.49
37L,669.70
356,802.91
341,936.12
327,069.34
3t2,202.5s
297,335.75
282,468.97
267,@2.18
252,735.40
237,86A.5L
223,@t.82
208,135.03
t93,264.24
L78,4ot.46
163,534.67
1rl8,567.88
133,801.09
118,934.30
1@.,ffi7.52
89,200.73
74,333.94
59,467.t5
44,500.36
29,733.58
L4,866.79
0.00
Page 205 of 356
EXHIBIT D.2
AMORTIZATION SCH EDU LE FOR HIG H.FLOOR MODIFI ED/KNEELI NG
TROLLEYVEHICLES
Page 30 of31
Page 206 of 356
D - 2 Amortization Schedule - Middle Beach Trolleys
5t87 ,147.24 Price per Vehicle (S175,554 plus Sales Tax of Sto,ssa.zal
Financing Terms - 5 Year Note - 4%Fixed lnterest Rate - 7 Year Amort.
L (s2,558.0S)
2 (s2,558.08)
3 (s2,s58.08)
4 (s2,558.08)
5 (s2,558.0S)
5 (s2,558.08)
7 (s2,558.08)
8 (s2,558.08)
9 (s2,s58.08)
10 (s2,558.08)
11 (s2,558.08)
12 (s2,ss8.08)
13 (s2,558.08)
74 (s2,558.08)
15 (s2,558.08)
16 (s2,558.08)
L7 (s2,558.08)
18 (s2,558.08)
19 (s2,553.08)
20 (s2,558.08)
2L (s2,558.08)
22 (s2,558.08)
23 (s2,558.0S)
24 (s2,558.08)
2s (s2,558.08)
26 (s2,558.08)
27 (s2,558.08)
28 (s2,558.08)
29 (s2,558.08)
30 (s2,558.08)
31 (s2,558.08)
32 (s2,558.08)
33 (s2,s58.08)
34 ($2,558.08)
35 (s2,558.08)
35 (s2,558.08)
37 (s2,558.08)
38 (s2,558.08)
39 (s2,558.08)
Page 207 of 356
(L,934.26)
(1,940.70)
(t,947.171
(1,953.56)
(1,960.17)
(7,965.7ll
(t,973.261
(7,979.84l
(1,986.44)
(1,993.06)
1L,999.7L)
(2,005.37)
(2,013.06)
(2,0L9.77)
(2,025.50)
(2,033.26)
(2,040.04)
{2,046.84)
(2,053.66)
(2,060.50)
(2,067.37),
(2,074.251
(2,081.18)
(2,088.11)
(2,095.07)
(2,102.06)
(2,109.O7)
(2,115.10)
(2,123.75)
(2,730.231
(2,737.33l,
(2,L44.45)
(2,151.60)
(2,L58.77l,
(2,L55.97l,
(2,L73.19)
(2,180.43)
(2,t87.7O],
(2,L94.99)
187,t47.24
!85,212.98
783,272.28
181,325.L1.
779,377.45
L77,4LL.27
t75,444.56
173,47L.30
17L,49L.46
169,505.02
767,5L1.96
1,65,5L2.25
163,505.88
161,492.82
!59,473.05
L57,446.54
L55,413.29
153,373.25
!51,325.42
1,49,272.76
1,47,2L2.26
145,t44.88
L43,070.62
140,989.44
138,901.33
135,806.25
134,704.20
132,595.13
L30,479.O3
128,355.88
L26,225.56
L24,O88.33
12L,943.88
3.19,792.28
1L7,633.51
1L5,467.54
1L3,294.35
tL'J.,1!3.92
108,926.22
106,731..23
623.82
617.38
610.91
604.42
597.90
59t.37
584.82
578.24
571..54
565.02
558.37
551..7L
545.02
538.31
531.58
524.82
518.04
571.24
504.42
497.58
490.71
483.82
476.90
469.96
463.00
456.02
449.OL
441..98
434.93
427.85
420.75
473.63
406.48
399.31
392.L7
384.89
377.65
370.38
363.09
Payment
Number
Monthly
Pavment
lnterest
Pavment
Principal
Pavment
Principal
Balance
40 (s2,558.08)
47 (s2,558.08)
42 (s2,558.08)
43 (s2,558.08)
44 (sZ,SSa.Oa1
45 (s2,558.08)
46 (s2,558.08)
47 (s2,558.08)
48 (S2,558.08)
49 (s2,558.08)
50 (s2,558.08)
51 (s2,558.08)
52 (S2,558.08)
53 (s2,558.08)
54 (s2,558.08)
55 (52,55s.08)
56 (s2,558.08)
s7 (S2,s58.08)
58 (s2,558.08)
59 (5Z,SSa.Oa1
60 (6L,466.77l
355.77 (2,202.371
348.43 (2,209.65l.
341.06 (2,217.02l.
333.67 (2,224.4t1
326.26 (2,231.821
318.82 (2,239.261
311.36 (2,246.721
303.87 12,254.21)
296.35 12,261.73)
288.81 (2,269.271
28t.25 (2,276.83)
273.66 (2,284.42)
266.05 (2,292.031
258.4t (2,299.671
250.74 (2,307.341
243.O5 (2,315.03)
235.33 (2,322.75)
227.59 (2,330.49)
279.82 (2,338.251
272.03 (2,346.05)
204.2L (61,26L.971
!o4,528.92
702,3t9.27
LOo,L02.26
97,877.85
95,646.03
93,406.77
91,160.05
88,905.84
86,644.7t
84,374.84
82,098.01
79,813.59
77,521,.56
75,22L.89
72,914.55
70,599.52
68,276.77
65,945.28
63,508.02
61,261.97
Page 208 of 356
EXHIBIT D.3
AMORTTZATION SCHEDULE FOR NEW LOW.FLOOR TROLLEY VEHICLES
Page 31 of31
Page 209 of 356
D-3 Low-Floor Vehicle
Amortization Schedule
$324950.16 Price per Vehicle {5306,556.75 plus Sales Tax of $18,393.41}
Financing Terms - 5 Year Note - 4.?;5% Fixed lnterest Rate - 7 Year Amort.
1 {S4,s15.86}2 (s4,516.86)
3 {54,s16.85}4 ts4,s15.85)s {s4,s16.86}6 ($4.s16.86)
7 (s4,s16.86)
I {$4,516.86)9 {s4,s16.86)
10 ($4,s16.86)
11 (s4,516.86)
t2 (s4,516.86)
13 (54,516.86)
L4 (s4,s16.85)
15 {s4,516.86)t6 {54,516.86)L7 (s4,s16.86)
18 (s4,516.86)
19 is4,516.85)20 ts4,516.86)21 (s4,516.86)
22 (s4,516.86)
73 (s4,s16.86)
24 ($4,516.86)
25 {$4,516.85)26 (s4,516-86)
27 (s4,516.86)
28 (54,516.86)
29 (s4,s16.86)
30 {s4,s16.86)
31 ($4,s16.86)
32 (54,516.86)
33 (s4,516.86)
34 (s4,s16.86)
35 (s4,516.86)
36 (s4,s16.86)
37 (s4,s16.86)
38 {s4,516.86)39 {s4,516.86}4A ts4,s16.86)
(3,355.99)
(3,377,92)
(3,389.88)
(3,401.88)
(3,413.93)
(3,425.02)
(3,438.16)
(3,4s0.33)
{3,462.55}
(3,474.82)
(3,487.12)
{3,499.48}
(3,511.87)
(3,524.31)
(3,536.79)
(3,549.31)
(3,561.89)
(3,574.50)
(3,587.16)
(3,599.86)
(3,612.61)
(3,625.4L1
(3,638.25)
(3,651.13)
(3,654.07)
13,677.M|
(3,590.07)
(3,703.13)
{3,715.25)
|'3,729-471
(3,742.621
(3,755.87)
(3,759-18)
(3,782.53)
(3,795.92)
(3,809.37)
(3,822.86)
(3,836.40)
(3,849.98)
(3,863.52)
324,950.16
32L,584.L7
318,206.25
314816.37
3LL,4L4.49
308,000.55
304,574.53
301,136.37
297,686.03
794,223.48
290,748.66
287,261.54
283,762.06
280,250.19
216,725.89
273,189.10
269,639.78
266,077.90
262,503.40
258,916.24
255,316.37
251,703.76
248,078,35
2M,4r'}O.LQ
240,788.97
237,724.94
23?,447.85
229,757.79
226,054.66
222,338.41
218,509.00
214,866.38
211,110.50
207,341.33
203,558.80
199,762.88
195,953.51
192,130.66
188,294.26
L84,444.27
180,580.56
1,150.87
1,138.94
1,126.98
1,1t4.97
1,102.93
1,090.84
1,078.70
1,066.52
1,054.30
L,042.44
1,029.73
1,017.38
1,004.99
992.55
980.07
967.54
954.97
942.35
979.74
917.00
9A4.25
891.45
878.61
865.73
852.79
839.82
826.79
813.73
800.61
787.45
774.24
160.99
747.68
734.33
720.94
707.49
594.00
580.46
666.88
653.24
Payment
Number
Monthly
Pavment
lnterest
Paymert
Principal
Pavment
Principal
Balance
Page 21 0 of 356
4t (s4,516.86)
42 (s4,5r6.861
43 (s4,516.86)
44 (s4,515.86)
4s (54,s16.86)
46 (s4,516.86I
47 {s4,516.86)48 {S4s16.86}4e t54s16.85150 {s+,sre.se151 {s4,s15.S5}52 t54,515,85Is3 {s4,s15.85}54 {$4,516.85}5s ($4,516.s6)
s6 t$4s15.86)
,7 ($4s16.861ss (s4sre.ae1
59 {$4,5X6.86)
50 (104,886,06)
639.56 (3,877.30I
625.82 (3"891.041
612.04 (3,904.821
598.21 (3,918.65)
584.34 (3,932-52)
570.41 t3,946.45)
556.43 t3,9m.43)5/;2.N (3,974.46)
528.33 (3,988.531
s14.20 t4002.66)
soo.o3 (4,016.83)
rl8s.sO (4031.06)
471.s2 (404s.34)
4s7.za (40se.65)
4p,2.82 {4074.04)
428.39 (408S.47)
413.91 (4102.9s1
3ee.38 (41f.4S)
384.79 t4132.05)
370.15 (104,515.90)
176,703.35
172,81232
158,907.50
164,988.86
161,056.33
157.109.88
153,149.45
149,175.00
145,186.46
141,183.81
L37,t66.97
133,135.91
129,090.58
125,030.91
120,955.87
116,868.lm
112,765.45
108,il7.97
104,515.90
Page 2'l l of 356
THIS PAGE INTENTIONALLY LEFT BLANK
Resolutions - R7 H
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. fuuila, CityAttorney
July 20,2016
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY
NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD WAIT FOR MIAMI-DADE COUNTY AND
STATE OF FLORIDA APPROVAL OF A RAIL CONNECTION ACROSS THE
IUACARTHUR CAUSEWAY PRIOR TO ENTERING INTO A FINAL AGREEMENT
WITH THE STREETCAR DEVELOPER.
ANALYSIS
Pursuant to the request of Vice-Mayor Michael Grieco, the following advisory, nonbinding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8, 2016. The proposed ballot question asks whether the Mayor and City
Commission should wait for Miami-Dade County and State of Florida approval of a rail
connection across the Macarthur Causeway, prior to entering into a final agreement with the
streetcar developer.
Leoislative Trackino
Office of the CityAttorney
Sponsor
Vice-Mayor Michael Grieco
ATTACHMENTS
Description
u Resolution
o bdribitA- Miami Beach Precints List March 15, 2016
Page 246 of 356
RESOLUTION NO.
A RESOLUTION OF THE NilAYCIR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
CALLING FOR A SPECIAL ELECTION TO BE HELN ON
NOVEMBER 8, 20'16, FOR THE PURPO$E OF
SUSMITTING TO THE ELECTORATE OF THE CITY OF
MIAIIIII BEACH, FLORIDA AH ADYISORY, NCINBINDING
STRAW BALLOT QUESTION ASKING WHETHER THE
MAYOR AHD CITY COMMISSION SHOULD WAIT FOR
MIAMI.NADE COUNTY AND STATE OF FLORIDA
APPROVAL 8F A RAIL CONNECTION ACROS$ THE
MACARTHUR CAU$EWAY, PRIOR TO ENTERING INTO
A FINAL AGREEMENT WITH THE STREETCAR
DEVELOPER,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMiiISSION OF THE CITY OF MlArtIl BEACH:
sEcflqt{ 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November B, 2016, for the purpo$e of submitting to the electorate the
advisory, nonbinding straw ballot question as set forth hereinafter.
sFcroN 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Hlection hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots from all precincts have been tabulated.
Page 247 of 356
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
sEcTloN 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7.00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF M]AMI
BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final tist of
polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of
polling places from the City's March 2016 Special Election, which upon receipt from the County. will be superseded
by the Department of Elections' tist of polling places for the City's subject November 8, 2016 Special Election, which
last of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Page 248 of 356
Advisorv. Nonbindinq Straw Ballot Question
Beqardinq the Citv's Lightrail/Modern Streetcar Proiect
City Resolution No. 2016-29503 authorized negotiations for a modern streetcar
project along 5th Street, Washington Avenue, either 17th Street or Dade
Boulevard, and Alton Road, with a $388 million estimated construction cost, and
$14-16 million in annual operating costs. Should City wait for Miami-Dade County
and State of Florida approval of a rail connection across the Macarthur
Causeway, prior to entering into a final agreement with the streetcar developer?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as estabtished in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8,2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
AdvisoJv. Nonbindinq Straw Ballot Question
Reqarding the Citv's LiqhtraillModer-n Streetcar Proiect
City Resolution No. 2016-29503 authorized negotiations for a modern streetcar
project along sth Street, Washington Avenue, either 17th Street or Dade
Boulevard, and Atton Road, with a $388 million estimated construction cost, and
$14-16 million in annual operating costs. Should City wait for Miami-Dade County
and State of Florida approval of a rai! connection across the Macarthur
Causeway, prior to entering into a final agreement with the streetcar developer?
YES
NO
sEcTloN 7.
Page 249 of 356
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Otfice of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. BTth Avenue, Doral,
Florida 33172', Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said
cast their ballots in accordance with the provisions
with respect to absentee voting-
Special Election shall be entitled to
of the laws of the State of Florida
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
Page 250 of 356
sEcTloN 11.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
sEcTloN 12.
This Resolution shall be effective immediately upon its passage.
PASSED and AD0PTED this
ATTEST:
day of ,2016.
Mayor Fhilip Levine
Rafael E. Granado, City Clerk
(sponsored by Vice-Mayor Michael Grieco)
F:\ATT0\IURNSALLOT.QUESTIONSISITaw Ballot ra Streetcar.doo(
APHTOVED AS TO
FORM & IA'.IGUAGS
Page 251 of356
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2015 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
Advisorv. Nonbinding Stqaw Ballot Question
Reqardinq the City'_s Liqhtrail/Modern Streetcar Proiect
City Resolution No. 2016-29503 authorized negotiations for a modern streetcar
project along sth Street, Washington Avenue, either 17th Street or Dade
Boulevard, and AIton Road, with a $388 million estimated construction cost, and
914-15 million in annual operating costs. Should City enter into a final agreement
with the streetcar developer prior to Miami-Dade County and State of Florida
approval of a rail connection across the Macarthur Causeway to downtown
Miami?
YES
NO
Page 252 of 356
MIAMIBEACFI
MIAMI BEACH SPEGIAL ELECTION
MARCH 15,2016
MIAMI BEAGH PRECINCTS LIST
Polling
Place No.
Name Location Polling
Place No.
Name Locatlon
011 Biscayne Elementary
School
800 77 Street 030 MiamlBeach
BotanlcalGarden
2000 Convention
Center Drive
013 North Shore Branch
LlLrrarv
7501 Collins
Avenue
031 MiamiCity Ballet 2200 Liberty
Avenue
014 North Shore Park Youth
Center
501 72 Street 032 MiamlBeach Regional
I ihrarv
227 229lreel
015 Normandy Shores Golf
Club
2401 Biarritz Drive 033 Miami Beach Senior
Hioh School
2231Pralrle
Avenue
018 lndian Creek Fire
Station #4
6860 lndian Creek
Drive
036 MiamiBeach Police
Athletic Leaoue
999 11 Street
019 Normandy Park & Pool 7030 Trouville
Esnlanade
037 Miami Beach City Hall 1700 Conventlon
Center Drive
020 T North Shore Park Youth
Center
50'l 72 Street 038 Veterans Foreign War
Post #3559
650 West Avenue
o23 MiamiBeach Fire
Station #3
5303 Collins
Avenue
040 South Pointe
Elementarv School
1050 4 Street
o24 Nautllus Middle School 4301 N. Michigan
Avenue
041 South Shore
Communitv Center
8336Street#2
025 St. John's on the Lake
Methodist Church
4760 Pine Tree
Drive
042 Felnberg Fisher K-8
Center School
601 14 Place
028 Temple Beth Sholom 4144 Chase
Avenue
043 MiamiBeach Police
Deoartment
1100 Washington
Avenue
029 North Beach
Elementarv School
4100 Prairie
Avenue
048 Rebecca Towers 200 Alton Road
T = Temporary polllng place change.
Please note that the above llst ls subJect to change, lf needed.
The voting precincts for the March 15, 2016 City of Miami Beach Special Election shall be as established by the Miami-Dade
County election officials. On Election Day, all electors shall vote al the voting locations and the voting precincts in which the
official registration books show that the electors reside. All questlons concerning voting locations and voting precincts should
be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone:
305.499.VOTE (8683) or TTY: 305.499.8480.
Rafael E. Granado, City Clerk
City of Mlami Beach
AD 1133
EXHIBIT A
Page 253 of 356
Resolutions - R7 !
COMMISS ION ME IT'PRAN DU M
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
July 20, 2016
AAIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY
NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD APPROVE A MONTHLY STORI\4WATER
urLrry FEE TNCREASE OFAPPROXTMATELY$6 pER RESTDENTTAL UN|T (OR
EQUIVALENT RESIDENTIAL UN|T), TO FUND A PORTTON OF THE CtTy',S
PROGRAM TO RAISE STREETS AND INSTALL STORI\A/YATER PUMPS TO
ADDRESS FLOOD MITIGATION AND SEA LEVEL RISE.
ANALYSIS
Pursuant to the request of Vice-Mayor Michael Grieco, the following advisory nonbinding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8, 2016. The proposed ballot question asks whether the Mayor and City
Commission should approve a monthly stormwater utility fee increase of approximately $6 per
residential unit (or equivalent residential unit), to fund a portion of the City's program to raise
streets and install stormwater pumps to address flood mitigation and sea level rise.
Leoislative Trackino
Office of the CityAttomey
Sponsor
Vice-Mayor Michael Grieco
ATTACHMENTS
Description
o Resolution
Page 254 of 356
ExhibitA- Miami Beach Precints List March 1 ,2016
Page 255 of 356
RESOLUTION NO.
A RESCILUTION OF THE MAYOR ANP CITY SOMMISSION OF
TI{E CITY OF MIAMI BEACH, FLOBIDA CALLING FOR A
SPECIAL ELECTION TO BE HELO ON NSVEMBER 8, 2016,
FOR THE PURPOSE OF SUBMITTING TO TI.IE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORI$A AN ADVI$ORY,
NONBINDING STRAW BALLOT SUESTION ASXING
WHETHER THE MAYQR AND CITY COMITiISSION $HCIULD
AFPROVE A MO}'ITHLY STORMWATER UTILITY FEE
INCREA$E OF APPROXIMATELY $6 PER RESIDENTIAL UNIT
(oR EQUTVALENT RESTDENTTAL UN|T), TO FUND A PORT|ON
OF THE CITY'S PROGRAM TO RAISE STREETS ANN
INSTALL STOBMWATER PUMPS TO ADDRESS FLOOD
MITIGATION AND $EA LEVEL RISE.
NOW, THEREFORE, BE IT DULY RESOLVEO BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
sEcrs.N,:."
ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, frorn 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2016, for the purpose of submitting to the electorate the
advisory, nonbinding straw ballot guestion as set forth hereinafter.
sEciloN 2.
That the appropriate and proper Miami-Dade County election of{icials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said $pecial Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots frorn all precincts have been tabulated.
Page 256 of 356
SECTION 3.
That the said voting precincts in the City of said Speclal Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 10O.342, Florida
Statutes, and Section 3B-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantiatly in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places forthe City's November8,2016 Special Election. Accordingly, attached to this Resolution is a listof
polling places from the City's March 2016 Special Election, which upon receipt from the County, will be superseded
by the Department of Elections' list of polling places for the City's subject November B,2016 Special Election, which
list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Page 257 of 356
Advisorv. Nonbindinq Straw Ballot Question
Regarding a Rate lncrease for Stormwater Utllitv Fees
On September 30, 2414, the City increased the rates for stormwater utility fees,
which are used to support the operation, maintenance, and infrastructure of the
City's stormwater management system. Do you support a monthly stormwater
utility fee increase of approximately $O per residential unit (or equivalent
residential unit), to fund a portion of the City's program to raise streets and install
stormwater pumps to address flood mitigation and sea level rise?
YES
NO
Said Notice shall fu(her set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
peftinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisorv. NonbindiFq Straw Ballot Question
Reqardinq a Rate lncrease for StormwatSIl_USilitv Fees
On September 30, 2014, the City increased the rates for stormwater utility fees,
which are used to support the operation, maintenance, and infrastructure of the
City's stormwater management system. Do you support a monthly stormwater
utility fee increase of approximately $0 per residential unit (or equivalent
residential unit), to fund a portion of the City's program to raise streets and install
stormwater pumps to address flood mitigation and sea level rise?
YES
NO
Page 258 of 356
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Superuisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11,2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172 Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the laws of the State of Florida
with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
Page 259 of 356
sEcTtoN 11.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining podions
of said ballot measure.
sEcTtoN 12.
This Resolution shall be effeetive immediately upon its passage.
PASSED and ADOPTED this
ATTEST:
day of 24rc"
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponsored by Vice-Mayor Michael Grieco)
APFTTOVTD A,8IO
FOEM & LANSUAGE
& roR ExtcunoN
7 {rs{ft,-tr.-cltyAttomry 1q6f
F;\ATTO\TURN\BALLOT.OUESTIONS\SIraW Ballot re Starmwater Utility Fees.docx
Page 260 of 356
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
Advisorv. Nonbindinq Straw Ballot Question
Reqardinq a Rate lncrease for Stormwater Utilitv Fees
On September 30, 2014, the City increased the rates for stormwater utility fees,
which are used to support the operation, maintenance, and infrastructure of the
City's stormwater management system. Do you suppott a monthly stormwater
utitity fee increase of approximately $6 per residential unit (or equivalent
residential unit), to fund a portion of the City's program to raise streets and install
stormwater pumps to address flood mitigation and sea level rise?
YES
NO
Page 261 of356
MIAMI BEACH
i 013
I
227 22Stroel
Mlartl Eeach Senlor 2231 Prairie
AvenueSchool
Middle School
Felnberg Fishor K-8
Center School
Miami Beach Police
Alton Road
T r T€mporary polllng placa change.
Ptease nots that tho above llst is subfect to change, lf nEeded.
The voilng precincts for lhe March 15, 2016 Clty ot Miami Beach Speclal Election shall b€ ss established by the Miami-Dads
County olection ofricials. On Electlon Day, all olsctors shall vote at the voting locations and the voting precincts in whlch the
official ragistratlon books show that lho el€ctors reslda. All qusstions concerning voting locations and voting precincts should
be dlrecled to the Mlami-Dade County Electlons Departrnent, 27C0 NW 87 Avenue, Doral, Florida 33172; Telephone:
305.499,VOTE (8683) or TTY: 30s.49S.8480.
Rafael E. Granado, Clty Cierk
Gtyof Mlarnl Beach
AO 1133
EXHIBIT A
MIAMI BEACH SPECIAL ELECTION
MARCH 15, 2016
MIAMI BEACH PRECINCTS LIST
2200 Llberty
Avenue
Normandy Shores Golf
1700 Convantlon
Csnter Orivo
Veterans For€ign War
Post #3559
St. John's on the Lake
4144 Chass
Avonue
4100 Pralrio
Page 262 of 356
THIS PAGE INTENTIONALLY LEFT BLANK
Resolutions - R7 J
GOMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
July 20, 2016
MIA/\/1IBEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER
8,2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA AN ADVISORY NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE [\4AYOR AND CITY COMMISSION
SHOULD ADOPT AN ORDIMNCE REQUIRING THAT ANY INCREASE IN ZONED
BUILDING HEIGHT, EXCEPT FOR VARIANCES NO GREATER THAN THREE
FEET AND HEIGHT REGULATION EXCEPTIONS IN CITY CODE SECTION 142-
1161, BE SUBJECT TO 6/7THS APPROVAL BY VOTE OF THE CITY
COMMISSION, AND FURTHER THAT SUCH ORDINANCE SHALL NOT BE
REPEALED OR AMENDED UNLESS ALSO APPROVED BY 6/7THS VOTE OF
THE CITY COMMISSION.
ANALYSIS
Pursuant to the request of Vice-Mayor Michael Grieco, the following advisory nonbinding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8, 2016. The proposed ballot question asks whether the Mayor and City
Commission should adopt an Ordinance requiring that any increase in zoned building height,
except for variances no greater than three feet and height regulation exceptions in City Code
Section 142-1161, be subject to Gtrths approval by vote of the City Commission, and further
that such Ordinance shall not be repealed or amended unless also approved by 6/7ths vote of
the City Commission.
Legislative Tracking
Office of the CityAttomey
Sponsor
Vice-Mayor Michael Grieco
Page 264 of 356
ATTACHMENTS:
Description
o Resolution
o ExhibitA- Miami Beach Precints List March 1 ,2016
Page 265 of 356
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
CALLING FOR A SPEGIAL ELECTION ON NOVEMBER 8,
?016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEAGH, FLORIDA
AN ADVISORY, NONBINDING STRATi' BALLOT
QUE$TION A$KING WHETHER THE MAYOR ANO CITY
COMMISSION SHOULD ADOPT AN ORDINANCE
REQUIRING THAT ANY INCREASE IN ZONED BUILDING
HEIGHT, EXCEPT FOR VARIANCES NO GREATER THAN
THREE FEET ANO HEIGHT REGULATION EXCEPTIONS
IN CITY CODE SECTION 142.1161, BE SUBJECT TO
6/7THS APPROVAL BY VOTE OF THE CITY COMMIS$ION,
AND FURTHER THAT $UCH ORDINANCE SHALL NOTBE REPEALED OR AMENDED UNLESS ALSO
APPROVED BY 6/7THS VOTE OF THE CITY COMMIS$ION.
NOIIY, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMI$SION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2016, for the purpose of submitting to the electorate the
advisory, nonbinding straw ballot question as set forth hereinafter.
sEcTtoN 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The
official retums for each precinct shall be furnished to the City Clerk of the City of Miami
Beach as $oon as the ballots from all precincts have been tabulated.
Page 266 of 356
SECTION 3.
That the said voting precincts in the City of Miami Beach of said Special Election
shall be as established by the proper and appropriate Miami-Dade County Election
Officials. All electors shall vote at the polling places and the voting precincts as
determined by the Miami-Dade County Election Officials as set forth in the attached
Exhibit "A".1
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 1OO.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of
polling places from lhe City's March 2016 Special Election, which upon receipt from the County, will be superseded
by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which
list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Page 267 of 356
Advisorv. Nonbindins $trayy H"Sllot Puestion -
Establish 6flths Vote Requirgment
to Approve lncreases in BuildinF li*iEht
$hsuld the Mayor and City Commission adopt an Ordinance requiring that any
increase in zoned building height, except for varianccs no greater than three feet
and height regulation exceptions in City Code Section 142-1161, be subiect to
6l7ths approval by vote of the City Commission, and further that such Ordinance
shall not be repealed or amended unless also approved by 6ffths vote of the City
Commission?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
gFcTtoN 6,
That the official ballot to be used in the Special Election to be held on November
8, 2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisorv. Nonbindinq Straw Ballot Question -
EFtabl iah,"Ll7the Vote Requ irem e nt
to Approve lncreases in Buildinq Heisht
Should the Mayor and Gity Commission adopt an Ordinance requiring that any
increase in zoned building height, except for variances no greater than three feet
and height regulation exceptions in City Code $ection 142-1161, be subject to
6l?ths approval by vote of the City Commission, and further that such Ordinance
shall not be rep*aled or amended unless also approved by 6/7ths vote of the City
Commission?
YES
HO
Page 268 of 356
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11,2016. AII persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the laws of the State of Florida
with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay ali expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
Page 269 of 356
sEcTtoN 11.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
sEcroN 12.
This Resolution shalt be effective immediately upon its passage.
PASSED and ADOPTED this day of 2016.
AfiEST:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Vice-Mayor Michael Grieco)
APP3CN'ENASTO
rcRM & TANGUAGSeronE(sulmil
#J=,W
h)lr
F:\AfiO\IGLN\BALLOT QUESTION\SIraw Eallot re Euilding Height lncreases {Grieco) RESO.docx
Page 270 of 356
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
Advisorv. Nonbindins Straw Ballot Question -
Establish 6/7ths Vote Requirer.ne.nt
to Approve lncreases in Buildinq Heioht
Should the Mayor and City Commission adopt an Ordinance requiring that any increase
in zoned building height, except for variances no greater than three feet and height
regulation exceptions in City Code Section 142-1161, be subject to 6l7ths approval by
vote of the City Commission, and further that such Ordinance shall not be repealed or
amended unless also approved by 6/7ths vote of the City Commission?
YES
NO
Page 271 of356
MIAMIBEACH
Name
MIAMI BEACH SPECIAL ELECTION
MARCH 15, 2016
MIAMI BEACH PRECINCTS LIST
Polllng
Place No.
Miami Beach
Middle School
5303 Collins
4301 N.
Avcnue
833
601
1
2
Police
Mlami Beach City Hall
VeteAns F;i6ign wii'
Post f3559
| 2000 Convention
Aye!u--e- _--
999 11 Stre€t
1700 Convention
Center Orive
650 West Avenue
4 Street
ITF'riie-]St. John's on ths Lake 1760 Trce
Methodist Center School
emple Betn Sholocn 4144
Av€nue
North Beach 41C0 Prairio
Etemen:
T = Temporary polling place change.
Please note that ths abov€ llst is sublect to change, lf needed,
Tno voltng precincts fcr the March 15, 2C16 City of Miarni Beach Speclal El€ction shall be as established by the Mianli-Dado
County olection officials. On Election Day, all eloctors shall vote al the voting locations and the vcting pracincts in which the
officiat registration books show lhat lho electors reslde. All questions concerning voting lccations and voting precincts should
be directed to the Miami-Dade County Electlons Oepartment, 27CC NW 87 Avenue, Doral, Florlda 33172; Telephone:
305.499.VOTE (8683) or TTY: 305.499.8,180.
Rafael E. cranado, City Clerk
City of Mtaml Eeach
AO 1133
EXHIBIT A
; Communrtv Center-l-Fa;i€.s FAn;x-A-'04
0.13
046
240'l B:arritz 0rive
6860 lndlan Creek
Norrnandy Park & Pool
North Shore Park Ycuth
Cenler 040 | South Points
i Eiementarv School
Page 272 of 356
THIS PAGE INTENTIONALLY LEFT BLANK
Resolutions - R7 K
COMMISS ION ME ITTORAN D U M
Honorable Mayor and Members of the City Commission
Raul J. Aguila, Ci$Attorney
July 20,2016
MIAAAIBEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY
NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
SHOULD CONTINUE TO DISCUSS THE DEVELOPMENT OF A HEADQUARTER
CONVENTION HOTEL IN THE VICINITY OF THE MIAMI BEACH CONVENTION
CENTER.
ANALYSIS
Pursuant to the request of Vice-Mayor Michael Grieco, the following advisory nonbinding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8,2016. The proposed ballot question asks whether the City should continue to
discuss the development of a headquarter convention hotel in the vicinity of the Miami Beach
Convention Center.
Legislative Tracking
Office of the CityAttorney
Sponsor
Vice-Mayor Michael Grieco
ATTACHMENTS:
Description
n Resolution
o E*ribitA- Miami Beach Precints List March 15, 2016
Page 274 ol 356
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA GALLING FOR A
SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY,
NONBINDING STRAW BALLOT QUESTION ASKING
WHETHER THE CITY SHOULD CONTINUE TO DISCUSS THE
DEVELOPMENT OF A HEADQUARTER CONVENTION HOTEL
IN THE VTGINITY OF THE IiiIIAMI BEACH CONVENTION
CENTER.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION.,1,
!n accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2A16, for the purpose of submitting to the electorate the
advisory, nonbinding straw ballot question as set forth hereinafter.
sEcTtoN 2,
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the ceftiflcation of
the results of said Special Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots from all precincts have been tabulated.
Page 275 of 356
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 1OA342, Florida
Statutes, and Section 3B-3 of the Code of the City of Miami Beach,
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NONB]NDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miarni-Dade County Elections Department the finat tist of
polling places for the City's November B, 2016 Special Election. Accordingly, attached to this Resolution is a list of
polling places from the City's March 2016 Special Election, which upon receipt from the County, will be superseded
by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which
list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Page 276 of 356
Advisorv. Nonbindinq Straw Ballot Question
Reqardinq Continued,-DeveIopment of a HeaCouarter Convention Hotel
Should the City continue to discuss the development of a headquarter convention
hotel in the vicinity of the Miami Beach Convention Center?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forlh
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8,2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisorv. Nonbindinq Straw Ballot Question
Fgqarding Continued Development of a Headquarter Convention Hotel
Should the City continue to discuss the development of a headquarter convention
hotel in the vicinity of the Miami Beach Convention Center?
YES
NO
sEcTloN 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
Page277 o1356
sEcTloN 8.
Registration of persons desiring to vote in the $pecial Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the $upervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and retuming it to the Miami-
Dade County Elections Office. All questions concerning voter registration should he
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683),
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with lhe provisions of the laws of the State of Florida
with respect to absentee votinE.
sEcTroN 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Oade County or directly to all persons or firms, upon
r.eceipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida-
SECTION 1"r.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
Page 278 of 356
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTEI) this day of ,2016.
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponsored by Vice-Mayor Michael Grieco)
F:\Afi0\TURN\BALLOI.OUESTION$\SIraW Ballol re Convention Center Hote'.docx
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUfl0N
Page 279 of 356
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
Advisorv. Nonbindino Straw Ballot Question
Reqardinq Continued Development of a Headquafter Gonvention Hotel
Should the City continue to discuss the development of a headquarter convention
hotel in the vicinity of the Miami Beach Convention Center?
YES
Page 280 of 356
MIAMI BEACH
MIAMI BEAGH SPECIAL ELECTION
MARCH 15,2018
MI,AMI BEACH PRECINCTS LIST
2000 Convention
Center Drive
Llberty
Avenue
Mlaml Beach Senlor 2231 PraLtie
School
St. John's on the Lake Felnberg Fisher K-8
Center School
T r Temporary polllng place change.
Please not€ that the above !lst is subfect to change, if needed.
Tha votlng precincts tor the March 15, 2016 Clty of Miami Beach Speclal Election shatl be os established by the Mi€rni-Dada
County olectlon offlclals. On Election Day, all elsctors shall vote at the voting locatlons and the voting precincts ln whlch the
official registratlon books show that tho electors reside. All questions concerning voting locations and voting precincts should
be dlrec-ted to lhe Mlami-Oade County Electlons Deparlment, 27CC NW 87 Avenue, Doral, Florida 331721 Toleptone:
305.499.VOTE (8683) or TTY: 305.499.8480.
Rafael E. Granado, Clty Clerk
City of Mlaml Beach
AD t.133
EXHIBIT A
Beach
:al Garden
Mlaml
Normandy Shores Golf
Club
y Park & Pool | 7030 T
Veterans Foreign War
Post f3559
Temple Beth Sholom
Page 281 of 356
Resolutions - R7 L
COMMISSION MEMOMNDUM
Hononable [t/ayor and Members of the City Commission
Raul J. Aguila, City Attomey
July 20,2016
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY
NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
sHouLD CoNSTRUCTA NEW FIRE STATTON ('FIRE STATION PROJECT") ON
THE SOUTH PARKING LOT OF FLAMINGO PARK TO REPLACE THE EXISTING
FIRE STATION NO. 1, LOCATED AT 1O5O JEFFERSON AVENUE, WHICH FIRE
STATION PROJECT WOULD ALSO INCLUDE PARKING AND THE
CoNSTRUCTION OF A NEW POLICE ATHLETTC LEAGUE ('PAL") FACILITY
REPLACING THE EXISTING PAL FACILITYAT 999 11TH STREET.
ANALYS!S
Pursuant to the request of Vice-Mayor Michael Grieco, the following advisory nonbinding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8, 2016. The proposed ballot question asks whether the City should construct a
new fire station ('Fire Station Projecf) on the south parking lot of Flamingo Park to replace the
existing Fire Station No. 1, located at 1050 Jefferson Avenue, which Fire Station Project would
also include parking and the construction of a new Police Athletic League ("PAL") facility
replacing the efsting PALfacilityat 999 11th Street.
Legislative Tracking
ffice of the CityAttomey
Sponsor
Vice-ttlayor Michael Grieco
ATTACHMENTS
Description
Page 283 of 356
D
D
Resolution
ExhibitA- Miami Beach Precints List March 15,2016
Page 284 of 356
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMII'IIS$ION OF
THE CITY OF MIAMI BEACH, FLORIDA. CALLING FOR A
SPECIAL ELECTION TO BE HELD ON NOVENilBER 8, 2016,
FOR THE FURPOSE OF SUBMITTING TS THE ELCCTORATE
OF THE CITY OF MIAMI BEACH, TLORIDA IIN AOVISORY,
NCIHBIHDING STRAW BALLOT QUESTION ASKING
WHETHER THE CITY STIOULD CONSTRUCT A NEW FIRE
srATloN {"FIRE STATION PROJECT"} CIN THE SOUTH
PARKING LOT OF FLAMINGO PARK TO REPLACE THE
EXISTIHG FIRE STATION NO. 1, LOCATED AT 1O5O
JEFFERSON AYTNUE, WHICH FIRE STATION PROJECT
VI,OULD ALSO IHCLUDE PARKING AND THE
COH$TRUCTION OT A NEW POLICE ATHLETIC LEAGUE
{.,PAL"} FACILITY REpLACI}{G THE EXISTING PAL FACILITY
AT 999 ltTH STREET.
NOW, THEREFORE, BE IT DULY RE$OLVED BY THE MAYOR AND CITY
SOMMIS$ION OF THE CITY OF MIAMI BEACH:
EFcnqH :l,,
ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2016, for the purpose of submitting to the electorate the
advisory, nonbinding straw ballot qu*stion as set forth hereinafter.
sEcTloN 2.
That the appropriate and proper Miami-Dade County election *fficials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. Tlre official
returns fnr each precinct shall be fumished to the City Clerk of the City of Miami Beach
as soqt'r as the ballots from all precincts have been tabulated"
Page 285 of 356
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
SECTIO.N 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shalt be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 10O.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER' 2016' AT
WHICH TIME THERE SHALL BE SUBM TED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Departrnent the final list of
polling places for the City's November 8,2016 Special Election. Accordingly, attached to this Resolution is a list of
pollini places from the iity's Marcn 2016 Special Election, which upon receipt from the County, will be superseded
by the Department of Elections' list of polling places for the City's sublect November 8. 2016 Special Election, which
liit of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Page 286 of 356
n No. 1 and Police Athletic Leaqu-Facilitv Re
Should the City of Miami Beach construct a new fire station (,,Fire StationProject") on the south parking lot of Flamingo Park to replace the existing FireStation No. 1, located at 1050 Jefferson Avenue, which Fire Station project iould
9l:o include parking and the construction of a new Potice Athletic League("PAL") facility replacing the existing pAL facility at 999 11th Street?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8,2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisorv. Nonbindinq Straw Ballot euestjon -
Fire Station No. 1 and Police Athletic !-eaque Facititv Replace{nent
Should the City of Miami Beach construct a new fire station (,,Fire StationProject") on the south parking lot of Flamingo Park to replace the existing Fire
Station No. 1, located at 1050 Jefferson Avenue, which Fire Station project wouldalso include parking and the construction of a new Police Athletic League("PAL") facility replacing the existing pAL facitity at gg9 11th street?
YES
NO
Page 287 of 356
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11,2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions conceming voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172: Telephone: (305) 499-VOTE (8683)-
SECTION 9.
That the absentee voters participating in said
cast their ballots in accordance with the provisions
with respect to absentee voting.
Special Election shall be entitled to
of the laws of the State of Florida
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
Page 288 of 356
SECTIOI'I 11.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity ol the remaining portions
of said ballot measure.
sEcTloN 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of ,2016.
AfiEST:
Mayor Philip Levine
Rafael E. Granado, CitY Clerk
(Sponsored by Vice-Mayor Michael Grieco)
APPROVED p'"$ TO
FORM & IAN6UA6E
& FOA EXECUII$NM*pt C[yAtlom€v H
F:r.ATTO\TURN\BALI-OT.8UE$TIONS!S}raw Ballot re FirB Slation No 1 PAL.docx
Page 289 of 356
PROPOSED BALLOT QUESTION
NOVEMBER 8,2016 SPECIAL ELECTION
PROPOSED BALLOT QUESTION:
ACyisorv. Nonbindinq Straw Ballot euestion -
n No. 1 and Police Athletic Leaque Facilitv Rer
Should the City of Miami Beach construct a new fire station (,,Fire StationProject") on the south parking lot of Flamingo Park to replace the existing FireStation No. 1, located at 1050 Jefferson Avenue, which Fire Station project wouldalso include parking and the construction of a new Police Athletic League("PAL")facility replacing the existing pAL facirity at 999 11th street?
YES
NO
Page 290 of 356
MIAMIBEACH
MIAMI BEACH SPECIAL ELECTION
MARCH 15, 2016
MIAMI BEACH PRECINCTS LIST
MlamiCity Uberty
Avenue
22 Slreet I
Mlarnl Eeach Senlor 2231 Prairie
AvenueSchool
Felnberg Fisher K-8
Center School
Miarni Beach Potice 1100 Washington
Avenue
T r Temporary poltlng place change.
Please nots that the above llst is sublect to change, lf needed.
The votlng precincts for the March 15, 2016 Clty of Miami Beach Speclal Election sh6ll be ss established by the Miami-Oade
County elecUon offtcials. On Electlon Day, all elsctors shall vote at th€ voting locations and the voting precincrs in whlch ths
officia( reglstration books show that tho eleclors reslde. All questions concerning votlng locations and voting precincts should
be dlrected to the MlamFOade County Electlons Departrnent,27C0 N\/ 87 Avenue, Doral, Fforida 33172; Tetephone:
305.4g9.VOTE (8683) or TTY: 305.409.8480.
Rafael E. Granado, CIty Clerk
City of Miaml Beach
AD rt33
EXHIBIT A
I
Polllng
Place No.
Miaml Beach | 2000
North Shore Park Youth
Normandy Shores Golf
Club
Norrnandy Park & Pool I 7030 Trouville
Vaterans Forelgn War
8336Slreet#2
St. John's on th€ Lake
Page 291 of 356
THIS PAGE INTENTIONALLY LEFT BLANK
Resolutions - R7 M
CO]UT'IISS ION ME II'IORAN D U M
Honorable il/ayor and l/embers of the City Commission
Raul J. Aguila, CityAttomey
July 20,2016
/\AIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8,2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE C!ry OF MIAMI BEACH, FLORIDA AN ADVISORY
NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CIry COMMISSION SHOULD EMCT AN ORDIMNCE REQUIRING THAT
ANY TNCREASE tN ZONED BU|LDTNG HETGHT EXCEPT FOR (1) VARTANCES
NO GREATER THAN THREE FEET, (2) HE|GHT REGULATTON EXCEPTTONS lN
clTY coDE sEcTtoN 142-1161, AND (3) FUTURE HEtcHT INCREASES TO
MITIGATE OR PROTECTAGAINST THE IMPACTS OF INCREASED FLOODING
DUE TO SEA LEVEL RISE, REQUIRE A 6NTH VOTE OF THE CITY
COMMISSION, AND FURTHER THAT SUCH ORDII{ANCE SI-IALL NOT BE
REPEALED OR AMENDED UNLESS ALSO APPROVED BYA 617 VOTE.
ANALYSIs
Pursuant to the request of Commissioner RickyAniola, the following advisory, non-binding straw
ballot question has been prepared for a Special Election to be held in the City of Miami Beach
on November 8, 2016. The proposed ballot question asks whether the Mayor and Gity
Commission should adopt an Ordinance requiring that any increase in zoned building height,
except for (1) variances no greater than three feet, (2) height regulation exceptions in City Code
Section 142-1161, and (3) height increases to mitigate or protect against the impacts of flooding
due to sea Ievel rise, require a 6t7t't vote of the City Commission; and further that such
Ordinance shall not be repealed or amended unless also approved by 6/7th vote?
Leoislative Trackino
Office of the CityAttomey
Sponsor
Commissioner Ricky Aniola
Page 293 of 356
AfiACHMENTS:
Description
o Resolution
o E*ribitA- Miami Beach Precincts List - March 15, 2016
Page 294 of 356
RESOLUTION T.IO.
A RESOLUTION OF THE MAYOR AND CITY
COMMI$$ION OF THE CITY OF r'IlAMl BEACH, FLORIDA
CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 201S, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
ll,llAMl BEACH, FLORIDA AN ADVISORY, HONBINDING
STRAW BALLOT QUESTIOH ASKING WHETHER THE
ttilAYOR AND CITY COMMISSISN $HOULD EHACT AN
ORDINANCE REQUIRING THAT ANY INCREASE IN
zoNED BUILBING HEIGHT EXCEPT FOR (1)
VARIANCE$ NO GREATER THAN THREE FEET, (21
HEIGHT REGULATION EXCEPTIONS IN CITY CODE
$ECTlOl-l 142-118r, AND {s} FUTURE HEIGHT
INCREASES TO MITIGATE OR PROTECT AGAINST THE
IMPACTS OF INCREASED FLOODING DUE TO SEA
LEVEL RISE, REQUIRE A 6'7TH VCITE OF THE CITY
COMMISSION, AIdD FURTHER THAT SUCH ORDINANCE
SHALL NOT BE REPEALED OR AIIIENDED UNLES$
AL$O APPROVED BY A 6N VOTE.
}IOl'Y, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COII'IMISSION OF THE CITY OF MIAIiJ|I EEACH:
$ECTTON 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the $tate of Florida, a Special Election is hereby called and
directed to
Tuesday,
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
November 8, 2016, for the purpose of submitting to the electorate the
advisory, nonbinding straw ballot question as set forth hereinafter'
sEcTloN 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots from all precincts have been tabulated.
Page 295 of 356
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
SECT]ON 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:OO A.M. UNTIL 7:OO P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT
QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for tne City's November 8, 2016 Special Election. Accordingly, attached to_this Resolution is a list of
iofiini bfr""" from the City's Marcn 2016 Speciai Election, which upon receipt from the County, will be superseded
by inJ Oepartment of Etections' list of polling places for the City's subiect November 8,2016 Speciat Election' which
tist ot potting places for the City's November
-4,
ZOtO Special Eleclion will be publicly noticed by the City.
Page 296 of 356
Advisorv. Nonbindino StrFw Ballot Question
Building Height !ncreases By 6tT Vote; Exceptions lncluding For Flooding
Shoutd the City enact an Ordinance requiring that any
increase in zoned building height, except for (1)
variances no greater than three feet, (21 height
regulation exceptions in Gity Code Section 142-1161,
and (3) height increases to mitigate or protect against
the impacts of flooding due to sea level rise, require a
6/7th vote of the Gity Commission; and further that such
Ordinance shall not be repealed or amended unless also
approved by 6/7th vote?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on Novernber
8, 2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advigorv. Nonbindinq Straw Ba!lot Question
Building Height lncreases By 617 Vote; Exceptions lncluding For Flooding
Should the City enact an Ordinance requiring that any
increase in zoned building height, except for (1) variances no
greater than three feet, (2) height regulation exceptions in
City Code Section 142-1161, and (3) height increases to
mitigate or protect against the impacts of flooding due to sea
level rise, require a 6l7th vote of the City Commission; and
further that such ordinance shall not be repealed or amended
unless also apProved bY 6/7th vote?
YES
Page 297 of 356
NO
sEcTloN 7.
The form of the ballots to be used in this $pecial Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
sEcnoN q.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter regiotration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such time$ as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 1 1, 2016. All perscns eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and retuming it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 27OA N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305i 49S-VOTE (8683).
SECTTON 9.
That the absentee voters participating in said
cast their ballots in accordance with the provisions
with respect to absentee voting.
Special Election shall be entitled to
sf the laws of the State of Florida
sEcTtoH tor
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all per$ons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
Page 298 of 356
County, Florida.
sEqlrQlf :l{.
lf any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure"
sEcroN 12.
This Resolution shall be effective immediately upon its passage.
PA$SED ANd ADOPTED this
ATTEST:
day of 2416.
Mayor Fhilip Levine
Rafael E. Granado, Ctty Clerk
APPROVED A5 TO
FORM A LANGUAGE
(Sponsored by Commissioner Ricky Arriola)
IJK
F:\AfiO\BOUEtsa[at Que*ion\Slraw Ballot re Height and flooding seg level rise exceplion (Aniola] RESO WTH &7 VOTE.docx
Page 299 of 356
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
t.PROPOSED BALLOT QUESTION:
Advisorv. Nonbindinq Straw Ballot Question
Building Height lncreases By 617 Vote; Exceptions lncluding For Flooding
Should the Gity enact an Ordinance requiring that any
increase in zoned building height, except for (1) variances no
greater than three feet, (2) height regulation exceptions in
Gity Code Section 142-1161, and (3) height increases to
mitigate or protect against the impacts of flooding due to sea
level rise, require a 6/7th vote of the City Gommission; and
further that such Ordinance shall not be repealed or amended
unless also aPProved bY 6/7th vote?
YES
NO
Page 300 of 356
MIAMI BEACH
Biscayno
Nonh Shor€ Brancn
L
MIAMI BEACH SPECIAL ELECTION
MARGH 15, 2016
MIAMI BEACH PRECINCTS LIST
F6iiinlf-
Place No.
1
a
03
u5
Miami Beach
aotanlcal Garclen
Miarnl Beach
Veterans Foreign War
2200 Llberty
i Aven'.re
227 22 Street
Center Orive I
650 west Avenue I
Miaml I
Station
I Nau:rtus lvliddle School
I
ihls I St. John's on tho Lake
emplo Betn 4144
Av6nu€
North Beach 41C0
Avenue
T r Temporary polllng Ptacc change.
Pleasg note that the above llst is subfect to change, lf needed'
Tno vollng prec,ncts fcr rhe March 15, 2Ct6 City of Miami Beach Speclal Election shall be es eslablishod by !h€ Miami-Oada
Cou,.,t, ot]eitton officials, On Election Oay, all oioctors shall votc al the voting locations and lhe vcting preclncls in whrch the
orncairegistrarlon bookssttow lhat tho etectors reslds. All questio s concerning voting lccations and voting preeincl$ snould
ue ol*"1ia to the MlsrnFoade county Et€ctlons Depa(ment. 27cc NW 87 Avenue, ooral^ Flo:'ida 33172: relepFone:
305.499.VOTE (8€83) or TTY: 305.499.8480.
Rafael E. Granado, Clty Clert
City of Mtanrl Eeactt
AD {133
EXHIBIT A
#3
1
204
Shore Part Youlh i 501 72 Street
9,€n!91_- I
Normandy Shores Golt [ 2401 B:anitz
Page 301 of 356
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MIAMIBEACH
OFFICE OF THE CIW ANORNEY
RAULJ, AGUILA, CITY ATTORNEY
Aqendart",n K9Doirzoow
COMMISSION MEMORANDUM
lo:
From:
Mayor Philip Levine
Members of the City Commission
Date: July 20,2016
Sii,i**flfi-A-C",L-
Subiect: Save Miami Beach 2016 lnitiative Petition
l. Background lnformation
A citizens' group, Save Miami Beach 2016, collected 4,812 signatures on an initiative
petition (the "SMB Petition') to amend Section 1.03 of the City of Miami Beach Charterto add
new subsection (f). The SMB Petition seeks to limit the discretion of the City Commission in
regulating building height. lt would also require the approval of a majority of the City's voters
prior to increasing the maximum building height in any zoning district.
On July 18, 2016, the Miami-Dade County Supervisor of Elections certified that, out of
the 4,812 signatures reviewed for verification, only 2,300 signatures matched the signatures of
registered voters. See Letter to Commission No. 302-2016, attached hereto as Exhibit "A".
According to the Miami-Dade County Elections Department, as of November 3, 2015, the City of
Miami Beach had 44,576 registered voters, thus requiring the signatures of 4,458 qualified
electors to callfor an election to amend the City Charter. Therefore, the SMB Petition has failed
to include the requisite number of signatures.
At this time, Save Miami Beach 2016 has advised the City that it is continuing to collect
signatures. Notwithstanding the foregoing, the City Attorney has researched the proposed ballot
measure, and has concluded that the measure is facially unconstitutional in its entirety.
ll. Summary of LegalAnalysis
The City's legislative authority, including the authority to amend the City Charter, is
constrained by the Florida Constitution and State law. Under the Florida Constitution,
municipalities "may exercise any power for municipal purposes unless othenrise provided by
law,' and "[s]pecial elections and referenda shall be held as provided by law." See infra
Section lll(A). Section 163.3167(8), Florida Statutes, limits the City's legislative authority as
follows: '[a]n intiative or referendum process in regard to any development order is prohibited.'
See rnfra Section lll(B). Because the SMB Petition constitutes-and would creats-an initiative
or referendum process "in regard to [a] development order," the SMB Petition violates Section
163.3167(8), Florida Statutes. The SMB Petition seeks to call a special election to amend the
City Charter in a manner that would conflict with State law (specifically, Section 163.3167,
Florida Statutes). Accordingly, the SMB Petition is unconstitutional on its face and in its entirety,
and may not be submitted to the City's voters.
Page 327 of 356
Save MiamiBeach 2016 Petition
July 20, 2016
Page 2
lll. Legal Analysls
The right of citizens to legislate via referendum has been recognized by both the United
States Supreme Court, Eastlake v. Forest City Enters., lnc., 426 U.S. 668 (1976) and the
Florida Supreme Court, Fla. Land Co. v. City ot Winter Spnhgs, 420 So. 2d 170 (Fla. 1983). ln
Florida, there are constitutional and statutory limitations on citizen petition initiatives directed at
local governments. Those constraints affect initiatives involving land use decisions and
referenda.
Courts will not enjoin a proposed referendum or an initiative's ballot language unless it is
facially unconstitutional in its entirety. See City of Boca Raton v. Siml,96 So. 3d 1140, 1142
(Fla. 4th DCA 2012). ln fact, "'even though segments of the proposal or its subsequent
applicability to particular situations might result in contravening the organic law,' it must be
submitted to the electorate." Citizens for Responsible Groutth v. City of St. Pete Beach,940 So.
3d 114,114647 (Fla. 2d DCA 2006). 'Only when a petition is unconstitutional in its entirety
may it be precluded from placement on the ballot.' ld. al1'147. Therefore, if the City finds that
the SMB Petition is unconstitutional in its entirety, it would be ineligible for placement on the
ballot.
A. FloridaConstitution
Article Vl, Seclion 5 of the Florida Constitution provides that '[s]pecial elections and
referenda shall be held as provided by law." Florida courts have confirmed that'as provided by
law,' as used in the Constitution, means 'as passed by an act of the legistature." Holzendort v.
BeL 606 So. 2d 645, 448 (Fla. 1st DCA 1992). Accordingly, citizen petitions for referenda may
only be approved where the legislature has specifically allowed the subject matter of the petition
to be addressed through a referendum. Archstone Palmetto Park, LLC v. Kennedy,132 So. 3d
347, 350 (Fla. 4th DCA 2014) ('ln Florida, the availability of the referendum is constrained to
those situations where 'the people through their legislative bodies decide it should be used.'")
(quoting Fla. Land Co.,427 So. 2d at172-73).
UnderArticle Vlll, Section2 of the Florida Constitution, municipalities 'may exercise any
power for municipal purposes unless othenrvise provided by law.' Accordingly, "a municipality
may not properly exercise its legislative power by enacting an ordinance that conflicts with an
existing state statute.' W. Palm Beach Assh of Firetighters, Local Union 727 v. Bd. of City
Comm'rs,448 So. 2d,1212,1215 (Fla.4th DCA 1984). lt would, therefore, be unconstitutional
for the City to enact a charter amendment that conflicts with state law. See Citizens for
Responstb/e Grovvth, 940 So. 3d at 1147 (noting that "concunent legislation by municipalities
may not conflist with state lau/). The constitutionality of the SMB Petition requires an analysis
of the limitations on municipal authority set out in Florida law.
B. Florida Statutos
Under Section 166.031(1), Fla. Stat., the electors of a municipality may "by petition
signed by 10 percent of the registered electors...submit to the electors of said municipality a
proposed amendment to its charter, which amendment may be to any part or to all of said
charter except that part describing the boundaries of such municipality.'
Sections 163.3167(8Xa) and (b), Fla. Stat. prohibit, respectively, an "initiative or
referendum process in regard to any development ordef and "any local comprehensive plan
Page 328 of 356
Save MiamiBeach 2016 Petition
July 20, 2016
Page 3
amendment or map amendment.' Development Order is defined as "any order granting,
denying, or granting with conditions an application for a development permit." Fla. Stat. $
163.3164(15). Development Permit includes "any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official action of local
govemment having the effect of permitting the development of land.' ld. S 163.3164(16).
C. Countv and Citv Charterc
ln addition to the limitations of general law, initiatives are also subject to the limitations of
the charters of Miami-Dade County and the City of Miami Beach. Article Vll of the City's Charter
provides that citizens may use the initiative petition process to adopt ordinances. The City
Charter does not provide a procedure for amending it through the initiative process, lnstead,
Section 6.03 of the Miami-Dade County Charter -provides for the exclusive method of adopting,
amending, or revoking municipal charters [within Miami-Dade County].' Miami Beach Charter $
7.01 (Editot's Notes). The electors of Miami Beach may amend the City's Charter by initiative
petition following the procedures and subject to the substantive limitations set forth in Florida
law and the Miami Dade Charter.
D. The SMB Petition Limitino Buildino Heiqht
The maximum building height in any zoning distict within the City
of Miami Beach shall not be increased by zoning or land
development rcgulation, text or map amandment, transfer, or any
other means from its curent maximum building height as ff exisfs
on the date of adoption of this Chafter Amendment, except for
variances no greater than three feet, and height regulation
exceptions in City Code section 142-1161 in existence on January
1, 2016, unless any such increase in maximum building height
shall first be approved by a vote of the electors of the City ot
Miami Beach. This provision is effective on the date of its
approval by the electors of Miami Beach.
The SMB Petition, the text of which is set forth above, restricts the ability of the City to
increase the maximum building height (as it exists on the date of approval) in any zoning district,
except for a varian@ no greater than three feet. Any variance greater than three feet must be
submitted to the voters for approval in a referendum. There are several legal defects in this
petition.
First, the SMB Petition would establish an unconstitutional referendum power in the City
electors not allowed by Florida !aw. As discussed above, the referendum power is delegated to
the people exclusively by the legislature. Fla. Const. Art. Vl, $ 5 ('special elections and
referenda shall be held as provided by law.'). Therefore, "it is beyond the power of the
eleclorate to say what shall or shall not be done by referendum." Op. Att'y Gen. Fla. 95-32, at.7 (1995) (citing Holzendofi,606 So. 2d at 648). The citizens, through an initiative petition,
cannot confer upon themselves the power to approve or deny zoning variances by referendum.
See F/a. Land. Co., 427 So. 2d at 172-73 (the referendum power can be exercised "wherever
the people through their legislative bodies decide that it should be used') (emphasis added).
Second, the SMB Petition violates Section 163.3167(8Xa) by imposing limits on the
City's ability to issue development orders, rezonings, variances and other decisions regulating
Page 329 of 356
Save MiamiBeach 2016 Petition
July 20, 2016
Page 4
height, an essential element of development. Section 163.3167(8)(a) prohibits an 'initiative or
referendum process in regard to any development order.' The decisions of the Gity
Commission regarding height that are the subject of the SMB Petition are all in regard to a-development order,' as that term is defined in the statutes and has been broadly construed by
the courts. See Fla. Stat. $ 163.3164(15)-(16); see a/so Graves v. City of Pompano Beach,74
So. 3d. 595, 598 (Fla. 4th DCA 2011) (holding that a plat approval was a development order
based on the definition of "development" found in Fla. Stat. $ 380.04). Development is defined
as "the carrying out of any building activity...[or]the making of any material change in the use or
appearance of any structure or !and." Fla. Stat. S 380.04 (incorporated by reference in Section
163.3164(14)). The court in Graves used this expansive reading of 'developmenf'to hold that a
plat approval was a development order because of its 'attendant development consequences.'
Grayes, 74 So. 3d at 599. Similarly, the SMB Petition has development consequences and is
therefore prohibited by Section 163.3167(8)(a), as it is'in regard to'a development order.
Finally, subjecting individual variance or rezoning applications to a referendum raises
due process concems. Variances and other types of individualized, quasi-judicial or
administrative zoning decisions should not be left to the electors. Archstone Palmetto Park, 132
So. 3d at 351 ("fl-lhis Court noted 'the due process problems associated with subjecting small
property owners to public referendum votes when they would othenrise be entitled to a quasi-
judicial heailng and ieview procedures.'') (citing Preserue Palm Beach PAC v. Town of Palm
Beach,50 So.3d 1176, 1179 (Fla.4th DCA 2010)). Forexample, the City Code currently
provides a set of seven criteria that the 'applicable board' must find 'in order to authorize any
variance from the terms of these land development regulations.' See City Code Section 118-
353(d). Subiecting a variance or rezoning determination to referendum would usurp the current
review and approval process found in the Code and removes the procedural safeguards
cunently in place. See City Charter Section 8.O4 ("ln case of conflic,t between the provisions of
this Charter and the provisions of the City's Related Laws, Charter terms shall control.').
lV. Goncluglon
The SMB Petition has several constitutional and statutory defects. First, it would allow
the electors of Miami Beach to establish a referendum power that is not authorized by state law
and therefore violates Article Vl, Section 6, of the Florida Constitution. Second, The SMB
Petition violates Fla. Stat. S 163.3167(8)(a) because the SMB Petition is 'in regard to any
development order." lt would be an unconstitutional use of municipal power to implement a
charter provision that is contrary to state law. Finally, there are also due process concerns if
land use decisions for individua! landowners are subjected to voter referendum without the
procedural safeguards cunently provided for by the City Code. For the reasons noted above,
and according to the Florida Constitution and Florida Statutes, the SMB Petition is ineligible for
placement on the ballot.
Page 330 of 356
MIAMIBEACH
OFFICE OF THE CITY CLERK
ITC No.: 302-2016
FROM:
CC: Raul J. Aguila, City Attomey
Jimmy L. Morales, City Manager
DanielCiraldo, Chairperson Save Miami Beach 2016
DATE: July 18, 2016
SUBJECT:Certification Of Signed Petitions Submitted By "Save Miami Beach 2016,' a PoliticalCommittee,
Petitioning The City Commission To Submit To Thc Electors O,f Miami Beach An Amendment To
Section 1.03 of The Miami Beach City Charter.
Pursuant to SEclion 7.04 of the Miami Beach City Charter and Section 6.03(A) of the Code of Miami-Dade
County, on July 5, 20'16, the City Clerk transmitted the original signed petitions eubmitted by "Save Miami
Beach 2016," e Political Committee, to the Miami-Dade Coun$ Elections Departrnent to determine if lhe
petitions had been signed by ten percent (10%) of the qualified electors of the City of Miami Beach.
According to the Miami-Dade County Elections Department, as of November 3, 2015, the City of Miami
Beach had 44,576 registered voterB, thue requiring the signatures of 4,458 qualified electors to callfor an
election to am€ncl the City Charter.l
The Miami-Dade County Elections Department has completed the comparison of sQnatures on the
submitted petitions against signatures on the voter rolls for the City of Miami Beach, and has determined
that out of thetotal4,El2 signatures submitted, 2,300 are certified as matching the signatures on the voter
rolls of the Crty of Miami Beach. A copy of the Certification is attached hereto.
Accordingly, the Ci$ Clerk will formally present to the City CommiEsion at the July 20, 2018
Presentalions/Commission Meeting the attached Electione Department Cerlificate evidencing that the
subject initiatlve petltlon does not contain the requisite amount of signatures.
lf you have any questions, please contact me at Extension 6451.
REG/Ih
Ailachment
F \CLERIC!ER\d,O-ELECTI0ilE@ 20r0 NOV 6PEClAl ELECTlOMSavc Mrmr gcldr 20't6 - P.trtr6\LTCI\LTC 3 Rr C.dili6t,s cll Srv! Mimr 6rxrr 20tO.doc
' The benchmark date for the Supervisor to makE the calculation regarding signature sufficiency is
November 3, 2015, which ie the date of th€ City's last General Election - this date conforms to Florida
Statute Section 166.031, which readg ".,.The governing body of a municipality may ... by petition signed by
10 perccnt of the registered electors as of the last preceding municipal general election, submit to the
electors of Eaid municipali$ a proposed amendment to its charter.,.'. As indicated by the Official Results of
the Novembor 3, 2015 General Election, the number of Registered Voters on that day was 44,576. Thus,
4,458 valid signatures are neceslnry.
LETTER TO COMMISSION
Mayor Philip Levine and Members of the CityCommission
Rafaet E. Granado, City cterk A4
Page331 of356 Exhibit "A"
ffiffiD
miani&d..!ov
July 18,2016
Elcctions
2200 NW 67th Avenue
_ Miami, Flodda 33 t 72
T 105-499-8683 F 305-499-ss47
TTY 305-499-8480
RahdE. Granado
City Clcrk
Clty of MiemiBeach
1700 Convention Csntcr Drive
MlamiBcach, FL 3g1gg
Dear Mr. Granado:
The Miami'Dade Ehctionr Departnent has completed the veriftcafion of Batch 1 of thepefiflonr submrtr.d bv save Mlami Bd;I_p10!.il;rihii;mmnbe ro amcnd sec_iion
#.3r1,1f0ff".9.m. A to,.r or diri-pii*o,il";,o;bmd i;,;,#;;on; or
Ag ruch' pleau find the certification for the petiilon encloocd.. pho_uld you hare anyquer0ono or cono!m!, plcarc bcl fro€ ; ^con'taa uicrrJrre rticctain, DepuU supeMrorof Etec.tionr for Voter Sdrvicea at ioiieb-Bsoz.
Encloaura (1)
Supervlror of Eledions
Page 332 of 356
ffiE
ml.nld.dc.py
CERTIFICATION
Batch # I
STATE OF FLORTDA)
couNTY OF M|AM|-DADE)
l' chrlrtina whito. supervisor of Eleclions_ of Miami-Dade coufi Florida, do hcrcbyfg!?!.l$ligneturer cuomitoo-'uib.- tftt ii"-rt-iorr b rrrr*rr !era.nr-
Ebclions
2700 NW gTth Avenue
Miami, Florida 3Jt 22
T 305{99-8681 r t05-499-s547
TTY 305.499-8480
matchrd ure dgnilurc! onmG;
WITNESS MY HAND
AND OFFICIAL SEAL,
AT MIAMI, MIAMT.DADE
COUNTY, FLORIDA,
ON THIS 18OI DAY OF
JULY,2016
Page 333 of 356
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MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE
CLEVELANDER.
ANALYSIS
Proposal:
1. All sidewalk cafe tables must be moved immediately to the rliest part of the sidewalk abutting
private property. There must be an unobstructed S-foot pedestrian path from the edge of the
east part of the sidewalk going west. ln some cases, this may require a business to lose a trable
or 2 to comply with this. Because of its unique configuration of retail facing the sEeet, Itlango's
will not have to comply with the above as long as it maintains a clear S-foot pedestrian pathway.
2. lf necessary to create an unobstructed S-foot path on certain parts of Ocean Drive, trees on
the eastem part of the sideraralk will be removed and the ground filled with asphalt. lf tree is not
removed, then tree grate must be filled per City Code.
3. All umbrellas must adhere to the City's newguidelines, with some tweaking as was discussed
at last HPB. City will give businesses 90 dap to buy the new umbrellas. After 90 days,
umbrellas not in compliance will be illegaland cannot be used. Regarding the above, [\rlango's is
seeking a different awning and umbrella plan.
4. Umbrellas must be low in height so al! hotelfacades to be Msible. Umbrellas must be square
or rectangular and comply with City pastel colors. Umbrellas must be clean and vvell maintained
at all times. Umbrellas must remain in closed position unless required by weather to be open
(sun or rain). So, if it's at night and not raining, umbrellas must be closed. (The height, size and
type of new umbrellas proposed by Planning to HPB last month are all considered fine by
Clevelander.) Regarding the above, llango's is seeking a different awning and umbrella plan.
5. Franchised restauranE (like Johnny rockets, [VlcDonald's, etc.) and franchised retrail stores
(like CVS) will be banned on Ocean Drive although existing fr:anchised restaurants and retail ard
will be grandfathered.
6. Retail establishments on Ocean Drive will not be able to exceed a certiain maximum size so
New Business and Commission Requests - R9 G
COMlTSSloN MEII/IORAN DU M
Honorable [Vlayor and [Vlembers of the City Commission
Vice Mayor Michael Grieco
July 20,2016
Page 351 of356
that its clear they are just accessory to a main use and not big standalone retail. Variances are
rot permitted to be granted in order to exceed maximum size.
7. A Cabaret District Overlay Zone will be created from 9th to 11th Streets. lnside the cabaret
district, if any establishment wants to operate betvrreen 2 am and 5 am, they must contribute
money to a pool of funds for the businesses on that block to hire at least 2 off duty Police
Officers or private security to patrol the sidewalk on that block between 2 am and 5 am. Each
property must clean the sidewalk in front of its propefi at least hourly bet 2 am and 5 am.
8. Oubide the Cabaret District no liquor seMce or consumption after 2 am. Exemption for loud
music traveling east is repealed.
9. All live entertainment banned unless inside Cabaret District.
10. lmmediate implementiation of sidewalk standards proposed by task force, such as rules on
food and menu displays. Failure to comply leads to suspension of business license until
compliance.
11. Hauking by restiaurant waiters will be considered a criminal offense for the raraiter and the
business.
12. BID will be created so that Ocean Drive businesses will tax themselves for more services
on the street. However if 2 am liquor cutoff imposed on Clevelander and [vlango's then those 2
busiresses will vote no on BID and lobby heavily for other property owners to vote no.
13. All street vendors and promoters passing out flyers, product samples and similar items on
the sidewalk will be banned.
Unless othenaise noted, all items above to go into effect within 45 days after Commission
action.
Cunent proposals lor 2 am law and straw ballot and repeal exemption for noise going east to be
withdrawn.
Clevelander and lvlango's Ownership and Management will move forward with a training and
certification progrcm wtrere all Ocean Drive caf6 operators must participate and sign a Code of
Conduct. Al! team members (Hourly and Management) will be required to be certified in
operating protocol and service principles and be renerrved annuallywith sidewalk caf6 permit.
Legislative Tracking
Vice [vlayor Michael Grieco
Page 352 of 356