20161214 AM2MIAMI BEACH
Gity Commission Meeting
ADDENDUM MATERTAL 2 (12t12t2016)
City Halt, Commission Chambers, 3'd Floor,ITOO Convention Center Drive
December 14,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Com m issioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Com missioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any Iobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the Gity Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
G4 - Gommission Committee Assiqnments
C4 U REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE A DISCUSSION OF
ACTIVE DESIGN MIAMI: DESIGN & POLICY STRATEGIES FOR HEALTHIER COMMUNITIES.
Commissioner Micky Steinberg
Addendum added on 1211212016
C4 V REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - WAIVER OF
OUTSTANDING PARKING LIEU FEES FOR RED STEAKHOUSE, 119 WASHINGTON AVENUE.
Commissioner Michael Grieco
Addendum added on 1211212016
1
Addendum 2, December 14,2016
G7 - Resolutions
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS DECEMBER 9, 2016 MEETING APPROVING THE PLACEMENT OF
A COMMEMORATIVE PLAQUE AT THE BELLE ISLE PARK FLAG POLE IN HONOR OF THE
HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR THEIR
SERVICE AND, PURSUANT TO SECTION 82-504(a)OF THE CITY CODE, SETTING A PUBLIC
HEARING FOR JANUARY 11, 2017 TO CONSIDER THE PLACEMENT OF THE
COMMEMORATIVE PLAQUE, AND DIRECTING THE CITY CLERK TO PUBLISH THE
APPROPRIATE PUBLIC NOTICE.
Parks and Recreation
Addendum added on 1211212016
R5 - Ordinances
R5 L TC NORTH BEACH TOWN CENTER DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BYAMENDING CHAPTER142, 'ZONING DISTRICTS AND REGULATIONS'
ARTICLE II ''DISTRICT REGULATIONS", DIVISION 20 -TC NORTH BEACH TOWN CENTER
DISTRICTS', TO REPEAL ORDINANCE 2016-4028,IN ORDER TO DECREASE THE ALLOWABLE
HEIGHT FOR BUILDINGS IN THE TC-1 TOWN CENTER CORE DISTRICT TO 75 FEET AND TO
MODIFY SETBACK REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
First Reading Planning / Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
Addendum added on 121212016
R5 M 6I7TH VOTING REQUIREMENT TO INCREASE BUILDING HEIGHT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE III, "AMENDMENT PROCEDURE," TO REQUIRE A 6/7TH VOTE OF
THE CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT BY MORE
THAN TEN (10) FEET rN ANY ZONTNG D|STR|CT (EXCLUDTNG THE CCC CtVrC AND
CONVENTION CENTER DISTRICT AND GU GOVERNMENT USE DISTRICT), EXCEPT FOR
HEIGHT REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-1161, AND
EXCEPT FOR HETGHT WATVERS PURSUANT TO CtTy CODE SECTTON 142-425(D), AND TO
REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR REPEAL THIS
ORDINANCE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
First Reading Planning / Office of the City Attorney
Com m issioner Kristen Rosen Gonzalez
Addendum added on 1211212016
2
Addendum 2, December 14,2016
R7 - Resolution
R7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LINCOLN
RD BUSTNESS TMPROVEMENT DISTRICT, tNC. ("LRB|D',), tN ORDER TO PROVTDE THE LRBID
WITH AN ANNUAL CONTRIBUTION OF $160,000 TO FUND THE LRBID'S PURCHASE OF
AMBASSADOR AND SECURITY SERVICES FOR THE AREA LOCATED WITHIN THE LINCOLN
ROAD BUSINESS IMPROVEMENT DISTRICT, WHICH SERVICES SHALL BE PROVIDED BY
MYDATT, SERV|CES, tNC., DBA BLOCK BY BLOCK, FOR A TERM OF ONE (1) YEAR, WITH UP
TO TWO (2) ONE-YEAR RENEWAL TERMS.
Property Management
Addendum added on 1211212016
R9 - New Business and Gommission Requests
R9 N DISCUSSION REGARDING HOLIDAY LIGHTING IMPROVEMENTS.
Commissioner Kristen Rosen Gonzalez
Addendum added on 1211212016
3
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4
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE SUSTAINABILIry AND RESILIENCY COMMITTEE A
DISCUSSION OF ACTIVE DESIGN MIAMI: DESIGN & POLICY STRATEGIES
FOR HEALTHI ER COMMUNITI ES.
ANALYSIS
Please add to the December 14,2016 City CommissionAgenda a Refenalto the Sustainability
and Resiliency Committee a discussion of Active Design Miami: Design & Policy Strategies for
Healthier Communities.
Legislative Tracking
Commissioner Micky Steinberg
Commission Committee Assignments - C4 U
COMMISSION METIJORAN DU M
Honorable Mayor and Members of the City Commission
Comnissioner Micky Steinberg
December 14,2016
Page 236 of 1355
5
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6
Commission Gommiffee Assignments - C4 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: CornmissionerMichaelGrieco
DATE: December 14,2016
SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - WAIVER
OF OUTSTANDING PARKING LIEU FEES FOR RED STEAKHOUSE, 119
WASHINGTON AVENUE.
Leqislative Trackino
Commissioner Michael Grieco
ATTAGHMENTS:
Description
n Attachnrent
o email
Page 237 ot 1481
7
ALEXANDER I. TACHMES, ESQ,
PARTNER
Shutts & Bowen LLP
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
DTRECT (305) 347^7341FAX l305l 347-7754
EMAIL ATachmes@shutts.com
May3,2A16
Mayor and Commissioners of the City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Red the Steakhouse, 119 Washington Avenue - Parking Impact Fees for Prior
Years
Dear Mayor and Commissioners:
We represent Red the Steakhouse ("Red"), which is an outstanding and prominent restaurant
located at 119 Washington Avenue. The restaurant opened at this location in 2008. There is a
discussion item on your May I I agenda relating to parking impact fees assessed to Red for the
years 2010-2015. Because Red actually provided all of its required parking on-site for those
years, ths assessment of parking impact fees for those years is in error and, thus, those fees
should be waived.
Under the City Code, in certain areas of the City, a business is allowed to pay a fee in lieu of
providing parking spaces in the event that the business cannot supply all of its required zoning
parking on-site. In addition to the Code provisions relating to parking fees in lieu of providing
actual spaces, the Code also contains provisions relating to "shared parking."
As indicated above, Red is located at 119 Washington Avenue, which is an office building with
an attached garage. Other than Red, which occupies the ground floor retail space, all of the other
tenants in the building are offices, including law offices, real estate company offices and medical
offices. Red, which is open only for dinner, is the only tenant in the building that uses its space
at night. All of the other tenants in the buiiding use their space only during the day.
Consistent with the operating hours of the uses as described above, the attached garage
containing 103 parking spaces also is used by Red only at night and is used by the other tenants
only during the day. Therefore, this situation presents a classic case of "shared parking." There
is no need for Red to provide its own separate, additional parking spaces in addition to the 103
spaces in the garuga The Code allows Red to fulfill its zoning required parking by "sharing" the
spaces in the garage with the daytime tenants since Red and the daytime tenants use the garage at
different times of the day and night.
MTADOCS 12895748 I
SHUTTS.CO'A I FORTLAUDERDALE I
'{IAT.1I
I ORLANDO I SARASOTA I TALLAHASSEE I TAI'iP,{ I WESTPALMBEACI.I
Page 238 ol 1481
8
Mayor and Commissioners of the City of Miami Beach
May 3, 2016
Page2
Due to a misunderstanding between our client and the City when our client opened its restaurant
in 2008, the City told Red that it needed to provide 25 parking spaces in addition to the 103
spaces in the garage. Because those spaces could not be provided, the City told Red it needed to
pay an annual parking impact fee. This conclusion was wrong because, since 2008 as indicated
above, Red was supplying all of its zoning required parking on-site through shared parking.
Nonetheless, our client followed the City's instructions and proceeded to pay the City the annual
parking impact fees and to date has paid the City $66,500 in annual fees. The City is now
claiming a balance due of $90,800 for unpaid parking impact fees for the years 2010-2015. (The
above amount for 2010-2015 was not billed by the City until recently.)
Upon learning of the misunderstanding above, we filed an application on behalf of our client so
that Red could get formal City approval to participate in the "shared parking" program under the
Code and not be assessed for any future parking impact fees. That application was granted and,
as a result, the assessment of annual parking impact fees has ceased perrnanently commencing
with the 2015-2016 fiscal year. However, the issue of parking impact fees for prior years
remains.
Although Red is not seeking to be paid back for the parking impact fees it paid for the years
2008-2010, it is seeking a waiver of the fees claimed for 2010-2015. Given the fact that Red
always qualified for the shared parking program and always had enough parking on-site, it would
be unfair and inequitable to insist that Red also pay impact fees in lieu of providing parking. For
the same reasons that Red's annual parking impact fee has now been eliminated going forward,
Red also should not owe fees for prior years. Red always had sufficient parking on-site based on
the sharedparkingprovisions of the Code. Therefore, we are seeking a waiver of fees claimed
for prior years in this very unique situation.
We discussed this matter with the City Manager. The Manager indicated he would have no
objection to the waiver if the Commission voted to waive the fees in this case.
We discussed the matter with the Chief Deputy City Attorney, who advised that the Code does
not currently contain a provision allowing the Commission to waive parking impact fees in this
case. Accordingly, if the Commission is supportive in concept of our request for a waiver, we
would proffer a nalTow code amendment so that the waiver could be granted in this unique case.
The proffered code amendment language is below.
Article V. Fee in Lieu of Parking Progrant
Section 130-133
(/) Waiver o.f Past Due Fees in Soecial Circumstances. If the City Commission makes a
finding that a business quali/ied in the past under the shared parking provisions of Article VIII of
this Chapter but no application for shared parking had been submitted Jbr those prior years,
then the City Commission shall have the authority by resolution to waive any fees in lieu of
MIADOCS 12895748 I
SHUTTS.CoA|i I FORTLAUDERDALE I MlAr{l I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WESTPALMBEACH
Page 239 of 1481
9
Mayor and Commissioners of the City of Miami Beach
May 3, 2016
Page 3
parking that remain unpaid from that business Jbr those years when shared parking could have
been in effect.
We respectfully ask that the Mayor and Commission support our request for a waiver of past
parking impact fees in this unique case so that an unfair result can be avoided. Thank you.
Sincerely,
Shutts & Bowen LLP
Alexander I. Tachmes, Esq.
AIT/sm
cc: Brad Friedlander, Owner, Red the Steakhouse
Jimmy Morales, Esq., City Manager
Raul Aguila, Esq., City Attorney
Eve Boutsis, Esq., Chief Deputy City Attorney
Susy Torriente, Assistant City Manager
Tom Mooney, Planning Director
MIADOCS 12895748 |
sHUTTS.COrvt I FORTLAUDERDALE I MIA/r4l I ORLANDO I SARASOTA I TALLAHAS9EE I TAMPA I WESTPALMBEACH
Page240 of 1481 I
10
Granado. Rafael
From:
Sent:
lo:
Subject:
Grieco. Michael
Thursday, March 24, 20L67,L4PM
Granado, Rafael
April Commission agenda
Waiyer of outstanding parking lieu fees for Red Steakhouse, 119 Washington Avenue
Please include this brief memo in the item.
The issue is that Red should never have had to pay annual parking impact fees because it fully satisfies its parking
requirement under the "shared parking" provisions of the city code. As we know, in certain parts of the city, a business is
allowed to pay an annual parking impact fee in lieu of providing actual spaces on site or within a permitted radius. In the
I l9 Washington Avenue building, all tenants except Red use the parking garage only during the day. Red is the only
tenant that uses the garage at night. Therefore, there is ample parking available at night in the garage and Red can provide
all of its required parking spaces onsite.
After much back and forth with the City, staff has agreed that Red meets its total parking requirement onsite under the
shared parking provisions of the City Code and, thus, Red owes no annual parking impact fees going forward. (The
annual parking impact fees have stopped retroactively to Oct 1 , 20 I 5,) However, there is still the matter of annual parking
impact fees due for prior years. For the period 20 l0-20 I 5, the Ciry claims that Red owes approximately $90,000 for past
due parking impact fees.
The business is seeking a waiver, which I support, of the past due fees because the shared parking program under the City
Code should have been applied to Red going back to its opening in 2008, The circumstances back in 200E were exactly
the same as they are now. For the period 2008 to the present, Red has been the only tenant who has been open at night at
1 19 Washington Avenue. Because Rsd has been the only night-time tenant since it opened, it always qualified for the
shared parking program, including from 2010-2015 which is the period of time that is the subject of the City's claim for
past due fees,
Due to a misunderstanding benveen the City and Red, the staff told Red when it opened in 2008 that Red had a deficiency
in terms of parking spaces and needed to pay a parking impact fee. Due to that misunderstanding, Red proceeded to pay
annual parking impact fees from 2008-2010. The amount paid by Red was in the thousands of dollars. And keep in mind
that Red paid these parking impact fees even though it had enough parking and shouldn't have owed anything.
Although Red is not seeking to be paid back for the parking impact fees it paid for the years 2008-2010, it is seeking a
waiverofthefeesclaimedfor20l0-2015. GiventhefactthatRedalwaysqualifiedforthesharedparkingprogramand
always had enough parking onsite, it would be unfair and inequitable to insist that Red also pay parking impact fees, For
the same reasons that Red's annual parking impact fee has now been eliminated going forward, Red also should not owe
fees for prior years, Red always had sufficient parking onsite.
This is obviously a very unique circumstance and I strong believe that the equitable move is to waive fees that the staff
has recognized should not be assessed.
Michael Grieco
MIAMIBf,ACH
Michael C. Grieco
Pase${!$f 1481
Agenda ltem Rt D .
oate- s-T[]lE-
11
Commissioner
OFFICE OF MAYOR AND COMMISSION
l700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7204 / Fax: 305-673-7096 / www.rq-iamibeachfl.gov
IYe are conmilted to providing excellent publ ic semice and safety to all who live, vork and plry in our vibrant, tropical, histolic
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SIGN UP FOROUR N'IIS['M'R HERE
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Page$Df 1a81
12
Resolutions - G7 W
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
December 14,2016
MIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS DECEMBER 9,
2016 MEETING APPROVING THE PLACEMENT OF A COMMEMORATIVE
PLAQUE AT THE BELLE ISLE PARK FLAG POLE IN HONOR OF THE HEROIC
MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR
THEIR SERVICE AND, PURSUANT TO SECTION 82-504(a) OF THE CITY CODE,
SETTING A PUBLIC HEARING FOR JANUARY 11,2017 TO CONSIDER THE
PLACEMENT OF THE COMMEMORATIVE PLAQUE, AND DIRECTING THE CITY
CLERK TO PUBLISH THEAPPROPRIATE PUBLIC NOTICE.
RECOMMENDATION
City Comnu'ssion vote to accept the recomnendation of the Neighborhood/Community Atfairs
Committee at its December 9, 2016 meeting approving the placenent of a conurerrorative plaque at
the Belle lsle Park flag pole in honor of the heroic men and wornen in the Arned Forces and First
Responders for their service and, pursuant to Section 82-504(a) of the City Code, setting a public
hearing for January 11, 2017 to consider the placenent of the comrtsmorative plaque, and directing
the City Clerk to publish the appropriate public notice.
ANALYSIS
The Belle lsle Residents Association has recently worked together with City Staff on the placenrent of
a flag pole at Belle lsle Park. With the placenent of the flag pole completed, there is a strong desire
by the residents to place a comrrernorative plaque at the foot of the flag pole honoring the heroic
nen and woren who serve.
At the October 26,2016 City Commission neeting, a refenal to the NeighborhoodlConnnunity Affairs
Committee (NCAC) was nade to consider approving the placement of a plaque at the Belle lsle Park
flag pole honoring the heroic nen and woren in the Arnred Forces and First Responders for their
service.
The item was placed on the November 18, 2016 NCAC agenda, but was deferred. At the December
9,2016 NCAC meeting, the committee unaninrously approved the placement of the plaque at the
Belle lsle Park Flag Pole, to be rnoved to the full Commission with direction for the City Manager to
provide funding.
Page 663 of 1457
13
Pursuant to Section 82-504 of the City Code concerning the establishnent of rnonurnents and
memorials, the City Commission is required to have majority vote on the NCAC's recommendation.
Thereafter, the City Commission nny consider the proposal at a public hearing and the proposal be
accompanied by a written analysis prepared by the City Administration, detailing the estinnted costs
for the design, fabrication, installation, and on-going nnintenance of the proposed rnonunent or
nerprial.
At the close of the City Commission public hearing, the approval of the proposal requires a Sfiths
vote. Unless erpressly provided othenruise in the City Commission Resolution approving the
nnnunrent or menprial, the approval shall establish the presumption that the City shall assume the
costs associated with the ongoing rnaintenance of the approved npnunent or rnemorial.
Exhibit A presents the proposed plaque design and the cost for the production and installation of the
plaque which is estinrated at $1,375.85. All future naintenance costs of the plaque will be covered by
the City.
Legislative Tracking
Parks and Recreation
Page 664 of 1457
14
Ordinances - R5 L
MIAMI BEACH
TO:
FROM:
DATE:
COMMISS ION METIIIORAN D U M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
December 14,2016
First Reading
SUBJECT TC NORTH BEACH TOWN CENTER DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BYAMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II
"DISTRICT REGULATIONS", DIVISION 20 "TC NORTH BEACH TOWN CENTER
DISTRICTS", TO REPEAL ORDINANCE 20164028, IN ORDER TO DECREASE
THE ALLOWABLE HEIGHT FOR BUILDINGS IN THE TC-1 TOWN CENTER
CORE DISTRICT TO 75 FEET AND TO MODIFY SETBACK REQUIREMTNTS;
PROVIDING FOR REPEALER; SEVERABILITY CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission discuss the proposed ordinance and if
approved at First Reading, refer the item to the Planning Board for review and consideration prior to
Second Reading.
ANALYSIS
BACKGROUND
At the request of Commissioner Kristen Rosen Gonzalez, the City Attomey's Office drafted the
attached ordinance for First Reading, pertaining to the proposed repeal of Ordinance No. 2016-
4028.
LEGISLATIVE HISTORY
On May 11,2016, at the request of Commissioner John Alem6n, the City Commission refened
the subject Ordinance amendment (ltem C4l) to the Land Use and Development Committee
(LUDC). On June 15, 2016, the LUDC endorsed the proposal and recommended that the
boundaries for the proposed height increase be consistent with the recommendation of the
North Beach Master Planner. On June 8,2016, at the request of CommissionerAlemdrn, the City
Commission refened the subject Ordinance amendment (ltem C4D) to the Planning Board.
On June 28, 2A16, the Planning Board (by a 4-1 vote) transmitted the proposed ordinance
amendment, with a revised title, to the City Commission with a favorable recommendation. The
Page711 of 1355
15
Planning Board also recommended that the required setbacks be incorporated into section 142-
737(b). This change has been included in the attached ordinance.
On July 13,2016, the City Commission approved the Ordinance at First Reading and set a
Second Reading Public Hearing for September 14, 2016. On September 14,2016, the subject
ordinance QA164028) was adopted.
CONCLUSION
The Administration recommends that the City Commission discuss the proposed repeal
ordinance and, if approved at First Reading, refer the item to the Planning Board for review and
consideration prior to Second Reading.
Legislative Tracking
Planning / Office of the CityAttomey
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTAGHMENTS:
Description
n Ordinance
Page712 of 1355
16
TC NORTH BEACH TOWN CENTER DISTRIGTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COIiMISSION OF T}IE CITY OF
MIAT'II BEACH, FLORIDA, AMENDING THE LAND DEVELOPiNENT
REGULATIONS OF THE GODE OF THE CITY OF MIAMI BEACH, BY
AiIENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS'
ARTICLE II "DISTRICT REGULATIONS'" DIVISION 20 ''TC NORTH BEACH
TOIfUN CENTER DISTRICTS", TO REPEAL ORDINANCE 2016-4028, tN
ORDER TO DECREASE THE ALLOWABLE HEIGHT FOR BUILDINGS IN THE
TC.1 TOWN CENTER CORE DISTRICT TO 75 FEET AND TO IIilODIFY
SETBACK REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, on September 14, 2016, the Mayor and City Commission adopted
Ordinance 20164028; which increased the height of the TC-1 district to 125 feet; and
WHEREAS, the City desires to repeal that action and to bring the height for the TC-'1
district back to 75 feet and to modifu the setbacks according, to allow, the TC-1 district
regulations to reflect the pre-September 14,2A16 regulations; and
WHEREAS, the arnendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDATNED BY THE MAYOR AND CITY COTUITIISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Article ll entitled "Dlstrict Regulations", Division 20'Tc North
Beach Town Center Districts" is hereby amended as follows:
Sec. 142-737. Development Reoulationg.(a) The development regulations in the TC-1, TC-2 and TC-3 town center districts are as
follows:
District Maximum Floor Area
Ratio
(FAR}
Maximum Building
Height
Maximum Number
of Stories
TC-1 Town
Center
Core
For lots equalto or less
than 45,000 sq. ft.-2.25
For lots greater than
45,000 sq. ft.-2.75
75 *25 feet.
however, bBuildings
fronting on 71st Street
shall-not exceed 50 feet
in height be+ubieet{effi
@ffi
Z {*stories.
Page 713 of 1355
17
@@
se+baek+s-
except that any portion
of the buildinqabove 50
feet shall be set back an
additional 1 fg_gt for
every 1 foot in heisht
above 50 feet
(b) Sefback requirements: The minimum setback requirements for the TC-1, TC-2 and TC-3
districts are as follows. This includes all buildings, regardless of use, and subterranean
parking structures. The minimum setbacks define the buildable area of the lot.
sEcTlolt 3. coplFrcATtoN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of ttc
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
District Front
Side
Facing
a
Street
lnterior Side Rear
TC-1
Town
Center
Core
@ffi
ffi
@ffi@
@
selbaek-ef 5 feet
5 feet
10 feet when
abutting a TC-3
district or a future
alley designated on
the infill regulating
plan; otherwise it
shall be 0 feet.
0 feet* abutting an alley or
where there is a side lot
line abutting 71st Street;
othenrise 10 feet.
*Properties between
Gollins Avenue and
Harding Avenue must
provide access to the
interior of the block for
service vehicles as
determined by the design
review process.
Page714 of 1355
18
sEcTroN,,3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
sEcTtoN 4. sEvERABtLlW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
sEcTrQN 5. EFFFCTTVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
[IAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION(-) ll nW
RaulJ. Aguila,
"r, OO*^"fuh Date
Verified -,)D
Underscgre denotes new language
$+k*n+eugFdenotes rem oved la ng uage
T:IAGENDA\20I6\SeptembedPlanning\TC-l HeightAmendment - znd Read ORD.docx
First Reading:
, AICP
Page 715 of 1355
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20
Ordinances - R5 M
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jirnnry L. Morales, City Manager
December 14,2016
MIAMI BEACH
TO:
FROM:
DATE:
First Reading
SUBJECT: 0TTHVOTING REQUIREMENT TO INCREASE BUILDING HEIGHT:
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULAT]ONS OF THE CODE OF THE CITY OF MIAMI BEACH, BYAMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES,' ARTICLE III,
"AMENDMENT PROCEDURE," TO REQUIRE A 6NTH VOTE OF THE CITY
COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT BY
MORE THAN TEN (10) FEET INANYZONTNG DTSTR|CT (EXCLUDING THE CCC
CIVIC AND CONVENTION CENTER DISTRICT AND GU GOVERNMENT USE
DrsTRrcT), EXCEPT FOR HETGHT REGULATTON EXCEPTTONS SET FORTH rN
CITY CODE SECTION 142-1161, AND EXCEPT FOR HEIGHT WAIVERS
PURSUANT TO C|TY CODE SECTTON 142425(D), AND TO REQUTRE A 6nTH
VOTE OF THE CIry COMMISSION TO AMEND OR REPEAL THIS ORDIMNCE;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recomnends that the City Commission discuss the proposed ordinance and if
approved at First Reading, refer the item to the Planning Board for review and consideration prior to
Second Reading.
ANALYSIS
BACKGROUND / SUMMARY
At the request of Commissioner Kristen Rosen Gonzalez, the CityAttorney's Office drafted the
attached ordinance for First Reading. The proposed ordinance would require a 6i7th vote of the
City Commission to approve any ordinance amendment that increases allowable building height
more than ten (10') feet in any zoning district. Exceptions to the proposed 6trth requirement
would include the Civic and Convention Center (CCC) and Govemment Use (GU) zoning
districts, height exceptions allowed under Sec 142-1161 and height waivers pursuant to Sec
142425 (d) of the City Code. A 6/7th vote would also be required to repeal or amend the
ordinance, if adopted.
CONCLUSION
Page 716 of 1355
21
The Administration recommends that the City Commission discuss the proposed repeal
ordinance and, if approved at First Reading, refer the item to the Planning Board for review and
consideration prior to Second Reading.
Legislative Tracking
Planning I Office of the CityAttomey
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Ordinance
Page717 of 1355
22
6/7th" Voting Requirement to lncrease Building Height
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF
THE CIry OF MIAMI BEAGH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING GHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE
III, "AMENDMENT PROCEDURE," TO REQUIRE A 6/7THS
VOTE OF THE GITY GOMMISSION TO INCREASE THE
MAXIMUM ZONED BUILDING HEIGHT BY MORE THAN TEN
(10) FEET !N ANY ZONING DISTRICT (EXCLUDING THE CGC
CIVIC AND CONVENTION CENTER DISTRIGT AND GU
GOVERNMENT USE DISTRICT), EXCEPT FOR HEIGHT
REGULATION EXCEPTIONS SET FORTH IN CITY CODE
SEGTION 142.1161, AND EXCEPT FOR HEIGHT WAIVERS
PURSUANT TO ClrY CODE SECTION 142-425(d), AND TO
REQUIRE A 6'7THS VOTE OF THE CITY COMMISSION TO
AMEND OR REPEAL THIS ORDINANGE; PROVIDING FoR
REPEALER; SEVERABILITY; CODIFICAT!ON; AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article l, Section 2 of the Related Special Acts, height variances
in excess of three (3) feet are not allowed in the City; and
WHEREAS, the maximum building height in any zoning districl may only be increased
by adoption of an Ordinance, which requires analysis by the Planning Departrnent, review and a
public hearing conducted by the Planning Board, and two readings and a public hearing
conducted by the City Commission; and
WHEREAS, the City Commission desires to amend the land development regulations to
require a six-sevenths (6i7ths) affirmative vote of the City Comrnission to increase the maximum
zoned building height by more than ten (10) feet in any zoning district (excluding the CCC Civic
and Convention Center Districl and GU Government Use district), except for height regulation
exceptions set forth in City Code Section 142-1161, and except for height waivers pursuant to
City Code Section 142-425(d); and
WHEREAS, the City Commission also desires to require a six-sevenths (6/7th)
affirmative vote of the City Commission to amend or repeal this Ordinance; and
WHEREAS, the amendrnent set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter llE, "Administration and Review Procedures," Article lll, "Amendment
Procedure," is hereby amended as follows:
Page 718 of 1355
23
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTIGLE III. - AMENDMENT PROCEDURE
Sec. 1{8-161. - Changes and amendrnents generally: votinq requirements of the citv
commission.
(q) Chanqes and amendments qenerallv. The city cornmission may, from time to time,
amend these land development regulations or change the zoning district boundaries. All
amendrnents shall be consistent and compatible with the comprehensive plan and shall be
enacted in accordance with the provisions of this article,
(b) Votino requirements of the citv commission.
11 An affirmative vote of five-sevenths (5/7th") of the members of the citv commission shall
be necessarv to enact anv amendment to these land development requlations.
12 Notwithstandinq subsection (b)(1), anv increase to the maximum buildins heiqht bv
more than ten (10) feet in anv zoninq district (exqludinq the CCC civic and convention
center district and GU oovernment use district) shall require an affirmative vote of six-
sevenths (6/7th") of the members of the citv commission. Building height increases
pursuant to the followinq sections of this Code shall be exempt from the votinq
requirements of this subsection (bX2):
(D Heisht requlation exceptions set forth in section 142-1 161; and
1ii1 Waivers of development requlations pursuant to section 142-425(d).
This subsection (b)(2) mav only be arnended or repealed bv an affirmative vote of six-
sevenths (6/7th') of the members of the citv commission.
a .lr *
Sec. 118-{64. - Action by city con:lmission.
Within 60 days of transmission of the recomrnendation of the planning board to the city
commission, the commission shall consider the proposed amendment as provided herein. All
the land development regulation amendments shall be enacted pursuant to the following
procedure.
(4)
The votinq requirements of the citv commission to amend these land development
requlations are set forth in section 1 18-161(b).
Page719 of 1355
24
(5) Any application for amendment to the actual list of permitted, conditional or prohibited
uses in zoning categories or to the actual zoning map designation of land or to any
other regulation in these land development regulations, or to the future land use map
of the city's comprehensive plan may be withdrawn by a request in writing by the
applicant at any time before a decision of the city cornmission, but if withdrawn after
advertisement for a public hearing or after posting of the property, the same
amendment shall not be resubmitted, except by an official of the city or the city
comrnission, sooner than one year after lhe date established for the prior hearing.
Filing fees shall not be refunded upon any withdrawal.
L*
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Cornmission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "articlel', or other appropriate word.
SEGTION 3. REPEALERI
All ordinances or parts of ordinances in conflici herewith are hereby repealed.
sEcTroN 4. SEV-ERABTLJTY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
ATTEST:Philip Levine
Mayor IRafael E. Granado
City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Underline denotes new language
$*fe$+eugh denotes removed language
#if8HRffiffi,
& FOR BGCUTION
J#r#= 4*
F:\ATTO\MLN\ORDINANCES\Six-sevenths vote on height increases (REF PB).docx
Page720 of 1355
$Y-
25
THIS PAGE INTENTIONALLY LEFT BLANK
26
Resolutions - R7 V
COMMISSION MEII,IORAN DU M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
Decernber 14,2016
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE IMAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CIry AND THE LINCOLN RD BUSINESS
IMPROVEMENT DISTRICT, lNC. ("LRB|D"), tN ORDER TO PROVTDE THE LRBTD
WITH AN ANNUAL CONTRIBUTION OF $160,000 TO FUND THE LRBID'S
PURCHASE OF AMBASSADOR AND SECURIry SERVICES FOR THE AREA
LOCATED WITHIN THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT,
WHICH SERVICES SHALL BE PROVIDED BY [/YDATT, SERVICES, INC., DBA
BLOCK BY BLOCK, FOR A TERM OF ONE (1) YEAR, WITH Up TO TWO (2) ONE-
YEAR RENEWAL TERMS.
RECOMMENDAilON
Adopt the Resolution.
ANALYSIS
On April 15,2015, the Mayor and City Commission adopted Resolution No. 2015-28992, which
created a special assessment district to be known as the Lincoln Road Business lmprovement
District ("LRBID") for a period of ten (10) years, to stabilize and improve the Lincoln Rd retail
business district, which is located within a nationally recognized historic district, through
promotion, management, marketing, and other similar services.
The Lincoln Rd Business lmprovement District, lnc. ("LRB|D") intends to enter into an
agreement with Mydatt Services, lnc. dba Block by Blockto provide enhanced enMronmental
maintenance services (manual removal of litter and debris, weed control, handbill removal,
graffiti removal, power washing, special projects, and landscaping), and hospitality and safety
services (ualking patrols, public relations checks, addressing quality of life crimes, after hours
escorts, information sharing, reporting, and hospitality services) for the area within the district.
The City has previously dedicated $160,000 per year to funding security seMces on Lincoln
Road. The City now desires to reallocate these funds to the "LRBID. to fund the LRBID's
purchase of services from Block by Block, contingent on the LRBID's execution of a
agreement with Block by Block, in a form acceptable to the CityAftomey.
Page 1313 of 1475
27
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize the
City Manager and City Clerk to execute a memorandum of understanding between the City and
the Lincoln Rd Business lmprovement District, lnc. ("LRB|D"), in order to provide the LRBID
with an annual contribution of $160,000 to fund the LRBID's purchase of ambassador and
security services for the area located within the Lincoln Road Business lmprovement District,
which services shall be provided by llydatt, Services, lnc., dba Block by Block, for a term of one
(1) year, with up to two (2) one-year renewal terms.
KEY INTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As AWorld Class Destination
Legislative Tracking
Property Management
ATTACHMENTS:
Description
u Block by Blockfureernent
Page 1314 of 1475
28
Agreement for Environmental Maintenance
and
Supplemental Safety Services
dated as of October 1st, 2016
by and between
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
and
MYDATT SERVICES INC, dba BLOCK BY BLOCK
7135 Charlotte Pike
Nashville, TN 37209
("Block by Block")
This AGREEMENT is effective on the October t, 20t6, (the "Effective Date") by and
between the Lincoln Road Business Improvement District, Inc., 350 Lincoln Road,
2nd flr, Miami Beach, FL 33139 ("CUSTOMER"), the City of Miami Beach, flOA
Convention Center Drive, Miami Beach, FL 33139 (*CITY'), and Mydatt Services,
Inc., an Ohio Corporation, d.b.a. Block by Block,7735 Charlotte Pike, Nashville, TN
37209 (hereinafter referred to as "Block by Block").
WITNESETH:
WHEREAS, the CUSTOMER desires to have Block by Block undertake to furnish
uniformed downtown Ambassadors and provide services to the district in the area
specifically defined in Exhibit A (the "Service Area");
NOW THEREFORE, the parties, in consideration of the mutual obligations contained
herein and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, hereby agree as follows:
1) TERM: This Agreement will begin on the Effective Date and shall continue for a
period of one (1) year ("Initial Term"), expiring September 30, 2OL7 unless
sooner terminated as provided in Section 9. At the end of the Initial Term, this
Agreement may be renewed for two (2) subsequent terms of one (1) year each
upon the mutual written agreement of the parties (each "Renewal Term"). The
Renewal Terms and Initial Term are referred to herein collectively as the "Term."
Block by Block will forward to the CUSTOMER each Renewal Term and requested
changes to contract provisions no later than August 1tt of each year.
2) SERVICES TO BE PERFORMED BY BLOCK BY BLOCK: Block by Block shallfurnish environmental maintenance and hospitality ambassadors
("Ambassadors") who shall provide services in the Service Area, including, but
Agreement - Hospitality, Safety and Supplemental Cleaning Services
1
Page 1315 of 1475
29
not limited to, the services outlined in Exhibit B & C attached hereto and
incorporated herein (t'Services"). The maintenance and sanitation services
included in Block by Block's scope of services will supplement, not replace, the
existing services provided by the CITY. At the start of the contract period, Block
by Block will propose a comprehensive monthly plan of services for the Service
Area and may propose any modifications to the plan from time to time. The plan
and any modifications shall be subject to the CUSTOMER approval. The
CUSTOMER shall have the right to request or initiate modifications at any time.
Representatives of the CUSTOMER and Block by Block will meet at least once per
quarter or at such intervals as the parties may agree and at such other times as
the CUSTOMER may request to review the services plan and adjust or modify as
deemed necessary. CUSTOMER may also request representatives of Block by
Block to attend regular meetings of the Lincoln Road BID Board of Directors.
3) COMPANY STANDARDS: Block by Block shall maintain a high standard of
services, with adjustments in authorized weekly hours and annual contract value
as agreed upon. Block by Block will maintain a close check over all Ambassadors
to ensure this high standard of services is delivered. Specific assignments,
hours and duties of the Ambassadors will be proposed monthly by Block by Block
and approved by the CUSTOMER.
4) pUTTES OF BLOCK BY BLOCK:
a) Block by Block shall provide the number of Ambassadors in the weekly service
hours outlined in Exhibit D to perform the Services outlined in Exhibit B and C.
Such Ambassadors shall be employees of Block by Block and at no time be
deemed agents or employees of the CUSTOMER or the CITY. Block by Block
shall provide all employees adequate training to such Ambassadors.
b) Block by Block shall have a qualified Operations Manager assigned to the
program to oversee the operations of the Ambassadors.
c) Block by Block shall furnish appropriate uniforms and necessary equipment for
the Ambassadors, as reasonably determined by CUSTOMER. Ambassadors
shall be clean, courteous, competently trained, neat in appearance, able to
communicate in English, and shall at all times wear the uniform approved by
the CUSTOMER.
d) Block by Block shall furnish adequate means of communications by which all
Ambassadors can communicate with one another and their supervisory staff.
e) Block by Block shall make a designated representative available at all
reasonable times to report to and confer with the designated agents of the
CUSTOMER with respect to the Services to be rendered hereunder.
f) Block by Block shall conduct a background check, to include criminal history
and drug screen, on all employees prior to assignment at the Service Area.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
2
Page 1316 of 1475
30
g) Block by Block shall be responsible for quantifying the work of the
Ambassadors in a written manner and format acceptable to CUSTOMER. Such
records shall be provided to CUSTOMER on a weekly basis and Block by Block
shall be responsible for making at least weekly contact with a designated
representative of CUSTOMER. Cumulative reports shall be provided on a
monthly and quarterly basis. All reports shall be considered confidential by
Block by Block and its employees, and are the property of the CUSTOMER.
5) PAYMENT TO BLOCK BY BLOCK:
a) In consideration of the Services, the CUSTOMER shall pay Block by Block a flat
monthly fee of twenty nine thousand four hundred sixty two dollars and
seventy cents ($29,462.70) which fee shall be based upon the hourly billable
rates for its various classes of employees as established by Block by Block and
approved by CUSTOMER. The maximum annual amount of payments to Block
by Block for the Services shall not exceed three hundred fifty three thousand
five hundred fifty two dollars and forty five cents ($353,552.45).
b) Additional services either within or outside the Service Area may be requested
by CUSTOMER from time to time. These services shall be provided at the same
cost, which is $21.35 for Ambassadors for straight time. CUSTOMER shall
make a written request for such additional services at least 48 hours in
advance of the time service is needed.
c) The flat rate and hours specified in Exhibit E is guaranteed for the Initial Term
and can be changed by Block by Block upon thirty (30) days written notice if
required service hours are altered by the CUSTOMER.
d) It is recognized that there may be months during the Term where the Services
and number of hours worked may be reduced due to weather conditions or
other circumstances and other months where additional hours or Service may
be needed due to special events or other circumstances. The CUSTOMER may
choose to "bank" any hours of Service which are not used during a monthly
cycle and apply these "banked" hours to another monthly cycle within the
Term. Any "banked hours" will be used for Services within the Service Area
and will be provided at no additional cost to CUSTOMER. Block by Block agrees
to maintain records of all hours worked and submit monthly summaries of
hours worked, cost per hour, tasks performed and "banked" hours available
for future use.
At the end of the Term, Block by Block shall provide to CUSTOMER a report
which sets forth a final accounting of all hours worked, cost per hour, tasks
performed, hours "banked" and number of hours to be rolled to the next
contract period.
e) During the Initial Term, Block by Block shall invoice the CUSTOMER monthly
for Services. Block by Block shall submit its invoices by the 15th day of each
month. All payments are due within 30 days of invoice.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
3
Page 13'17 ot 1475
31
f) The Parties expressly acknowledge and agree to abide by the municipal
minimum hourly wage requirements set forth in Section 18-921 of the Miami
Beach Code of Ordinances. In the event of any change in Federal, State, or
Municipal legislation, regulation, administrative ruling or collective bargaining
contract affecting any change in work hours, pay rates, working conditions,
taxes, health insurance, benefits, etc., Block By Block shall notify the manager
in writing of the change in the rates to be charged and the effective date of
said change which shall be computed on the prevailing hourly pay scale. In
the event that government health care legislation mandates provision of
health benefits to employees at the Service Area greater than agreed upon in
this contract, then Block By Block shall invoice CUSTOMER for the direct cost
associated with that program.
6) EOUTPMENT:
a) OWNERSHIP - Block by Block will procure specific capital equipment as part of
this agreement. A list of this equipment can be found in Exhibit F. The
equipment will be purchased explicitly for the CUSTOMER contract and will be
owned by Block by Block. AII insurance, maintenance and associated costs of
ownership will be borne by Block by Block as part of this agreement. The cost
of this equipment will be amortized over a three year period, plus the cost of
financing and included in the billable rate to CUSTOMER.
b) In the event that this Agreement with Block by Block is terminated by
CUSTOMER without cause, CUSTOMER will be responsible for reimbursing
Block by Block for the capital equipment, less the amount collected on the
equipment through invoicing of the regular agreed upon amount up to the
date of notification of termination, and CUSTOMER shall, upon payment of the
reimbursement fee to Block by Block, assume ownership and possession of
said capital equipment. If the Parties choose not to renew the Agreement upon
expiration of the Initial Term, CUSTOMER will not be responsible for
reimbursing Block by Block for the capital equipment.
7) INDEMNITY AND INSURANCE
a) INDEMNIFICATION - Block by Block and CUSTOMER shall defend, indemnify
and hold harmless each other, and their respective agents and employees
from and against any and all claims, demands, losses, damages, injuries,
Iiabilities, expenses (including reasonable attorney's fees), judgments, liens,
encumbrances, orders, awards arising directly or indirectly from the negligent
performance or willful misconduct by either party and/or its respective
employees under this agreement (all of which are collectively referred to as
"Claims") by any person on account of; or arising as a result of: (1) injury to,
or death of any person including but not limited to either party's personnel;
(2) loss of or damage to any property; (3) the employment of, or performance
of the Services by, either party's personnel and the termination, constructive
or otherwise, of such employment or performance of services; or (4) any
Agreement - Hospitality, Safety and Supplemental Cleaning Services
4
Page 1318 of 1475
32
breach of any federal, state or local laws by either party or its respective
personnel; provided however, that either party shall not be obligated to
indemnify the other party for such party's own gross negligence or willful
misconduct.
Additionally, Block by Block agrees to indemnify and hold harmless the City of
Miami Beach and its officers, employees, agents, and contractors, from and
against any and all actions (whether at law or in equity), claims, liabilities,
losses, and expenses, including, but not limited to, attorneys'fees and costs,
for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent
acts, errors, omissions or other wrongful conduct of Block by Block, its
officers, employees, agents, contractors, or any other person or entity acting
under Block by Block's control or supervision, in connection with, related to, or
as a result of the Block by Block's performance of the Services pursuant to this
Agreement. To that extent, Block by Block shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit
arising from such claims and losses, and shall pay all costs and attorneys'fees
expended by the City in the defense of such claims and losses, including
appeals.
In the event CUSTOMER and Block By Block are found jointly liable by a courtof competent jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of the state of Florida without, however, waiving any
defenses of the parties under such law.
b) PROOF OF INSURANCE - During the Term of this Agreement, Block by Block
shall at its own cost and expense procure and maintain in full force and effect
the below listed types of insurance through insurance companies licensed to
and doing business in the state of Florida. All insurance shall name the
CUSTOMER and the CITY as Additional Insureds regarding any of BLOCK BY
BLOCK's operations that are performed under the BLOCK BY BLOCK's contract
with CUSTOMER. Any insurance maintained by the CUSTOMER shall apply in
excess of and not contribute with insurance provided by this policy.
(1) Contractor's Commercial/Comprehensive General Liability Policy
with a combined single limit for bodily injury, personal injury and property
damage of not less than $1,000,000.00 per occurrence;
(2) Comprehensive Automobile Liability insurance insuring all owned,
non-owned and hired motor vehicles with a minimum of $1,000,000.00
Combined single limit for any one accident and sufficient to satisfy all
applicable laws;
Agreement - Hospitality, Safety and Supplemental Cleaning Services
5
Page 1319 of 1475
33
(3) Employers Liability with a minimum coverage of $500,000.00 for
any one occurrence;
(4) Umbrella (excess) Liability policy with a limit of at least
$4,000,000.00;
(5) Workers' Compensation sufficient to satisfy all federal, state and
local laws and requirements, whether now or hereafter existing.
8) REPRESENTATIONS AND WARRANTIES OF BLOCK BY BLOCK: Block by
Block hereby represents and warrants that (i) Block by Block will perform all
Services in a good and workmanlike manner and with reasonable skill, (ii) Block
by Block will pay all costs and expenses required for the performance of the
Services, except as otherwise provided herein, (iii) Block by Block has the
requisite permits from the appropriate federal, state and local authorities to
provide the Services. Block by Block warrants that all Services will be performed
in accordance with applicable laws for such Services. Block by Block makes no
other representations or warranties regarding the Services.
9) RELATIONSHIP OF THE PARTIES: Block by Block agrees that it is and shall
be an independent contractor under this Agreement and that Block by Block shall
not be an agent or employee of CUSTOMER to any extent or for any purpose and
nothing herein shall be construed to cause or create any such relationship. Block
by Block shall have no authority to and shall not act for CUSTOMER or bind, or
attempt to bind, CUSTOMER in or under any contract or agreement or to
otherwise obligate CUSTOMER in any manner whatsoever.
10) TERMINATION: Either party may terminate this Agreement if the other
commits a material breach of its respective obligations under this Agreement and
fails to correct such breach within sixty (60) days after delivery of written notice
of such a breach; provided, however, that if such a breach cannot reasonably be
cured within the sixty (60) day period, then such party shall have a reasonable
period to cure such breach. Notwithstanding the foregoing, Block by Block may
terminate this Agreement on fifteen (15) days written notice if CUSTOMER fails
to make any payment of money pursuant to this Agreement. Notwithstanding
the foregoing, CUSTOMER may, upon sixty (60) days written notice, terminate
this Agreement with cause.
Either party may terminate this Agreement, with or without cause, by giving
thirty (30) days prior written notice to the other party.
11) ENTIRE AGREEMENTT This Agreement contains the entire agreement of theparties hereto and supersedes all prior agreements, contracts and
understandings, whether written or otherwise, between the parties relating to
the subject matter. Any amendments or additions to this Agreement shall not
be binding unless in writing and signed by both parties.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
6
Page 1320 of 1475
34
L2) GOVERNING LAW: The laws of the State of Florida shall govern this
agreement without regard to any conflict of law principles. The parties agree
that any legal action commenced by and between the parties shall be filed and
litigated in a court of competent jurisdiction in Miami-Dade County, Florida.
13) ASSIGNMENT: Block by Block may not assign its interest in this agreement
or subcontract any portion of the work to be performed hereunder without the
written consent of the CUSTOMER.
14) HEALTH AND SAFETY: Block by Block is solely responsible for compliance
with all applicable Federal, State and Local occupational safety and health
regulations.
15) AFFIRMATIVE ACTION POLICY: Block by Block shall have in force an
affirmative action and/or nondiscrimination policy that complies with the
requirements of the City in which the Services take place, including the Miami
Beach Human Rights Ordinance, codified in Chapter 62 of the Miami Beach City
Code, which may be amended from time to time.
16) NOTICES: All notices under this Agreement shall be in writing and shall be
served by personal service or registered mail, return receipt requested. Notice
by mail shall be addressed to each party at its address set forth above.
!7) ATTORNEY'S FEES: In any litigation or other proceeding by which one party
either seeks to enforce its rights under this Agreement (whether in contract,
tort, or both) or seeks a declaration of any rights or obligations under this
Agreement, the prevailing party shall be awarded its reasonable attorney fees,
and costs and expenses incurred.
18) FORCE MAJEURE: Neither party shall be liable for damages to the other
party or have the right to terminate this Agreement for any delay or default in
performing hereunder if such delay or default is caused by reason of any
circumstance beyond its reasonable control, including but not limited to Acts of
God, fire, flood, earthquake, extraordinary weather conditions, acts of war, acts
of terrorism, labor disputes, riots, civil disorders, rebellions or revolutions in any
country ("Force Majeure"), that party shall be excused from any further
performance or observance of the obligations so affected for as long as such
circumstances prevail and that party continues to use all commercially
reasonable efforts to recommence performance whenever and to whatever
extent possible without delay.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
7
Page 1321 ot 1475
35
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
CUSTOMER:BIock By Block:
Lincoln Road Business Improvement MYDATT SERVICES INC., dba BLOCK BY
BLOCK
By:By:
Printed:
Title:
Printed:
Title:
Address: 350 Lincoln Road, 2nd flr Address: 7t35 Charlotte Pike
Miami Beach, FL 33139 Nashville, TN 37209
City of Miami Beach
(only as to Sections L, 7, LLt t2,
L4, lst 16, 17, and 18 of this Agreement):
By:
Printed:
Title:
Address: 1700 Convention Center Drive
Miami Beach, FL 33139
Agreement - Hospitality, Safety and Supplemental Cleaning Services
I
Page 1322 of 1475
36
EXHIBIT A
SERVICE AREA MAP
Agreement - Hospitality, Safety and Supplemental Cleaning Services
9
Page 1323 of 1475
37
EXHIBIT B
Scope of Services - Cleaning
Block By Block will provide the following Environmental Maintenance Services in the
Service Area. Block By Block will also provide a detailed monthly schedule of
maintenance services.
The Clean Team will serve primarily as a custodial service with a secondary role as
a public information resource to district visitors, workers, shoppers and residents.
Unless otherwise specified, areas of responsibility for the Clean Team include all
pedestrian public rights of way, the sidewalks from the building line to the curb and
alleys adjoining benefiting properties of the District Area from the building line to
the opposing building line. Activities of the Clean Street Team may include:
. Manual Removal of Litter And Debris - Removal of litter, trash, and
debris, and extending a distance of 18 inches beyond the curb into the
street or alley, by mechanical or manual means, including: all types of
paper, cigarette packages and butts, leaves, gravel or rocks, cans,
cardboard, boxes, plastic refuse, bottles, broken glass, beverage spills,
urine, feces, vomit, and any dead animals.
. Weed Control - Killing and removal of weeds and grass. Contractor shall
spray weeds as needed with chemicals meeting all Federal, State and
Municipal laws and regulations. Contractor shall mbet all licensing
requirements imposed by Federal, State, or local authorities.
. Handbill Removal - Removal of handbills, stickers, posters and similar
items from utility poles, mail boxes, courier boxes, newspaper or magazine
boxes and kiosks, public telephones, parking meters and other fixtures.
. Graffiti Removal - Remove or cover graffiti from the first floor of buildings
facing or visible from public rights of way, and from utility poles, mail boxes,
courier boxes, newspaper or magazine boxes and kiosks, public telephones,
parking meters and other fixtures, within 24 hours after the graffiti appears
(subject to any delay necessary to obtain consent of the owner of any
private property), using the least intrusive means available and approved by
the property owner. Contractor will not perform graffiti removal on private
property until the consent of the owner has been obtained. The District will
aid Contractor in securing any necessary consent from the owner of any
private property affected.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
10
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38
. Power Washing - Hot spots and spills and stains will be removed upon
identification using a pressure washer.
. Special Projecfs - Carry out a wide variety of special projects mutually
agreed upon by the CUSTOMER and Block by Block. Such special projects
include painting of fixtures (benches, light posts, etc.), power washing or
any other project not requiring 'technical' expertise that can be carried out
within reasonable methods or means by existing cleaning staff members.
. Landscaping - Limited landscaping services as requested by the
CUSTOMER.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
11
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39
EXHIBIT C
Scope of Services - Hospitality & Safety
Block By Block will provide the following Safety related services within the
boundaries of the service district.
. Walking Patrols - Ambassadors will be deployed to their assigned zones to
patrol the area as a deterrent for unwanted activity, we well as to interact
with businesses, residents and visitors. Ambassadors on walking patrol will be
responsible for making Public Relations (PR) checks at various businesses
each day to make a personal contact and to gather and share safety related
information.
. Public Relations Checks - Ambassadors will be responsible for stopping in
to visit a specified number of businesses per shift. The duration of each public
relations check should be no more than five minutes per business, which
should be spent speaking with the manager of the business to gather and
share security related information and concerns. A list of businesses in which
public relations checks were conducted will be reported daily. The Public
Relations checks also provide an opportunity for Ambassadors to get a quick
break from poor weather conditions, while remaining productive.
. Addressing Quality of Life Crimes - Ambassadors will be responsible for
interacting with persons creating quality of life issues, to advise them of local
ordinances and requesting compliance. All Ambassadors are trained in
'situational protocol' to appropriately handle situations in a firm, yet
courteous, manner.
. After Hours Escorts - This service would allow district workers to request
this service by calling the on-duty Team Leader on the publicized cellular
phone number to have an Ambassador meet them at their place of business
or residence and walk them to their destination.
. Information Sharing Working with the local Police Department the
Ambassadors will be utilized to share information to educate stakeholders on
safety/security related issues. For instance, if the police department has
crime prevention brochures, the Ambassadors can be utilized to distribute this
information,
. Reporting - Ambassadors will be responsible for completing Daily Activity
Reports and submitting them to the CUSTOMER as specified. The daily
statistics will be compiled weekly and provided to the customer. The
Ambassadors will gather information on any incidents or criminal activity that
is considered to be out of the ordinary and forward such information in the
form of an Incident Report. Criminal activity includes "Quality of Life" crimes,
Agreement - Hospitality, Safety and Supplemental Cleaning Services
t2
Page 1326 of 1475
40
such as public intoxication, open container, loitering, trespassing, public
urination and aggressive panhandling.
. Hospitality Services - When analyzing the tasks which consume the time of
Ambassadors they spend the majority of their day patrolling the service
district on the lookout for unwanted activity and deterring criminal behavior.
These patrols provide a tremendous opportunity to interact with pedestrians
in order to be friendly, good will representatives of the service district, share
information and make recommendations.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
13
Page 1327 of 1475
41
EXHIBIT D
Weekly Service Hours
Al, sson
Ambassadors
AI
Alt
All
All
AI
Manual CleanlnB & Hespliality
M.nual Cleaning & Hospitality
Hospitality with Defensive Cleaning
tlospitality wlth Oefensive Cleaning
Hospilality with Oeferlslve Cleaning
7am - 3:30pm
7em - 3:30pm
3:30pm- l1pm
3:30pm - Upm
3:30pm - llpm
I
8
I
8
E
I
o
a
I
8
E
I
I
a
I
8
8
6
8
I
o
a
8
8
8
8
56
?2
56
56
24
TEem Leeder ln Field Supervislon llam - 7:30pm 8 8 l6
Operationr M!nager All worhing Managerlspacirl proj€cts llam - 7:30pm 8 8 8 a 8 40
60 60 9t t2 /s at {E
Agreement - Hospitality, Safety and Supplemental Cleaning Services
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42
EXHIBIT E
Employee Average Wage Rates and Bill Rates
PaY R,tE $,.2-tlo S 13.so $28.85
FICA $ o.gz $r..03 $ Llr
wc $ 0.62 S 0.76 $1.62
Uabilitv $ 4.31 s 0.34 $ o.7d
Unemolsvm*nt $ o.2s $0.28 $0.59
5ilhtBL $NirSiiiiliirirlililiiili *i $it{,{xt
W&*B*,.$oU{E 224.0S 1S;f6 {m"{c
&nnUal,Ilouts,:,rL 48.00 st*f,c .rAffii.0s
Anilurt Billir{ :i $ i "g's $ 13,23&ort $ t*;
OverhBad $ s.rl $ 3.zI $ 3.?r
Benefits $ r.sg s 1.98 $1"98
Frofit $2.00 s 2.00 $2.00
Bill Rate'$23.11 *4t
Weeklv Hours 224.0u 16.00 40.00
Weeklv EillinE 4,781.28 1.648.00
Annual Hours $ tl,6la.oo 832.0(2.08$.C{
Annual Billins S r**,ero.r 3 rs.22g.9i 3 es.ess.r:
Budget Notes:
. Operating space and storage are not in this budget and will be supplied by the
Customer.
Agreement - Hospitality, Safety and Supplemental Cleaning Services
15
Page 1329 of 1475
43
EXHIBIT F
Capital Equipment
Safety and Supplemental Cleaning Services
16
Page 1330 of 1475
ESUIPIIdEHT
: !: i:::::l:::::=:r ::::::::::::::::::::::::::r:=::r:::::::::r::.: : : :,::r;i:lliilI:liir '::::. ..
:::::::::::::::::::
:=t==.
=-- .=tt ,iiiiiiii:iiiiiiiii1 i,,, ,it, .,E :
Small
Pressure
Washer
We will use the small pressure washer to remove
spills and stains that occur in the district. The
pressure washer will tie into existing watering sources
and will be pulled on a cart. This willalso be used to
remove gum spots from the sidewalk.
SMART
SYSTEM
AllAmbassadors will be equipped with Block by
Block's proprietary reporting platform, the Statistics
ManagerlAmbassador Report & Tracking System.
Utilizing the iOS format, all Ambassadors will be
equipped with either iPhones for Cleaning
Ambassadors or iPads for Safety Ambassadors. The
system allows for Ambassadors to track all of their
statistics in the field, make incident reports, and take
before and after photos.
Agreement - Hospitality,
44
New Business and Commission Requests - R9 N
MIAMI BEACH
COMMISS ION METIIIORAN DU M
TO: Honorable Mayor and Members of the City Commission
FROM: Comm{ssioner Kristen Rosen Gonzalez
DATE: December 14,2016
SUBJECT: DISCUSSION REGARDING HOLIDAY LIGHTING IMPROVEMENTS.
ANALYSIS
Please place on the December 14,2016 Commission meeting agenda a discussion item about
improving the holiday lighting at the entrances to Miami Beach (at 41st Street there is an unlit
structure) and also, adding more to the 41st Street conidor. The entrances to Miami Beach
should be the beacons of festivity, and I think they are lacking.
Can we improve this nou/? We still have two weeks to light it up properly, in a way befitting our
city.
Legislative Tracking
Commissioner Kristen Rosen Gonzalez
Page 1437 of 1457
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