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Central Service original bookMIAMI BEACH Commission lVteeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive January 11,2417 - 8:30 AM Mayor Philip Levine Commissioner John Elizabeth Aleman Commissioner Ricky Arriola Commissioner M ichael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Gonzalez Commissioner M icky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Vlslf us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Micle Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the Office of the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are availabh in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the CityAttorney. To reqrcst this material in alternate format, sign language 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 English or 2lor Spanish, then option 6; TTY rJsers may callvia 711 (Florida Relay Service). ln order to ensure adequate public consideration, if necessary the Mayor and City Commission may move any agenda item to an alternate meeting. ln addition, the Mayor and City Commission may, at their discretion, adjourn tl"p Commission Meeting without reachirg all agenda items. AGENDAKEY Presentations and Awards: RegularAgenda: PA - Presentations and Awards R2 - Competitive Bid Reports R5 - Ordinances Consent Agenda: R7 - Resoh.rtions C2 - Competitive Bid Reports R9 - New Bwinesses & Commission Requests C4 - Commission Committee Assignments R10 - City Attorney Reports C6 - Commission Committee Reports C7 - Resolutions Reports and lnformational ltems Page 1 o1757 1 1. 2. 3. 4. 5. C2A c2B c2c C4A C4B C4C c4D C4E AGENDA CALL TO ORDER INSPIRATIONAL MESSAGE PLEDGE OFALLEGIANCE REQUEST FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS RECESS FOR LUNCH AT APPROXIMATELY 12:00 P.M. CONSENTAGENDA C2 - Competitive Bid Reports REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (lTB)NO.2017-032-ND FOR PATNTTNGAND STR|P|NG OF DEDTCATED BICYCLE LANES. Transportation I Procurement REQUEST FOR APPROVAL TO |SSUE A REQUEST FOR PROPOSALS (RFP) NO. 2017-002- JC EMERGENCY MEDICAL TRANSPORT BILLINGAND COLLECTION SERVICES. Fire / Procurement REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFp) NO. 2017-074- WG, FOR INTERACTIVE DIGITAL MEDIA KIOSKS. (nEMTO BE SUBMTTED rN SUPPLEMENTAL) Public Works / Procurement C4 - Commission Committee Assignnrents REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS THE SITE PLAN FOR THE NORTH SHORE OPEN SPACE PARK. Capital lmprovement Projects REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO OFFER MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS. Commissio ner Kristen Rosen Gorualez REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE REGARDING BEST PRACTICES FOR BEACH SAND SIFTINGAND MAINTENANCE. Commissioner Michael Grieco REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE FOR THE CITY TO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017. Commissiorer Kristen Rosen Gomalez REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD. Transportation REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE CURRENT SAFEGUARDS IN PLACE TO ENSURE THE SECURITY OF CITYWIDE FINANCIALACCOUNTS AND HOW BEST TO IMPROVE THEM. C4F Page 2 ot757 2 C4G C6A C6B C6C Commissio ner Ric}<y Arriola REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE THE BUILDING OF A WHEELCHAIR RAMP AT THE ENTRANCE OF UNIDAD. Commissio ner Kristen Rosen Gomalez C6 - Commission Committee Repods REPORT OF THE DECEMBER 12,2016 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1) DISCUSSION REGARDING THE SECURTNG AND STORAGE OF COMMERCTAL DUMPSTERS. 2) DTSCUSSION ON REQUTRING SUSTATNABtLtTy STANDARDS SIM|LAR TO LEED FOR RETROFITS lN CITY-OWNED PROPERTTES.3) MAYOR'S BLUE RTBBON PANEL ON FLOODING AND SEA LEVEL RISE. 4) RESILIENCY STRATEGY Environment and Sustainability REPORT OF THE DECEMBER 16, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE: 1. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND THE MIAMI BEACH BOTANTCAL GARDEN (MAy 21, 2014 COMMTSSTON |TEM C4C) (CONTTNUED FROM MAY 20, 2016 FCWPC MEETTNG).2. DTSCUSSTON REGARDTNG THE EXCHANGE OF PROPERTY WITH THE OWNER OF 5860 NORTH BAY ROAD IN ORDER TO RESOLVE THE EXISTING BOUNDARY LINES, AND THE LOCATION OF A FUTURE CITY PUMP STATION AND SEWER LINE (JUNE B, 2016 COMMTSSTON |TEM C4F).3. DTSCUSSTON ON THE POTENTIAL EXPANSION OF THE BtG BELLY TRASH PROGRAM (NOVEMBER 9, 2016 coMMtsstoN ITEM c4F).4. DtscusstoN To coNStDER ,vERTtcAL GARDENS" ON HIGHWAY PILLARS AND OVERPASSES IN LIEU OF OR IN ADDITION TO PAINTING (ocToBER 18, 2016 COMMTSSTON ITEM RgX).5. DTSCUSSTON REGARDTNG THE EXPIRATION OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (LANDLORD) AND COLONY THEATRE CAFE, tNC. (TENANT) FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF C|TY-OWNED pROpERTy LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA (PREMISES); SAID LEASE EXPIRING OCTOBER 31, 2017,6. DISCUSSION REGARDING THE USE OF 7,655 SQUARE FEET OF CITY- owNED PROPERTY (PENN GARAGE RETATL), LOCATED ON THE FTRST FLOOR AT 1661 PENNSYLVANIA AVENUE (PENN GARAGE), MIAMI BEACH, FLORIDA, INCLUDING A NEW LEASE AGREEMENT FOR A PORTION OF PENN GARAGE RETAIL BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE CITY OF MIAMI BEACH (COLLECTIVELY LANDLORD)AND MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF 935 SQUARE FEET, LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, (PREMTSES) FOR A PERTOD OF TWO (2) YEARS AND TWENTY-F|VE (25) DAYS, COMMENCING RETROACTIVELY DECEMBER 7,2016 AND ENDING DECEMBER 31, 2018. 7. DISCUSSION REGARDING WHY INSURANCE ITEMS ARE REFERRED TO FINANCE AND CIT\ryVIDE PROJECTS COMMITTEE. Finance REPORT OF THE DECEMBER 9, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK. 2. TRAFFIC MANAGEMENT ALTERNATIVES DISCUSSED AT THE FEBRUARY 24, 2016 COMMISSION WORKSHOP ON TRAFFIC MANAGEMENT . REVISIT ON PRAIRIE AVENUE TO ALLOW RIGHT TURNS TO TRAVEL EASTBOUND.3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND,4. MONTHLY CRIME UPDATE, 5. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. 6. DISCUSSION AND UPDATE ON NORMANDY POOL. 7. DISCUSSION REGARDING THE CITYS USE OF HOST COMPLIANCE SERVICES. 8. DISCUSSION REGARDING PAINTED BIKE LANES. 9. DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A'CITY OF KINDNESS." 10. DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD. 11. DISCUSSION Page 3 of757 3 C6D C7A C7B REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS PARK. 12. DISCUSSION TO CONSIDER APPROVING THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARIVIED FORCES AND FIRST RESPONDERS FOR THEIR SERVICES. 13. DISCUSS THE PLACEMENT OF FARAH SERVICE EUE SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. 14. DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH, 15. DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MBPD. Office of the City Manager REPORT OF THE NOVEMBER 16, 2016 LAND USE & DEVELOPMENT COMMITTEE MEETING.l. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT,2. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (sFH).3. DTSCUSSTON ON AN AMENDMENT TO THE C|TY CODE TO ADDRESS THE ALLOWANCE OF ''ENTERTAINMENT" IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS.4. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY DISTRICT.5. DISCUSSION REGARDING PROHIBITING VARIANCES TO EXCEED THE MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. 6 . DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NON- EATING AND DRINKING ESTABLISHMENTS ON OCEAN DRIVE.7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO ADDRESS RESILIENCY SUSTAINABILITY AND ADAPTATION, S. UPDATE ON THE TRANSIT HUB ON THE 5OO BLOCK OF ALTON ROAD.9. PROPOSED MIAMI BEACH MARINA REDEVELOPMENT AND ASSOCIATED LEGISLATIVE CHANGES. 10. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS. 11. DISCUSSION TO RE.ZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RM-2 TO CD-2. Planning C7 - Resolutions A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, TOACCEPTA DONATION OFA KAWASAKI TERYX 4X4 OFF-ROAD VEHICLE FROM MANGO'S TROPICAL CAFE, 9OO OCEAN DRIVE, MIAMI BEACH, FLORIDA, WITH AN APPROXIMATE VALUE OF $1O,OOO. Police 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 TO NAME THE FOUNTAIN WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N, OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT AND, PURSUANT TO SECTION 82- 503(8) OF THE C|TY CODE, SETTTNG A PUBLTC HEARTNG FOR FEBRUARY B, 2017 TO CONSIDER THE NAMING OF THE FOUNTAIN, AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. Parks and Recreation A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-204-KB, FOR DESTGN/BUILD SERVTCES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE c7c Page 4 of757 4 C7D c7E c7F C7G C7H c7t collrNS PARK PARKTNG GARAGE (pHASE tSHORTL|STtNG). Capital lmprovement Projects / Procurement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR LETTERS OF TNTEREST (RFL|) NO. 2016-21g-KB, FOR A DEStcN COMPETITION FOR AN ICONIC LGBT CROSSWALK AT THE INTERSECTION OF OCEAN DRIVE AND 12TH STREET. Transportation / Procurement Commissio ner Ricky Arriola A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND AUTHORIZING THE ADMINISTRATION TO lssuE REQUEST FOR PROPOSALS (RFP) NO. 2017-081-Wc, FOR CtTy MUNtCtpAL PARKING GARAGE ADVERTISING SERVICES. Marketing & Communications i Procurement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT DONATIONS AND SPONSORSHIPS FROM T-MOBILE; THE MIAMI.DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT; KRAVE PURE FOODS, INC,; EXHALE ENTERPRISES, INC.; AND TATE,S BAKE SHOP, IN THE TOTAL AMOUNT OF $5,BOO, IN SUPPORT OF THE CITY'S JANUARY CICLOVIA EVENT. M arketing and Communications A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT FOR LIGHT POLES, FIXTURES AND BASES BETWEEN THE CITYAND HD SUPPLY POWER SOLUTIONS, LTD. (A/K/A ANTXTER POWER SOLUTTONS, LLC), TO ANTXTER lNC., AS THE SUCCESSOR-|N- INTEREST TO ANIXTER POWER SOLUTIONS, LLC BY MERGER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION. Procurement A RESOLUTION AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE PURCHASE OF SPIRAX SARCO METER SYSTEMS EQUIPMENT, PARTS, SOFTWARE, SERVICE AND RELATED ITEMS, PURSUANT TO SECTION 2-367 (D) OF THE MtAMt BEACH CtTy CODE, FOR THE CITY'S SATELLITE CITY FLOW METERING SYSTEMS, FROM G-TEC EQUIPMENT SERVICES, LLC, THE EXCLUSIVE AGENT FOR SPIRAX SARCO METER SYSTEMS EQUIPMENT, PARTS, SOFTWARE, SERVICE AND RELATED ITEMS IN THE CITY'S GEOGRAPHIC REGION. Public Works / Procurement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY AND UNIFY rNC. (ASSIGNOR), FOR MATNTENANCE OF THE TELECOMMUNTCATTONS SYSTEMS AT VARIOUS CITY FACILITIES, TO ATOS IT SOLUTIONS & SERVICES, INC. (ASSIGNEE), AS THE SUCCESSOR-IN-INTEREST BY ACQUISITION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AS APPROVED BY THE CITYATTORNEYS OFFICE. I nformation Technolo gy / Procurement Page 5 of757 5 C7J C7K c7L C7M C7N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT, DATED OCTOBER 10,2014, BETWEEN THE CITY OF MIAMI BEACH AND TYLER TECHNOLOGIES, INC., FOR REPLACING THE CITY'S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND . THE CITY'S PERMITTING SYSTEM, TO AMEND THE PROVISIONS REGARDING PROJECT MANAGEMENTSERVICES' lnformation Technorogy A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH FOR THE COLLABORATIVE PREPARATION OF THE ASSESSMENT OF FAIR HOUSING (AFH), WHICH ASSESSMENT IS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING EXECUTION OF THE MOU BY THE CITY MANAGER AND THE CITY CLERK; AND FURTHER AUTHORIZING THE CITY ADMINISTRATION TO SUBMIT THE MOU TO HUD FOR ITS REVIEW. Housirg and Community Services A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE CITY'S AGREEMENTS WITH THE SALVATION ARMY AND CAMILLUS HOUSE, INC. FOR THE PROVISION OF EMERGENCY SHELTER BEDS, EXTENDING THE EXPIRATION DATE FOR BOTH AGREEMENTS FROM APRIL 30,2017 TO SEPTEMBER 30, 2017 IN ORDER TO ENSURE THE CURRENT LEVEL OF SERVICE THROUGH THE END OF THIS FISCAL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH THE SALVATION ARMY REQUTRTNG F|VE (s)ADDTTTONAL SHELTER BEDS SERVTNG WOMEN AND FAMILIES. Housing ard Community Services A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND FUNDING AGREEMENTS: 1) THE MIAMI.DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (FY) 2016117 FUNDING IN THE APPROXIMATE AMOUNT OF $25,OOO FOR IDENTIFICATION ASSISTANCE THROUGH THE CITYS HOMELESS OUTREACH PROGRAM AND 2) THE MIAMI-DADE COUNTY HOMELESS TRUST FOR FTSCAL YEAR (Fy) 2016/17 tN THE APPROXIMATE AMOUNT OF $25,OOO FOR THE CITY'S HOTEUMOTEL PLACEMENT AND THE HOTEUMOTEL TNFORMATTON SYSTEM (HMtS) STAFFTNG PROGRAM. Budget and Performance lmprovement A RESOLUTION OF THE MAYORAND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE AND COMPLETE THE CoNSTRUCTION OF PHASE r OF THE BTSCAYNE BAy COASTAL WETLANDS (BBCW) PROJECT; URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE THE PLANNING OF PHASE II OF THE BBCW PROJECT SO THAT SUCH PLANNING OCCURS AS SOON AS POSSIBLE AND PRIOR TO THE CURRENT SCHEDULED START DATE OF 2021; DIRECTING THE CITY OF MIAMI BEACH'S STATE AND FEDERAL LOBBYISTS TO ADVOCATE FORADMINISTRATIVE ACTION THAT WOULDACCOMPLISH THE GOALS SET FORTH IN THIS RESOLUTION; DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN ITS LEGISLATIVE PRIORITIES FOR THE 2017 STATE AND FEDERAL Page 6 of757 6 c70 C7P C7Q C7R c7s LEGISLATIVE SESSIONS AND FUTURE LEGISLATIVE SESSIONS; AND, FURTHER, DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS, THE SECRETARY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE GOVERNING BOARD AND EXECUTIVE DIRECTOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. Office of the City Attorney Commissioner John Elizabeth Aleman A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29607, IN ORDER TO APPROVE AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A REVISED PROFESSIONAL SERVICES AGREEMENT WITH ARTS FOR LEARNING/MIAMI, INC., A NOT-FOR.PROFIT CORPORATION, TO INCLUDE ADDITIONAL ARTS EDUCATION PROGRAMS AT FIENBERG.FISHER K-8 CENTER, IN AN AMOUNT NOT TO EXCEED $6,000, WITH A REVISED TOTAL AMOUNT NOT TO EXCEED $81,000, WHICH AGREEMENT SHALL HAVE AN tNtTtAL TERM OF ONE (1)YEAR, WITH THE OpTtON, AT THE CrrY',S SOLE DTSCRETTON, TO EXTEND FOR AN ADDTTTONAL TWO (2) YEARS CONTINGENT UPON THE APPROPRIATION OF REQUIRED FUNDING BY THE MAYOR AND CITY COMMISSION. Tourism, Culture and Economic Development A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE CAFE, INC. D/B/A SEGAFREDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 1O4O LINCOLN ROAD, MIAMI BEACH FLORIDA, Tourism, Culture and Economic Development A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND FRIENDS OF THE BASS MUSEUM, INC.; SAID AMENDMENT PERMITTING THE OPERATION OF AN OUTDOOR CONCESSION AREA ADJACENT TO THE MUSEUM, WHICH WILL PROVIDE FOOD AND BEVERAGE CONCESSION SERVICES TO MUSEUM VISITORS AND THE GENERAL PUBLIC; AND FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE SUBJECT TO THE ADVANCE APPROVAL OF THE MAYOR AND CITY COMMISSION. Tourism, Culture and Economic Development A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING ANY RELIGIOUS-BASED OR NATIONALITY.BASED REG ISTRATION OF PERSONS ENTERING THE UNITED STATES OFAMERICA. Office of the City Attorney Commissioner Michael Grieco A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY AND RETROACTIVELY AWARDING $60,000 TO H,O.P.E. IN MIAMI.DADE, INC. FOR THE PROVISION OF EMPLOYMENT SERVICES FOR THE HOMELESS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARYAGREEMENTS. Housing and Community Services Page7 of757 7 REGUL,ARAGENDA R5 - Ordinances R5 A DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTATNTNG TO THE SUBJECT OF A StX (6) MONTH MORATORTUM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO B5TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF BsTH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; FOR ZONING lN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 10:00 a.m. First Reading Public Hearing Planning / Office of the City Attorrey Commissioner RickyArriola & Co-Sponsored by R5B Vice-Mayor Joy Malakoff 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,' AT DIVISION 6, 'CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,' SECTION 142-332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY ANDAN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing First Reading PH on December 14,2016 - R5 K Planning Vice-Mayor Joy Malakoff R5 C COMPREHENSIVE PLAN. TRANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENTITLED 'LAND DEVELOPMENT REGULATIONS," TO ALLOW 'TMNSIT INTERMODAL FACILITIES'AS A PERMITTED USE WITH IN THE FOLLOWING LAND USE CATEGORIES: LOW INTENSITY COMMERCTAL CATEGORY (CD-1), MEDTUM tNTENStry COMMERCTAL CATEGORY (CD-2), HIGH INTENSTTY COMMERCTAL CATEGORY (CD-3), pUBLtC FACtLtTy HOSPITAL - PF (PF-HD), PUBLIC FACILITY: GOVERNMENTAL USES (PF), PARKING (P), GENERAL MIXED USE COMMERCTAL',PERFORMANCE STANDARD', CATEGORY (CpS-2), TOWN CENTER CORE CATEGORY (TC-1), AND TOWN CENTER COMMERCTAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION "RECREATTON OPEN SPACE" (ROS) ALONG THE JULTA TUTTLE TO "PUBLIC FACILITY' (PF);AMENDING THE PARKING (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY;AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS Page 8 of757 8 FoLLowS: OBJECTIVE 1, ENTITLED "LEVEL oF SERVlcE," To REFLECT THE ctry'S ADOPTED MODE oF TRANSPORTATION HIERARCHY; oBJECTtvE 2, ENT|TLED ''COORDINATION WITH LAND USE,'' TO DETAIL THE NEEDS FOR TRANSIT INTERMODAL FACILITIES; oBJECTIVE 3, ENTITLED "ROADWAY PLANNtNG, DESTcN AND CONSTRUCTION,'' TO INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION oPTloNS; OBJECTIVE 4, ENTITLED "MASS TRANS|r," To ENCOURAGE MASS TRANSTT OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE'' TO DETAIL OPTIONS FOR TRANSPORTATION INFRASTRUCTURE; OBJECTIVE 6, ENTITLED''MULTI-MODAL TRANSPORTATION AND MOBILITY OPTIONS," TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION oPTloNS; OBJECTIVE 7, ENTITLED "ENHANCE, PROTECT, AND PRESERVE THE CITY'S NEIGHBORHOODS," TO CLARIFY COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED ',PARKING,'' TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE 10, ENTITLED''TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS,' TO REQUIRE COORDINATION RELATING TO'TRANSIT INTERMODAL FACILITIES;'' THE GLOSSARY OF TERMS TO INCLUDE THE TERM,TRANSIT INTERMODAL FACILITY, AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PRovlD|NG FoR INCLUSIoN lN THE coMPREHENStvE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Planning Commissio ner Ricky Arriola R5 D LDR - TRANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 114.1, ENTITLED 'DEFINITIONS" TO PROVIDE A DEFINITION FOR A 'TRANSIT INTERMODAL FACILITY" AND ASSOCIATED DEFINITIONS; AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS, 2, 3, 4, 5, 6, AND 7," TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL FACILITIES," AND ESTABLISHING SECTION 130-40, 'BICYCLE PARKING REQUIREMENTS,' TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE PARKING FOR "TRANSIT INTERMODAL FACILITIES"; AMENDING CHAPTER 130, "OFF- STREET PARKING,'ARTICLE III, 'DESIGN STANDARDS,' SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," ESTABLISHING REGULATIONS AND TO ALLOW FOR UP TO FIVE STORTES rN ADDTTTONAL BUTLDTNG HETGHT (50 FEET) SHOULD A ''TRANSIT INTERMODAL FACILITY' BE AN ACCESSORY USE TO A MAIN USE PARKING GAMGE; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,, AT ARTICLE II, "DISTRICT REGULATIONS,' TO INCLUDE A "TRANSIT INTERMODAL FACILITY'WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS: CoMMERCIAL LOW INTENSITY (CD-1), COMMERCTAL, MEDTUM DENSITY (CD-2), CoMMERCIAL, HIGH INTENSITY (CD-3), CtVrC AND GOVERNMENT USE (cU), HOSP|TAL DISTRICT (HD), COMMERCIAL PERFORMANCE STANDARD, GENERAL MIXED USE (C- PS2), NORTH BEACH TOWN CENTER CORE (TC-1), NORTH BEACH TOWN CENTER MIXED USE (TC-2); BY ESTABLISHING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE V, 'SPECIALIZED USE REGULATIONS," DIVISION 4, "TRANSIT INTERMODAL FACILITIES," TO ESTABLISH REGULqTIONS AND PROVIDE UP TO FIVE STORIES lN ADDITIONAL HEIGHT (50 FEET) SHOULD A',TRANSIT TNTERMODAL FACILITY' THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE AN INCLUDED USE WITHIN A PROPERTY OR UNIFIED DEVELOPMENT SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; ANDAN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Continued from December 14,2016 - R5 A 10:10 a.m. Second Reading Public Hearing Continued from December 14,2016 - R5 B Planning Commissiorer Ricky Aniola Page 9 of757 9 R5 E 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," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS ''FOR FOOD SERVICE ARTICLES,' AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS,'' TO PROVIDE REGULATIONS THEREFOR, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY CODIFICATION, AND AN EFFECTIVE DATE. R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED 'PUBLIC PROPERTY' BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY" BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT,' BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN sTH STREET AND 15TH STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing First Reading on December 14, 2016 - R5 J 10:25 a.m. Second Reading Public Hearing First Reading on December 14,2016 - R5 I First Reading Continued from December 14,2016 - R5 H Environment and Sustainability Commissioner John Elizabeth Aleman Planning Commissio ner Ricky Arriola R5G SUNSET HARBOUR HEIGHT AND SETBACK: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONSOFTHECITY CODE, BY AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS,' ARTICLE II, "DISTRICT REGULATIONS', DIVISION 5, ''CD-2, COMMERCIAL, MEDIUM- INTENSITY DISTRICT,'SECTION 142-306, "DEVELOPMENT REGULATIONS," BY AMENDING THE SETBACKS AND MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR MIXED.USE DEVELOPMENT IN THE SUNSET HARBOUR AREA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. Planning Private Application R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY" AT DIVISION V ENTITLED "SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE;AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; PROVIDING FOR REPEALER, SEVERABILITY CODIFICATION, AND AN EFFECTIVE DATE. Firct Reading Public Works Commissioner Ricky Arriola R5t AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED 'MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE IV, ENTITLED 'VESSELS," BY CREATING SECTION 66-155 THEREOF TO BE ENTITLED "PROHIBITION OF ADVERTISING SIGNS ON VESSELS," WHICH PROHIBITS THE OPERATION OF AN ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL WATERS OF THE CITY; BY ESTABLISHING PENALTIES; PROVIDING FOR REPEALER, SEVERABtLtTy COD|FICAT|ON, ANDAN EFFECTTVE DATE. Page 10 of757 10 R7A Commissioner Michael Grieco R7 - Resolutions A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITWVIDE PROJECTS COMMITTEE, AND WAIVING, BY 5i7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY LANDLORD) AND THE MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF APPROXIMATELY 935 SQUARE FEET OF CITY.OWNED PROPERTY (PREMISES), LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, FOR A PERIOD OF TWO (2) YEARS AND TWENTY-FIVE (25) DAYS, COMMENCING RETROACTIVELY ON DECEMBER 7,2016 AND ENDING ON DECEMBER 31, 2018. JOINT REDEVELOPMENT AGENCY AT{D CITY COMMISSION 11:30 a.m. Public Hearinq Tourism, Culture and Economic Development R7 B A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5I7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE PLACEMENT OFA 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. 11:35 a.m. Public Hearing Parks and Recreation Commissioner John Elizabeth Aleman R7C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016117. (ITEMTO BE SUBMITTED IN SUPPLEMENTAL) 11:45 a.m. Public Hearinq Budget and Performance lmprovement R7D Firct Readino (]TEMTO BE SUBMITTED ]N SUPPLEMENTAL) Office of the City Attorney A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, THE TITLE VI PROGRAM AND RELATED NONDISCRIMINATION POLICY AND PLAN (TITLE VI PROGRAM PLAN), AS AMENDED, SUPPLEMENTING THE EXISTING TITLE VI PROGRAM PLAN, BY EXPANDING ITS APPLICATION TO ALL CITYWIDE SERVICES (INSTEAD OF JUST TRANSPORTATION); AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH FURTHER MODIFICATIONS TO THE TITLE VI PROGRAM PLAN AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS IN WHICH THE CITY PARTICIPATES. Transportation A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE STEERING COMMITTEE OF THE WASHINGTON AVENUE PROPERTY OWNERS, FOR THE PURPOSE OF ESTABLISHING A SPECIALASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE WASHINGTON AVENUE RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES. Office of the CityAttorney R7E Page 11 of757 11 Commissioner Michael Grieco R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY'S POLICIES OF NONDISCRIMINATION AND INCLUSION, CREATING A SAFE SPACE PROGRAM FOR BUSINESSES AND OTHER ORGANIZATIONS IN THE CITY TO DEMONSTRATE THEIR COMMITMENT TO THE SAFETY AND EQUAL TREATMENT OF MEMBERS OF THE LESBIAN, GAY BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING ('LGBTO") COMMUNITY AND DIRECTING THE POLICE DEPARTMENT TO CONDUCT OUTREACH EFFORTS TO PROMOTE THE SAFE SPACE PROGRAM. R7G Police Department / Office of the City Attorney Commissioner M ichael Grieco A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF EVA SILVERSTEIN AS THE DIRECTOR FOR THE TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT OF THE CITY OF MIAMI BEACH. Human Resources A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REQUIRE INSURANCE COMPANIES TO OFFER PROPERTY INSURANCE PRODUCTS THAT ADDRESS SEA LEVEL RISE AND INCENTIVIZE GREEN MEASURES THAT MITIGATE THE RISKS RELATED TO CLIMATE CHANGE AND FLOODING- R7H Defened from December 14,2016 - R7 P Office of the City Attorney Commissioner Kristen Rosen Goraalez R9A R9B R9C R9D R9E R9F R9 - New Business and Commission Requests BOARD AND COMMITTEE APPOINTMENTS. Office of the City Clerk BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS. Office of the City Clerk APPOINTMENT OF MOJDEH L. KHAGHAN AS A COMMISSIONER TO THE HOUSING AUTHORITY OF MIAMI BEACH. Mayor Philip Levine DR. STANLEY SUTNICK CITIZEN'S FORUM. (B:30A.M.) DR. STANLEY SUTNICK CITIZEN'S FORUM. (1:00 P.M.) Office of the City Clerk DISCUSSION ON INSTALLING A RESILIENT FLORIDA-FRIENDLY LANDSCAPE AT CITY HALL THAT INCLUDES AN EDUCATIONAL ELEMENT AND NATIVE PLANT IDENTIFICATION GARDENS. Environment and Swtainability DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. Commissioner M ichael Grieco DISCUSSION REGARDING INCORPOMTING SAFETY BOLLARDS AT ALL LINCOLN ROAD INTERSECTIONS. R9G Page 12 ot 757 Commissioner Michael Grieco 12 R9H R9t R9J R9K R9L R9M R9N R90 R9P R9Q R9R R9S DISCUSSION REGARDING MIAMI BEACH'S PRACTICES MOVING FORWARD. APPROACH TO RECYCLING AND BEST Commissioner Michael Grieco DISCUSSION REGARDING THE MAYOR CHARLES HALL AND ANDREE JULIETTE BRUN BUSTS FORMERLY LOCATED AT THE JACKIE GLEASON THEATER AND AN UNTITLED SCULPTURE BY THE ARTIST LENORE FORMERLY STORED AT THE MIAMI BEACH CONVENTION CENTER. Tourism, Culture and Economic Development DISCUSSION REGARDING LINCOLN ROAD CAFE PENALTIES FOR HALLOWEEN PERMIT VIOLATIONS. Commissioner John Elizabeth Aleman DISCUSSION AND REFERRAL TO NEIGHBORHOOD/COMM UNITY AFFAIRS COM M ITTEE: CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORTAND PROTECT SMALL BUSINESSES. Co mmissioner M ichael Grieco REPORT REGARDING THE RECENT BANK ACCOUNT FRAUD. Office of the City Manager DISCUSSION REGARDING POLICE/FIREiSANITATION FEES TO BE INCURRED BY MIAMI DESIGN PRESERVATION LEAGUE (MDPLYART DECO WEEKEND. Co mmissioner Michael Grieco UPDATE AND DISCUSSION ON MIAMI BEACH MOSQUITO CONTROL EFFORTS/COUNTY ALTERNATIVES. Commissioner Kristen Rosen Goraalez DISCUSSION REGARDING IDENTIFYING AN OPERATOR FOR THE PLANNED FOOD AND BEVERAGE CONCESSION AT SOUNDSCAPE PARK. Tourism, Culture and Economic Development DISCUSSION REGARDING REMOVAL OF FUTURE RESIDENTIAL USE FROM THE RFP FOR THE NEW COLLINS PARK GARAGE. Vice-Mayor Joy Malakoff DISCUSS GIVING ALL CITY BOARDS/COMMITTEES AN AUGUST RECESS, TO ALLOW FOR VOLUNTEER BOARD/COMMITTEE MEMBERS TIME TO TRAVEL, BE WITH FAMILY AND HAVEA BREAK. Commissioner Rosen Gorzalez DISCUSSION AND REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, ON THE CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA, PLACEMENT AND SELECTION PROCESS. Commissioner M icky Steinberg DISCUSSION REGARDING WHAT OCCURRED TO THE MEDALLION DEDICATED TO MUHAMMAD ALI THAT VANISHED YEARS AGO FROM HALL C OF THE MIAMI BEACH CONVENTION CENTER. Commissioner Kristen Rosen Gorualez DISCUSSION ON WHAT PROACTIVE ACTIONS THE CITY AND OTHERS CAN TAKE TO MINIMIZE THE RISK OF ZIKA SPREADING IN MIAMI BEACH IN THE FUTURE. R9T Page 13 ot757 13 Commissioner Micky Stei nberg R9 U DISCUSSION - WHERE IS THE $3.6 MILLION MISSING FROM CITY'S SUNTRUST ACCOUNT? Commissio ner Kristen Rosen Gonzalez R9 V DISCUSS URGING THE FLORIDA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND BEVERAGE CONSUMPTION TO FUND EFFORTS TO END HOMELESSNESS. Commissio ner Ricky Arriola R9 W COMMITTEE OF THE WHOLE MEETING CALLED BY COMMISSIONER KRISTEN ROSEN GONZALEZ, TO BE HELD DURING LUNCH RECESS OF THE CITY COMMISSION MEETING ON WEDNESDAY JANUARY 11,2017,IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS HIRING PRACTICES REGARDING COMMISSION AIDES. Commissio ner Kristen Rosen Gonzalez R9 X DISCUSSION ON REINSTATING THE STEERING COMMITTEE TO AID IN THE NORTH BEACH MASTER PLAN IMPLEMENTATION PROCESS. Commissioner Micky Steinberg R9 Y DISCUSS ADOPTING A CHARTER BALLOT QUESTION ASKING CITY VOTERS WHETHER CITY COMMISSIONERS SHOULD HAVE THE RIGHT TO HIRE AND FIRE THEIR OWN ADMINISTRATIVE AIDES. Commissio ner Kristen Rosen Gorzalez R1O A R1O B R10 - CityAttomey Reports C ITY ATTORNEY'S STATUS RE PORT. Office of the City Attorney NOTICE OF CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION WILL BE HELD DURING RECESS OF THE CITY COMMISSION MEETING ON WEDNESDAY JANUARY 11,2017,IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FORA DISCUSSION RELATIVE TO COLLECTIVE BARGAINING. Human Resources Reports and lnformational ltens REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD wrTHrN (6) StX MONTHS FROM REFERRAL DATE. Office of the City Clerk Notices MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR PRESENTATIONS DURING PUBLIC MEETINGS. 2017 COMMISSION MEETING DATES. 1. 1. 2. 3. 4. Page 14 of757 14 5. ADVERTISEMENTS FOR THE JANUARY 11,2017 COMMISSION MEETING Page 15 of757 15 16 17 Comoetitive Bid Reoorts - C2 A COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimnry L. Morales, City Manager January 11,2017 MIAAAI BEACH TO: FROM: DATE: SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BrD (rTB) NO. 2017-032-ND FOR PATNTTNG AND STR|ptNG OF DEDI CATED BI CYCLE LANES. RECOMMENDATION Award contract to Atlantic Paving Co., lnc., the sole responsive, responsible bidder to the lTB, and authorize the Mayor and City Clerk to execute the contract. ANALYSIS On October 14, 2015, the City Commission approved the avvard of a contract, pursuant to lnvitation to Bid (lTB) No. 2016-002-KB for Painting and Striping of Dedicated Bicycle Lanes, to Atlantic Paving Co. (the "Agreement"). At that time, the City received bids for the work from Atlantic Paving Co. and McShea Contracting, LLC. The bid received from McShea Contracting, LLC was approximately 300% higher than the bid from Atlantic Paving. As such, the Agreement \,ias awarded to Atlantic Paving Co., the lowest responsive, responsible bidder. The Agreement with this firm is only effective until such time as the amount of the Agreement, $1,536,097, has been expended. ln order to complete a successor agreement, on November 15,2016, the City issued ITB No. 2U7-A32-ND for the painting and striping of dedicated bicycle lanes. The scope of work under this ITB includes furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the Work in accordance with the Conkact Documents. ITB PROCESS ITB No.2017-032-ND was issued on November 15, 2016, with bid opening date of December 12, 2016. No addenda were issued. The Procurement Department issued bid notices to 177 companies utilizing www.publicpurchase.com raebsite. 24 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of one (1) response from Atlantic Paving Co., Inc. ("Atlantic"). The pricing received fromAtlantic is included inAttachmentA. No other bids were received. ln reviewing the fact that only one (1) bid was received, staff has determined that there are few bidders for these services in the local region. ln fact, the two local govemmental agencies that have recently awarded work for the painting of bike lanes , Miami -Dade County and Key Page 16 of757 18 Biscayne, have awarded the work to Atlantic Paving. lt is also important to note that the price offered by Atlantic pursuant to this ITB is the same as the current price being paid by the City under its current contract. ln other words, the City will not experience a cost escalation resulting from the award of this lTB. Additionally, the City is satisfied with the service being provided by the vendor under the current contract. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. ln its due diligence, the Procurement Department verified that Atlantic has met all of the requirements of the lTB. Accordingly, Atlantic has been deemed the sole responsive and responsible bidder meeting all terms, conditions, and specifications of the lTB. Atlantic Paving Co., lnc. Atlantic Paving Co., lnc. has almost 20 years of experience in the decorative surfacing industry. Throughout the years they have developed one of the most complete full spectrum product lines in the industry. This varied product line has earned them the reputation as the "go to" company for many statewide decorative roadway projects and commercial applications. Some of these projects include: Crandon Boulevard in Key Biscayne, Florida, 15th Streetfrom US1 to Australian Avenue in the City of West Palm Beach, 41A from Hillsborough Boulevard to N.E. 3rd Street in the City of Hillsborough, and the Rickenbacker Causeway in Miami Dade County. CONCLUSION After considering staff's recommendation and the bid received, pursuant to ITB 2017-032-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Atlantic Paving Co., lnc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive MobilityAddressing All Modes Throughout The City FINANCIAL INFORMATION Grant funding will not be utilized for this project. Funding has been identified for painting green bike lanes on Ocean Drive from Sth Street to South Pointe Drive. Additional requests will be based on approved funding for the pQect(s). Amount 1 $ 122,980.00 Account I 106-9615-000312-30-403-529-00-00-00 Legislative Tracking Transpo rtation / P rocurement ATTACHMENTS: Description n AttachnrentA*Tabulation Page 17 of757 19 ATTACHMENT A NAME OF VENDOR Atlantic Paving Co., lnc. Item Quantity U/M Unit Cost I ota (Quantitiy X Unit Cost) 1 Up to 1-0,000 square feet of work 10,00 SF Ss.sr Sos,ooo.oc 2 10,000 to 25,000 square feet of work 25,000 SF s6.s(s152,s00.0c 3 25,000 to 50,000 square feet of work 50,000 5F s6.s(Sezs,ooo.oc 4 Above 50.000 souare feet of work 100.000 SF Ss.sc S6so.ooo.oc TOTAI s1,202,500.0c Page 18 of 757 20 21 Competitive Bid Reports - C2 B COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2017-OO2.JC EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES. RECOMMENDATION Authorize the issuance of the RFP. ANALYSIS The City's Fire-Rescue Department provides Basic Life Support (BLS) and Advanced Life Support (ALS) emergency medical transport for residents and visitors, from incident scenes to emergency healthcare facilities. The patients are charged a BLS or ALS transportation fee, a mileage fee, and other charges including, but not limited to, oxygen administration, cardiac monitoring, intubation, and/or spinal immobilization. On May 18, 1994 the City of Miami Beach through the City Commission Memorandum No. 359- 94 awarded Advanced Data Processing, lnc., (ADPI) an agreement for emergency medical transport billing and collection services with the option for tra,rc (2) additional years at the City Manager's discretion. A second agreement was approved on December 15, 1999 and expired on December 15, 2004 after the City elected to renew the agreement for the two (2) additional one (1) year terms. This agreement was further extended on a monthto-month basis until June 2008, when a third consecutive agreement with ADPI was finalized, whereby the City piggybacked Miami-Dade County Contract No. TBW7863-01 -06-1 . On September 16, 2010 the City Commission passed Resolution No. 2010-27380 waiving the competitive bidding requirements and allowing the City to amend an existing contract with ADPI. The amendment allowed the City to provide for additional services, utilizing their proprietary TripTx ePCR system. The current agreement with ADPI has been on a month-to-month basis since term expiration on September 16, 2Arc. The services provided by Advanced Data Processing, lnc., include, but are not limited to, obtaining patient and insurance information for emergency medical transport services provided, verification of patient insurance and patient demographic information, filing claims and sending invoices to self-pay accounts, submitting claims to Medicare, Medicaid, and insurance companies, processing third-party reimbursements, and providing specific management and Page 19 ot757 22 financial reports on a monthly basis, as specified by the City. Since the City of Miami Beach outsourced its emergency medical transport billing and collection services in 1994, there are nownumerous companies engaged in revenue cycle management seruices. Additionally, there are companies providing Electronic Patient Care Reporting (ePCR) software with full integration to revenue cycle management platform services. Therefore, the City of Miami Beach is seeking qualified, experienced and licensed firm(s) to provide emergency medical transport billing, ePCR and collection services for the City's Fire-Rescue Department, in accordance with the terms, conditions, and specifications contained in Request for Proposals (RFP) 2017-002-JC. SCOPE OF SERVICES It is the intent of the City of Miami Beach to establish a contract with a revenue cycle management services provider, responsible for collecting fees, capturing, generating and modifying patient care reports, gathering and archiving patient care data, gathering and reporting performance statistics, generating and processing insurance billing and payments, collecting and remitting funds to the City from emergency care patients transported via ambulance by the City's Fire-Rescue Department. Additional services and material requirements include the acquisition, installation, connectivity, maintenance and supporl of rugged mobile computer laptop devices in fire-rescue vehicle(s), as well as desktop client softuare installation and support at all Fire-Rescue Department stations.' MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 26, RFP 2U7-A02-JC for Emergency Medical Transport Billing and Collection Seruices. ' SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 13, RFP 2U7-402-JC for Emergency MedicalTransport Billing and Collection Services. ' CRITERIAFOREVALUATION. Please Reference Section 0400, Page: 15, RFP 2017402-JC for Emergency Medical Transport Billing and Collection Services. CONCLUSION The Administration recommends that the lr/ayor and Commission authorize the issuance of RFP 2017-002-JC for Emergency MedicalTransport Billing and Collection Services. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Energency Preparedness FINANCIAL INFORMATION Grant funding is not utilized on this project. Legislative Tracking Fire / Procurement AfiACHMENTS: Description Page 20 o'f 757 23 Rrp :il17-0fi?-J* Page 21 of757 24 REGUEST FOR PROPOSALS (RrP) EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECT]ON SERVICES 2017-002-JC RFP ISSUANCE DATE: JANUARY 13,2017 PROPOSALS DUE: MARCH 1,2017 @3:00 PM M nrIIAMIBEACH Jqson Crouch, Procurement Controcting Officer ll DEPARTMENT OF PROCUREMENT MANAGEMENT 1755 Meridion Ave, 3'd Floor, Miomi Beoch, FL 33139 305.673 .7OOO x669 4 | iosoncrouch@miomibeochfl.gov I www. miomibeochfl.gov RFP 20r7-0O2-)C Page 22 of 757 25 ,h 1.,, ' TABLE OF CONTENTS SOLICITATION SECTIONS :PAGE 0100 NoT uTrLtzED ........ ... ..................,.N/A O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ..............3 O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ........13 0400 PRoPoSAL EVALUATTON .......... .....15 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........17 APPENDTX B "NO pROpOSAL',FORM ......................24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...................26 APPENDIX D SPECIAL CONDITIONS............ .,.....,....44 APPENDIX E COST PROPOSAL FORM ....................47 APPENDIX F INSURANCE REQUIREMENTS .-..... . .50 RFP 2017-0O2-)C Page 23 ot757 26 & sEcTtoN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Requestfor Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and togeiher establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Propose(s) (the "contractor[s]") if this RFP results in an award. TheCityutilizesPublicPurchase@)forautomaticnotificationofcompetitivesolicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City's FIRE-RESCUE DEPARTMENT provides medical transportation for the residents and visitors transported from incident scenes to health care facilities in EMS kansport vehicles requiring Basic Life Support (BLS) or Advanced Life Support (ALS). The individuals are charged a BLS or ALS kansportation fee, a mileage fee, and other charges including, but not limited to, oxygen administration, cardiac monitoring, intubation and/or spinal immobilization fees. The services to be provided include, but are not limited to, obtaining patient and insurance information for emergency medical transport services provided, verifying patient insurance and patient demographic information, filing claims and sending invoices to self-pay accounts, submitting claims to Medicare, Medicaid, and insurance companies, processing third party reimbursements, and providing specific management and financial reports on a monthly basis, as specified by the City. The City of Miami Beach is seeking qualified firm(s) to provide Emergency Medical Services (EMS) ambulance billing and Electronic Patient Care Reporting (EPCR) services for the City's FIRE-RESCUE DEPARTMENT, in accordance with the terms, conditions and specifications contained in this Request for Proposals (RFP). Proposers shall demonskate their experience in the area of Medicare and Medicaid billing, and propose to perform the work in a manner which shall meet or exceed the technical specifications herein contained. On September27,2012 the City Commission passed Resolution No. 2012-28023 authorizing the billing of $800 for Basic Life support, Advanced Life Support 1, orAdvanced Life Support 2 emergent medical transports to assist in mst recovery. Transport fees are established by Miami Dade County Code Section 4-7. Additional charges in varying amounts are based on miles transported to the hospital and the need for supplemental medical services such as cardiac monitoring, intravenous/intraosseous therapy, airway intubation, and oxygen delivery. Despite these associated costs for medical transportation of a patient no individuals are deprived of fire-rescue transport services due to their inability to pay for services, The following table lists the relevant FIRE-RESCUE DEPARTMENT data regarding medical calls and kansports for Fiscal Year 201312014 and Fiscal Year 201412015 as compiled from the FIRE-RESCUE DEPARTMENT'S computer aided Dispatch (CAD) and report management software (RMS) databases: RFP 20r7-0O2-)C Page 24 ot757 27 FY 13t14 FY 14t15 EMS Calls 17,058 18,050 EMS Transports 7,955 7,956 ,. :a The City collected the following revenues fees during the past two (2) fiscal years FY 13t14 FY 14t15 TOTAL Gross Collection $1,967 ,207.75 s2,356,U29.32 $4,323.237.07 AIIPI Fee (11.lYa $'t3'2,134.36 $277 ,721.s8 $509,855.94 Net Collection $1,508,586.69 $1,836,052.59 $3,344,639.28 ln the current professional services agreement the City of Miami Beach pays fees for services at a rate of six and one-half percent (6.5%) of all monies collected by ADPI, excluding Medicaid accounts. ADPI includes in the same invoice an amount of $10.00 per Medicaid accountfor providing all billing services related to such accounts. The tentative schedule for this solicitation is as follows: RFP lssued January 13,2017 Pre-Proposal Meeting February 1,2017 1 1.00 AM Deadline for Receipt of Queslions February 9,2017 5:00 PM Responses Due March 1, 2017 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Tele$rone The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200, page3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. b: Rl-P2Ut/OO',z)C Page 25 o1757 28 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Ave, 3'd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately wilh PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http //web. miamibeachfl .qov/procu remenUscroll.aspx?id=235 1 0 . CONE OF S|LENCE..., CITY CODE SECTION 2486. PROTEST PROCEDURES. CITY CODE SECTION 2-371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH 2406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTtssuEs........... ctry coDE sEcTtoN 2488 & Rr-P 201/-ooz-)c Page 26 of757 29 b:. REQUIREI/ENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS....... tv|NeWAGEREQUIREMENT,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES. . FALSE CLAIMS ORDINANCE. ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... .... CITY CODE SECTION 2{49 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submii a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287 .017, lor CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's Proposal protest procedures, as codified in Sections 2-370 and 2-371 of the City Code (the City's Proposal Protest Ordinance), Protest not timely made pursuant to the requirements of the City's Proposal Protest Ordinance shall be barred. i;: CITY CODE SECTION 2.373 EITY EODE SEETIONS 2 407 THROUCH 2 410 CITY CODE SECTION 2-374 CITY CODE SECTION 7O.3OO Rr-P 20 1/ oo'2)c Page27 of 757 30 17, NOT USED. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section2-374, the City shallgive a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and conkolled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and othenvise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manage/s recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1 ) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specilied, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCEIREJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any inegularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the conkact or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the conkact by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any b ,t:.t.,.:./.:.: Krr 2u t /-uol-)L Page 28 of 757 31 g : ' i(i"""- obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection iherewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSH|P TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFEW. ln compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS, The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or seryices have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be mnsistent with Purchase Order format. 29. COPYRIGHT. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. .30. DEFAULT. Failure or refusal of the selected Proposer to execute a contract following approval of such conkact by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposerfrom the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner Kt-l' 2u I /-oo'2)c Page 29 of757 32 C '' "' t"''"--' and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where conkactor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, andior agents, for failure to comply with applicable laws. 32, SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. 34. DEMONSTRATION OF COMPETENCY. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regulady engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonshate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require material information from the source of supply regarding tlre quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the mntract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to Kt-l' 2u I /-oo'2-)a Page 30 of757 33 g I "''..,'1........-., , any person, company or corporation, withoui the prior written consent of the City. 36. LAWS. PERMITS AND REGULATIONS. The Proposer shall obiain and pay for all licenses, permits, and inspection fees required io complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profii agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the inteni of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTMCT EXTENSION. The City reseryes the right to require the Conhactor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the conhactor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Proposal including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section'119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution untilsuch time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 1'19.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public remrds disclosure requirements are not disclosed except as authorized by law; (d) Meet all Page 31 of757 34 b requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contracior upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of ihe public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or kibunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or pro.lect contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after conkact award will not be considered. 46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term andlor condition was originally set forth on the RFP). 47. ACCEPTANCE OF GIFTS. FAVORS. SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless othenruise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendo(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. lf these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the cunent contract vendo(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). ln some cases, the City may deem it necessary ilRt-t' 2u I /-oo'L)c Page 32 oI 757 35 4 :'',". -z: to add additional items through a formal amendment to the Conkact, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Pase lntentionallv Left Blank Rr-P 20 1/ oo'2-)c Page 33 of757 12 36 SECTION O3OO PROPOSAL SUBM]TTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which ihe proposal is submitted: solicitaiion number, solicitation title, Proposer name, Proposer return address. Proposals received elecironically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein for the receipt of Proposals. Any Proposal received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or oiherwise. 3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation Commitiee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Eleckonic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. Cover Letter & Minimum Qualifications irements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum ix C, Minimum Requirements and Specificati & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven kack record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and yea(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Disaster Recovery Compliance. Proposer shall provide a copy of its disaster and recovery policies and procedures. 2.4 Financial Capacity. At the request of the City each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at8004252495. RFP 2017-0021C Page 34 of757 IJ 37 Scope of Services ed Submit detailed information addressing how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, implementation plan, project timeline, phasing options, and risk mitioation for assuring proiect is implemented on time and within budqet, as applicable. Cost Proposal Submit a completed Cost Proposal Form (Appendix E). Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Balance of Pase lntentionallv Left Blank Rr-P 2U t /-OO'.2-)C Page 35 o1757 14 38 sEcTtoN 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is importani to note that the Evaluation Committee will score the qualiiaiive portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be fonruarded to the City Manager who will utilize the results to make a recommendation to the City Commission. ln the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation commitiee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by ihe Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may review and score all proposals received, with or without conducting inierview sessions. Experience and Qualifications Scope of Services Proposed 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows, Cost Proposal Veterans Preference 4. Cost Proposal Evaluation. The cost proposal points shall be developed in acmrdance with the following formula: Samole Obiective Formula for Cost Vendor Vendor Cost Proposal Example Maximum Allowable Points (Poinb noted are for illustrative purposes only. Actual points are noled above.) Formula for Calculating Points (lowest cost / cost of proposal being evaluated X maximum allowable points = awarded points) Round to Total Points Awarded Vendor A $100.00 30 $100/$100X30=30 30 Vendor B $150.00 30 $100/$150X30=20 20 Vendor C $200.00 30 $100/$200X30=15 15 RFP 2017-0021C Page 36 of757 IJ 39 5. Determination of Final Ranking. At ihe conclusion of the Evaluation Commitiee Step 1 scoring, Step 2 Points will be added to each Evaluaiion Committee member's scores by ihe Department of Procurement Management. Step 'l and 2 scores will be converted to rankings in accordance with the example below: * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Committee Member 1 Step 1 Points oa 76 80 Step 2 Points 22 12 Total 104 91 92 Rank 1 3 2 Committee Member 2 Step 1 Points 70 85 72 Step 2 Points 22 15 1a Total 101 100 84 Rank 1 2 3 Committee Member 2 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Total 102 89 78 Rank 1 2 3 Kt-t, 2u I /-oo'21c Page 37 of757 t6 40 APPENDIX A & fn.{!A ,' ,1, I p\W ef*f-t,{: f tl, lt qr5&Md; a'44il t Pro poso I Certification, auestionncire & Req uireme nts Affid ovit 2017-002-JC Emergency Medicol Tronsport Billing ond Collection Services PROCU REMENT DEPARTMENT 1755 Meridion Ave, 3d Floor Miomi Beoch, Florido 33139 Rr-P 2U t /{O'.2)C Page 38 ot757 17 41 Solicitation No 2417-002-JC Solicitation Title Emerqencv Medical Transport Billino and Collection Services Procurement Contact Jason Crouch Tel 305-673-7000 ext.: 6694 Email iasoncrouch@miamibeachfl.oov PROPOSAL CERTIFICATION, QUESTIONNAIRE & NTQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer lnformation. FIRM NAME No. of Years in Business No of YearsinBusinessLocally. I No.ofEmployees OTHER NAME(S) PROPOSER HAS OPEMTED UNDER IN THE LAST 1O YEARS FIRM PRIMARY ADDRESS (HEADQUARTERS) CITY- STATE.ZIP CODE TLEPHONT NO. TOLL FREE NO FAxNO-. FIRM LOCAL ADDRESS: L;I IY. STATE:ZIP CODE: PHIMARY ACCOUN I REPRESENTATIVE FOR THIS ENGAGEMENT: AUUUUNI HET ITLEI'HUNE NU. AUUUUN I KtT IULL I-KEE NU-. AUUUUN I i(TI' EMAIL: FEDERAL TAX IDENTIFICATION NO The City reseryes the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capaci$ of the Proposer to perform in accordance with contract requirements. IB Page 39 of757 42 Veteran Owned Business. ls Proposer claiming a veteran owned business status?YES f -l ruo SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submita documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2A113748. Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name,2) Contact lndividual Name & Title, 3) Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? [__l ves [__l r'ro SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 o'f the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Gode of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ('Code-) and submit that Code to the Department of Procurement Management with its proposaliresponse or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl .gov/procuremenU. 6. KtY lo I /-ouz)L Page 40 of757 19 43 he Miami Beaeh eity eede, as same may be amendedfrem time te time, Prepesers . e emmeneing wfthe ity fiseal year 2012 13 (Oeteber '1 ; 201 2)r he heurly living rate will be 91 1 ,28/hr with healthffi The living wage rat€ and health eare benefits rate may, by Re€€lu{ien ef the eitfeemmissien be indexed annually fer inflatien ing;+s annual index shall ex6€ed three pereent (3%), The eity may alse, by same{in-a-pa+ieula+yea+l @ Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicrted contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? [--_-l vgs [__-l uo B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? [--_-l vrs [--l r'ro C. Please check all benefits that apply to your answers above and list in the 'bther' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Soouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Familv Medical Leave Bereavement Leave lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremenU. Hr-P 2U t /-OO',z1C Page 41 of 757 20 44 't0. Public Entity Crimes. Section 287 133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not kansact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Non-Discrimination. Pursuant to City Ordinance N0.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexualtty, gender identily, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of exeeuting this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016'29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. lnttialto Conlirm Rceinl lnltial to Confirm Recnint lnitialto Confirm Rccpinl Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum I Addendum 14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover. 11 12 Kt-t' 2u I /-ao2-)a Page 42 of757 tt 45 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards. or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obilgation on the part of the City. ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation Following submission of a Proposal or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreemenls executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Governmenlin{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is hue, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern, The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. Rr-P2Ut/OO'L)C Page 43 of757 22 46 I hereby certify that: l, as an authorized ageni of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name ol rroposer s Autnoflzed Representatrve:Title of Proposels Authorized Representative: Signature of Proposer's Authorized Representative Date: State of FLORIDA ) ) On this _day of _, 20_, personally appeared before me who of County of _) stated that (s)he is the a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: Ht-t'2ut/oo'l)L Page 44 of 757 47 APPEN DIX B &.: ?. .d2, -,-lk,,",,,,-1j $ ry W &.*# "No Proposol" Form 2017-002-JC Emergency Medicol Tronsport Billing ond Collection Services PROCU REMENT DEPARTMENT.l755 Meridion Ave, 3rd Floor Miomi Beoch, Florido 33139 Rr-P 20 t /to'21c Page 45 o1757 24 48 Statement of No Proposal WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDtCATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this producUservice _OTHER. (Please specify) We do - do not - want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Gompany Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Jason Crouch PROPOSAL#2017-002-tC 1755 Meridian Ave, 3'd Floor MIAMI BEAGH, FL 33139 Rt-P 20 I /l,)O'))C Page 46 of757 25 49 APPENDIX C *€zl & *tr\i f*m: .,'$r=4: ::4 Minimum Requirements & Specificotions 2017-002-JC Emergency Medicol Tronsport Billing ond Collection Services PROCU REMENT DEPARTMENT 1755 Meridion Ave, 3,d Floor Miomi Beoch, Florido 33139 Kr-P 2U t /to',2)C Page 47 ot757 26 50 C1. Minimum Eligibility Requirements The Minimum Eligibility Requirements for this soliciiation are lisied below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Proposer shall have provided Emergency Medical Services (EMS) ambulance billing and Electronic Patient Care Reporting (EPCR) system installation, integration, and management for at least two (2) other governmental entities in the last five (5) years, performing at least 20,000 emergency transports per year. Submittal requirements: For each client reference submitted, the following information is required: 1) Client's Name and Year(s) Contracted; 2) Contact lndividual Name & Title, 3)Address, 4)Telephone, 5) Contact's Email, 6) Narrative on Scope of Services provided and final completion in total days, relative to project timeline. Proposer must be enrolled in the Florida Emergency Medical Services Tracking and Reporting System (EMSTARS). Proposer must be enrolled in the National Emergency Medical Services lnformation System (NEMSIS). C2. Statement of Work Required The City's FIRE-RESCUE DEPARTMENT provides medical transportation for the residents and visitors kansported from incident scenes to health care facilities in EMS transport vehicles requiring Basic Life Support (BLS) or Advanced Life Support (ALS). The individuals are charged a BLS or ALS transportation fee, a mileage fee, and other charges including, but not limited to, orygen administration, cardiac monitoring, intubation and/or spinal immobilization fees. The services to be provided include, but are not limited to, obtaining patient and insurance information for emergency medical transport services provided, verifying patient insurance and patient demographic information, filing claims and sending invoices to self-pay accounts, submitting claims to Medicare, Medicaid, and insurance companies, processing third party reimbursements, and providing specific management and financial reports on a monthly basis, as specified by the City. The City of Miami Beach is seeking qualified firm(s) to provide Emergency Medical Services (EMS) ambulance billing and Electronic Patient Care Reporting (EPCR) services for the City's Fire- Rescue Department, in acmrdance with the terms, conditions and specifications contained in this Request for Proposals (RFP). Proposers shall demonstrate their experience in the area of 2. 3. Rr-P 20 t /1,)O'2)C Page 48 of757 l/ 51 Medicare and Medicaid billing, and propose to perform the work in a manner which shall meet or exceed the technical specifications herein contained. C3. Specifications General. The successful Proposer under this contract will provide all services necessary to report, bill and collect for services provided by the City's FIRE-RESCUE DEPARTMENT. Requirements include the acquisition, placement, support, maintenance and connectivity of rugged mobile computer laptop devices in fire rescue vehicle as well as desktop client software at all the City's Fire-Rescue Stations to capture, generate and modify patient care reports, gather and archive patient care data, gather and report performance statisiics, generate and process insurance billing and payments, collect and remit funds to the City. The awarded Contractor shall set up, maintain and provide all comprehensive aspects of the EMS reporting, billing and collection services, as required by the scope of services herein contained. These services shall include but not necessarily be limited to: 1, Proposer shall provide sufficient staffing to ensure the smooth and efficient operation of Emergency Medical Transport Reporting, Billing and Collection Services contract. 2. Proposer shall provide full{ime Project Manager and/or Customer Service Representatives ("CSR") assigned to the City's contract for EMS transportation billing and collection seryices, available during normal business hours, Eastern Standard Time (EST) five (5) days a week, Monday through Friday, that are able to communicate (read, write and speak) fluently in English, Spanish and Creole; however, it is not required that each CSR speaks in all the three (3) languages, but there must be available CSRs to conduct business in each language, as necessary. 3. Proposer's computer help desk support, or approved third-party support, must be available seven (7) days a week, twenty-four (24) hours a day, with the ability to provide technical assistance, trouble shooting, and correcting issues that may arise with the computer laptop systems hardware, software and connectivity and provide application support to users entering EPCR reports and accessing the q ua lity conkol application from desktop platforms. 4. Proposer shall have a local office within Broward County, FL., Palm Beach County, FL., Monroe County, FL., Collier County, FL., Lee County, FL., or Miami- Dade County, FL., as of the date of the issuance of this Request for Proposal. The local office should have staff capable of meeting with City staff on an as-needed basis. Rr-P 20 t /{o'2)c Page 49 of757 2B 52 Scope of Work. 1. A comprehensive electronic patient care report that captures necessary patient care information and computer aided dispatch data required to fulfill the requirements of, FIRE-RESCUE DEPARTMENT, ihe receiving hospitals, insurance, Medicare, and Medicaid billing as well as capture the required data necessary to fulfill the State of Florida comprehensive EMS aggregate report requirements. 2. Access via the lnternet a website that houses the FIRE-RESCUE DEPARTMENT's patient care procedures and protocols. Connectivity via Bluetooth to Physio-Control's Lifepak 15 defibrillators. Wireless connectivity between EPCR reports writing laptop computers, contractors servers, Physio Controls' LifeNet lnternet gateway and FIRE-RESCUE DEPARTMENT patient care protomls. 5. ln the event ihat the City requires additional laptops, any additional costs incurred, will be negotiated at time of necessity. 6. Perform invoicing, collection, and generation of any and all insurance forms and filings, record maintenance and preparation of standard and/or custom reports, as requested or required by FIRE-RESCUE DEPARTMENT. Prepare quarterly State of Florida aggregate EMS reports. Grant desktop computers at all FIRE-RESCUE DEPARTMENT fire stations access to patient care reports for statistical reporting and quality control processing, Perform training for FIRE-RESCUE DEPARTMENT personnel on an as needed basis on desktop and laptop EPCR and quality control applications. 10. Maintain all thirteen (13) and five (5) spare rugged laptop computers in working condition. The contractor agrees to replace or correct any malfunctioning hardware or software within twenty-four hours of FIRE-RESCUE DEPARTMENT's written notification of failure or breakage. 1 1. Establish a two-way data exchange system with billing hospitals with the ability to electronically transfer (e-Transfer) all EPCRs to the hospital and receive patient and related billing information back from the hospitals. Technical Specifications. Computer / Hardware / Software/ Report Writing and Computer Aided Dispatch ("CAD) Requirements: Awarded Proposer shall be required to supply and maintain thirteen (13) primary and five (5) spare (total of 18 units) rugged and mobile tablets and/or laptops with cellular connectivity, capable of generating and capturing real{ime patient care and computer aided dispatch data for the formulation of a comprehensive patient care report and for reporting purposes. Systems shall be configured as follows: WinT (Win8.1 Pro COA), lntel Core i5-3610ME 2.7GHz, 10.1':XGA Multi Touch + Digitizer LCD, 128GB (or greater) Solid State Drive, 4GB, WiFi, Bluetooth, 4G LTE J. 4. 7. 8. 9. 1. Kl-t' 2u I /to'z)c Page 50 ot757 29 53 Multi Carrier, GPS Receiver, Dual Pass (Upper:WWAN/Lower:WLAN), TPM 1.2, sMP or greater Camera, and Emissive Backlit Keyboard, or approved equal configurations. 3. lnternet Explorer or equivalent with cellular connectivity to FIRE-RESCUE DEPARTMENT procedures and protocols site and any other websites requested by FIRE-RESCUE DEPARTMENT. 4. Connectivity via Bluetooth to EPCR client software and Physio Control's LifePak 15 manual cardiac defibrillators. 5. Device must have the ability to attach picture and documents to EPCR. 7 . Contractor shall provide a stock of digitizer stylus/pens on a regular basis at no cost to the City. 8. Lifenet PC Gateway version 4.0 or 5.0 or current version for processing and transmission of code summary reports from Lifepak 15 defibrillators to receiving FIRE-RESCUE DEPARTMENT station computer(s). Prepare and process quarterly FIRE-RESCUE DEPARTMENT's State of Florida EMS pre-hospital data collection report, in a format designated by EMS Tracking and Reporting System (EMSTARS). L Process EPCR computer aided dispatch data generated from the current Miami Beach CAD by Tyler Technology (previously New World Systems) computer system using the current interface. 10. The ability to enter data on an EPCR while reviewing protocols, websites, etc., simultaneously on the tablet. 1 1. Contractor shall provide capabilities to change, modify, or add fields in underlying software. 12. Contractor shall provide the ability to add a field to document law enforcement case numbers on all motor vehicle accidents/incidents. lnvoicing / Billing / Collections Requirements. 1. The Successful Contractor shall employ, maintain and assign an adequate number of competent and qualified professionals, as deemed necessary by the Department to meet the performance requirements, Contractor shall be responsible for the invoicing, collection, and generation of any and all insurance forms and filings, record maintenance and preparation of standard and/or custom reports, as requested or required by the FIRE-RESCUE DEPARTMENT. 2. The invoices for services rendered shall contain the following information: a. Account number of Patient. b. lnvoice number. c. lnvoice date. d. Name of Patient. e. Name of responsible person if different from patient. f. Complete address of Patient. g. Date of kansport. h. Cost of transport including cost breakdown (mibage & oxygen), i. lncident number. j. Transport mileage from and to. Rl-P 20 t /{o2-)c Page 51 of757 30 54 k. lnsurance coverage and instructions (if applicable). l. Billing inquiry telephone number, 800-phone number if not local for satisfaction of the receivable and customer satisfaction. 3. Contractor shall mail bills/invoice forms to patients within five (5) days of receipt of the patient information. This is to include return envelope and address specified by the City of Miami Beach. 4. Patient invoices:All invoices and reporting shall be automated. 5. Contractor shall be responsible for sending follow up bills at thirty-day (30), sixty- day (60), and ninety-day (90) intervals. 6. Contractor shall mail proper insurance forms or electronically process to third party payer as required or requested by the patient. (This is to include envelope and address specified by the City of Miami Beach). 7 . Contractor shall post all payments as received directly or electronically within one (1) business day. 8. The Contractor shall agree to make every effort to locate and correct any incorrect billing address for billable patients. 9. Contractor shall agrees to include in ihe invoice mailing a citizen satisfaction survey and a return, self- addressed and postage paid envelope that will be provided by the City of Miami Beach. Said survey is expected to be no more than one page in length and of a size not to exceed 8 1 12 x 1 1 inches. 10. Contractor will check hospital information twice per self-pay account (if necessary) to obtain/verify patient insurance and contact information. 1 '1. Contractor shall conduct any follow-up required to obtain the necessary insurance information to process invoices for payment. Record of telephone calls and contact shall be maintained and any payment on an account shall be recorded per account. 12. Accept the hard copy or electronic information pertaining to patients'pay or billing documentation from FIRE-RESCUE DEPARTMENT for all patients transported by FIRE-RESCUE DEPARTMENT. 13. Patient invoices: Allinvoices and reporting systems shall be automated. 14. Contractor shall be responsible for all usual and customary costs incurred as a result of billing and collecting accounts, such as software, credit card processing fees, equipment and the installation of data and phone lines. 15. Conkactor shall maintain and update all billings for ambulance services (accounts) to include update of address and telephone numbers obtained through billing and collection efforts. Report shall be provided as necessary. 16. ln the event Contractor received payment for services which are later disallowed (such as bad checks paid directly to FIRE-RESCUE DEPARTMENT, or adjustments) by FIRE-RESCUE DEPARTMENT, FIRE-RESCUE DEPARTMENT may offset the amount disallowed from any payment due Contractor. 17. Contractor shall not add a charge of any kind to a billed account. 18. To the extent necessary to fulfill its billing and collection efforts under the awarded contract, Contractor is granted limited authority to sign in an administrative capacity on behalf of FIRE-RESCUE DEPARTMENT the following types of standard forms and correspondence: probate claim filings; letters to patients and their representatives verifying that an account is paid in full; form verifying FIRE- RESCUE DEPARTMENT tax exempt status; and insurance filings and related Rr-P 20 t /{o'z)c Page 52 of757 alJI 55 forms. Contractor has no authority to sign any document on behalf of FIRE- RESCUE DEPARTMENT, which imposes liability on FIRE-RESCUE DEPARTMENT. 19. All written billing and collection correspondence must be approved by an FIRE- RESCUE DEPARTMENT designee. All payments and correspondence shall be directed to the mailing address designated by FIRE-RESCUE DEPARTMENT, 20. Contractor agrees to negotiate and arrange modified payment schedules for those individuals unable to pay the full amount when billed. 21 . Contractor agrees to refund patient or insurance company refunds within forty-five (45) days of receipt and agrees to all applicable Florida Statutes. 22. Contractor must provide the City of Miami Beach with a refund request including all pertinent information relating to refund payments to patients and/or insurance company. (Contractor to describe procedure in their proposal submittal). 23. Contractor will process all third party reimbursements wiihin one (1) week after receipt of appropriate billing information from primary payer. 24. Cantractor shall not settle any accounts for less than the amount indicated by FIRE-RESCUE DEPARTMENT without the prior written approval of the FIRE- RESCUE DEPARTMENT designee. 25. Contractor shall provide copies of remittance advice as required by FIRE- RESCUE DEPARTMENT. 26. Contractor shall post all payments received directly or electronically within one (1) business day and process refund requests with the month following an overpayment. 27. Contractor shall maintain proper insurance forms used by third party payers as required or requested by the patient in either the manual or electronic method. Either way, the mntractor shall include information on where to send payments to FIRE-RESCUE DEPARTMENT. 28. Contractor shall expeditiously begin the billing and collection process for those Accounts provided to Contractor by FIRE-RESCUE DEPARTMENT based upon established rates. The method utilized by Contractor to process the accounts shall be a means approved by FIRE-RESCUE DEPARTMENT Contract Adminiskator. 29. Contractor shall be responsible for contacting the sender of monies when there is insufficient information to identify which account the payment is being applied to. FIRE-RESCUE DEPARTMENT shall not be required to pay Contractor any collection fees on account until the corresponding account number can be identified. 30. Conhactor shall reconcile the number of transports collected with those transmitted to Contractor and contact a FIRE-RESCUE DEPARTMENT designee to report any discrepancies. 31. lf this Agreement is terminated, all accounts will be returned to FIRE-RESCUE DEPARTMENT regardless of payments made on account or arrangement made. Upon termination, Contractor will inform any billed account with whom they are dealing to make future payments directly to FIRE-RESCUE DEPARTMENT or other firm identified by FIRE-RESCUE DEPARTMENT. 32. FIRE-RESCUE DEPARTMENT is the owner of all information submitted to the Conkactor. lf this Agreement is terminated, all accounts will be returned to FIRE- Rr-P 20 t /{o'2)c Page 53 of757 56 RESCUE DEPARTMENT regardless of payments made on account or arrangement made. 33. lf this Agreement is terminated contractor agrees to provide a raw flat file containing all relevant data that would be needed to re-create an EPCR for any purpose. The contractor agrees to provide the City a one-time column header file w/ a brief description of each column's data and how it pertains to ihe formulation necessary io re-create the EPCR for the purposes mentioned above. 34. Contractor should include sample bill forms and the messages that will be used on each successive bill mailed, as part of the response. All text, format, and color of printing and stock are subject to approval by the City of Miami Beach. Billings should be at maximum intervals of thirty-five (35) days, except for the first invoice that should be rendered within ten (10)days of service. 35. Contractor shall be required to establish a method to accept and process credit card payments from patients through an online and a pay-by-phone solution. The City can be the merchant for the solution but the contractor shall be responsible for all fees associated with the credit card acceptance solution. 36. Contractor shall provide a process for collecting information from local law enforcement agencies and gross billable and payments on all incidents involving motor vehicles. 37. Contractor shall show the ability to increase collection rates annually. 38. Contractor shall have a mechanism in place to find a revenue source for all patients outside of contacting the hospitals. 39. Contractor shall be able to provide litigation services as it may relate to MVA (Motor Vehicle AccidenUPlP Claims) incidents should the need arise. These services will only be executed based on direction from the City on an as-needed basis. Medicare and Medicaid Requirements. 1. Contractor shall provide prompt submission of Medicare, Medicaid and insurance claims within seventy-two (72) hours after receiving a completed EPCR, when all information necessary to file the claim is present. 2. Contractor will provide Medicare/Medicaid billings in accordance with all Federal, State and Local laws and Medicare/Medicaid rules and requirements. 3. Conhactor shall provide Elechonic Claims processing for Medicare and Medicaid and re-file Medicare, Medicaid or insurance claims, as necessary to obtain payment. Contractor shall be prepared to assess service levels prior to billing and classify services into levels that meet Medicare and Medicaid transport criteria. These service levels may, in a limited number of cases, differ from what is indicated on intemal documents based upon interpretation and must be brought to FIRE- RESCUE DEPARTMENT'S attention to determine if changes may be necessary, Contractor will provide support for Medicaid or Medicare audits. Contractor shall provide Electronic Claims Processing for Medicare and Medicaid to the City's lock box. 4. 5. 6. Rr-P 2U t /{O'.21C Page 54 of757 JJ 57 Compliance with Applicable Federal, State and Local Laws and Requirements, 1. Provide Health lnsurance Portability and Accountability Act (HIPAA) privacy practice requirements to all patients transported in accordance with current regulatory requirements. 2. Comply with all applicable Federal, State, and local laws as they apply to the services being provided, such as but not limited to the Federal Debt Collection Practices Law. This further includes all requirements to mainiain confidentiality for all medical and patient information as related in state and local laws or rules and regulations as well as HIPAA laws. 3. Contractor shall facilitate proper security of confidential information and proper shredding of all disposed materials containing such proprietary information in accordance with Florida Law regarding records retention privacy act. Customer Service, 1. Respond to all patients' requests and inquiries, either written or verbal, in a TIMELY manner not to exceed two (2) business days. 2. Agrees to provide and furnish all material and personnel required for the pedormance of the Agreement. Conkactor shall provide Customer Service Representative (CSRs), available during normal business hours, which are able to read, write and speak fluently in English, Spanish and Creole. These CSRs shall be able to assist patients and/or other third party payees in all billing inquiries in a timely and courteous manner. Customer calls will be facilitated as local within the County or through a "toll free" exchange, which will be published on all invoices. Contractor shall respond within three (3) business days to FIRE-RESCUE DEPARTMENT and patients on requests for information or records. All scripts and protocol for answering and placing calls shall be agreed upon prior to the commencement of services between Contractor and FIRE-RESCUE DEPARTMENT. A record of telephone calls and contacts shall be maintained. Contractor shall be responsible for the mailing of all forms, i.e., HIPM, customer survey and related forms. Contractor shall be responsible for all associated costs. Contractor shall respond promptly to all patient requests and inquires, either written or verbally in a timely and courteous manner. This and all communications should be in a format that can be kacked by both City and Contractor and shall comply with allapplicable Federal, State and Local laws as such laws apply to the services being provided. Conkactor shall provide and furnish all materials and personnel required for the performance of the Agreement. Contractor shall provide a designated liaison for patienUpayer concems. Contractor shall provide a 1-800 number and 2417 (365 days) computer help desk support for the EPCR report writing laptop and desktop hardware, software and its connectivity. 4. 5. 7. 8. 6. Rr-P 20 t /{o'2)c Page 55 of757 34 58 2 Document Maintenance. 1.Contractor will maintain any and all documentation records and patient information in a safe and secure manner that will allow inspection and audit by the City of Miami Beach or its agents upon proper notification. Any and all data created by FIRE-RESCUE DEPARTMENT and collected by the contractor is owned by the City of Miami Beach and shall be returned upon request in a format agreeable to City. 3. Contractor shall provide access to its database and a data dictionary for FIRE- RESCUE DEPARTMENT io use for report writing capabilities. Communications with City of Miami Beach Staff. 1. Contractor shall attend meetings with the FIRE-RESCUE DEPARTMENT staff when requested to review contract operations. 2. Contractor shall participate in a yearly audit conducted by FIRE-RESCUE DEPARTMENT consistent with Generally Accepted Accounting Principles- GAAP. This audit will cover the common set of accounting principles, standards and procedures used to compile annual financial statements. 3. Contractor will notify FIRE-RESCUE DEPARTMENT of any changes in federal, state or local laws, rules, regulations and codes that affect this subsequent agreement. 4. Contractor shall designate a Program Manager responsible for all matters related to the Contract, including performance, A toll free number and the name of the Project Manager shall be provided upon commencement of this Agreement. The Project Manager shall be available during FIRE-RESCUE DEPARTMENT business hours of B:30 am to 5:00 pm, Monday through Friday, and shall respond to FIRE-RESCUE DEPARTMENT within one (1) hour. 5. Upon request by FIRE-RESCUE DEPARTMENT, a written response shall be provided to all complaints received by FIRE-RESCUE DEPARTMENT of any alleged actions taken by Contractor and/or its agents. The response shall be provided by Contactor's Project Manager and shall be received by FIRE-RESCUE DEPARTMENT within thirteen (13) days from the date the request is sent to Contractor. The response shall address all questions and statements made by FIRE-RESCUE DEPARTMENT concerning the alleged actions. 6. Contractor shall provide FIRE-RESCUE DEPARTMENT with a read-only access to accounts at locations determined by FIRE-RESCUE DEPARTMENT. 7. Contractor shall provide all necessary developing, copying, faxing, mailings, and all other such related services at no additional cost to FIRE-RESCUE DEPARTMENT, 8. Conhactor shallmaintain and inform FIRE-RESCUE DEPARTMENT regarding the following: 1. Recordsofcurrentfees.2. Industry approved billing codes.3. Description files.4. Current laws applicable to billing of patients for transports. Rr-P 20 t /{o'21C Page 56 of757 c( 59 5. Records of nation-wide and local trends in transport fee schedule and inform FIRE-RESCUE DEPARTMENT of any changes. 9. FIRE-RESCUE DEPARTMENT, its staff, consultant, and/or contractors shall have the right to visit the offices of Contractor and/or its agents periodically for inspection of the facilities and operations used in the performance of any resultant agreement. 10. For record keeping purposes (noi related to billingicollection cycle), Contractor shall retain all account information for a minimum of three (3) years. Training for City of Miami Beach Staff. 1. Contractor shall provide iraining to appropriate FIRE-RESCUE DEPARTMENT personnel regarding the gathering of necessary information and proper completion of its EPCR laptop and desktop software. 2. Contractor shall provide minimum annual basic and on-going training to appropriate FIRE-RESCUE DEPARTMENT personnel regarding HIPAA compliance. Training may be in the classroom or electronically so long as it is consistent. Certificate must be supplied to employee upon completion of training.3. Contractor shall provide a series of training programs at locations designated by the City to educate field personnel on the proper utilization of its quality control software application as well as other features available within the reporting software. 4. All training shall be at no charge to the City. Communications with Miami Beach Serviced Hospitals. 1. Contractor shall agree to maintain a working arrangement with all FIRE-RESCUE DEPARTMENT-serviced hospitals including Business Associates AgreemenUEleckonic Access with hospitals, 2. Contractor shall provide FIRE-RESCUE DEPARTMENT with a copy of all letters of complaint within ten (10) days of receipt, and indicate what action was taken to achieve an acceptable resolution. 3. Contractor shall maintain a working arrangement with all of the FIRE-RESCUE DEPARTMENT serviced hospitals and requests that hospitals provide a copy of patient fact sheets or be provided with demographic and insurance information, Electronic Data Transfer. Elechonic Data Transfer: Contractor shall be able to receive and send data electronically. All data being sent to FIRE-RESCUE DEPARTMENT should be transmitted elechonically and shall ensure that such transmissions are in compliance with HIPM and other federal, state and local laws, rules, regulations and mdes. Contractor will provide rugged mobile computer laptop specified EPCR units as field computer devices, perform all requisite software installation on such units, as well as facilitate web browser access from desktop units supplied by FIRE- RESCUE DEPARTMENT. lnstallation, access and units will be provided by 1. Rl-P 201/{oz)c Page 57 of757 36 60 qualifi ed company representatives. 3. Coniractor will provide support for additional modules that could be added to the sysiem already installed without significant disruption to service. Should FIRE- RESCUE DEPARTMENT desire to modify hardware quantities, such changes will requ ire written notification. 4. Server maintenance, upgrades and software changes should all be administered automatically from Contractor's development facility (or alternate location at Contractor's discretion) and downloaded to field tablets during power up/down sequencing. 5. The Contractor must be able to provide up to fifteen (15) temporary laptop or similar devices upon request. The temporary units will be utilized for large events or during periods of peak staffing. 6. The PCR software must be able to verify and capture patient address from a driver's license or social security number via the cell connection. 7. The Successful Proposer will be required to update all hardware equipment provided to the City every three (3) years. EPCR Software and Patient Reporting Capabilities. lnformation to be gathered by EPCR software should include the following patient information, but not be limited to: 1. lncident Address with Zip Code. 2. Social Security Number. 3. Address. 4. Telephone Number. 5. Date of Birth, Weight, Age, Gender and Race. 6. Family Physician. 7. Medicaid State, 8. Medicaid Number. 9. Medicare Number. 10. Medicare Plus Plan Name. 1 1. lnsurance Number. 12. Group Number. 13. Secondary lnsurance Number. 14. Secondary Group Number. 1 5. Guarantor lnformation. 16. Documentation of patient or guardian release of patient information for billing, including a digitized patient or guardian signature captured in multiple languages, and supports hand writing recognition. 17. Supports additional billing inputs (i.e., additional supplies such as foam usage or additional medications). 18. lnformation about the medical condition and complaints of the patient including, but not limited to:a. Cause of injury.b. Trauma triage.c. Patient position information.d. Medicalcondition(s)andsystemsdetails. Rl-P 2U t /{O',2)C Page 58 of757 2,7 61 e. Narratives by the care providers regarding the incident.f. Ability to enter multiplies patients. 19. Unlimited primary and secondary assessment information including, but not limited to: a. Glasgow Coma Scale (GCS) scoring automatically calculates a total.b. Revised trauma score, scoring automatically calculates a total.c. Pupil size and reaction.d. Capillary refill.e. Respiratory assessment.f. ECG.g. Ectopy. h. Blood glucose level.i. Skin color.j, Temperature. k. Moisture,l. Lung sounds. m. Times of vital signs.n. Appearance Pulse Grimace Activity Reparations (APGAR) scores (if applicable).o. Neurological assessment information.p. Medical history including, but not limited to:i. Prescription medications - with Pick List input.ii. Allergies.iii. Pre-existing conditions.iv. Current conditions.q. Blood pressure; be able to indicate Palp and Mast.r. SPAO2. s. LOC.t. Pulse Rate;strength and regularity.u. Allow the user to set either the "within normal limits" or "not assessed" value to each defined assessment area (body part) by click of a single button. 20. All examination of and treatment provided to the patient including, but not limited to: a. Medical control contact name and time of contact physician.b, Patient protocol. c. Method of contact.d. Airway intervention.e. Breathing intervention.f. Circulatory intervention.g. lntravenous intervention.h. lnpuUoutput therapy.i. Provides patient weight conversion to metric for medications.j. Call summary information, including all patient information entered. 21. Dala about the care providers including, but not limited to: Rl-P 201/{oz)c Page 59 of757 38 62 Vehicle number. Primary attendant's (Attendant No. 1) name and license number. Attendant No. 2's name and license number. Attendant No. 3's name and license number. Attendant No.4's name and license number. Exposure information, including medic name, time, exposure type, description, supervisor notified, exposure report completed, loss of work. 22. Prehospital information including, but not limited to:a. Calltimes. b. Scene location information, including County, zip code, response and scene. c. Response diskicts.d. Special scene conditions. 23. Patient destination information including, but not limited to: Receiving hospitalwith State of Florida four-digit identifier code. Reason for selecting a destination selected from pick list. Transport urgency (lights and siren, routine, etc.). Call disposition BLS, ALSI, ALS|l. Refusal of care by patient. 24. Odometer readings to determine distances including, but not limited to:a. From ambulance starting point to incident scene.b. From incident scene to patient destination. 25. Desk top software: a. Provide the exact same interface and functionality as the mobile software with the exception of any pen-based, character recognition functionality that cannot be supported on desktop computers. b. Software should provide for monitoring of all supplies utilized and give administration users the ability to access the data through report writing tools. Security Controls - User Access Control and Security. The software should allow for an array of user access control and security that can vary by module and security level from no access to complete inserUdelete/edit capability anyruhere in the software system. In addition, the system should: 1. Have a hierarchy of security (logon, record, field, function, object, and user- group) to allow or prevent specified users (or groups of users) to access specified programs at specified levels of data entry, editing, updating, deleting, and reporting functions. a. b. c. d. e. f. a. b. c. d. e. Rr-P 201/-oo'2)c Page 60 of757 39 63 7. 8 2. The software should require a valid logon lD and possess two levels of security with different password levels. One is to be used for system administration and configuration and the other for field personnel. 3. The system should also provide a complete audit trail of every transaction or modification executed by each user. 4. System locks, which allow user to "lock" terminal without shutting system down and "unlock" terminal with password, allowing users to step away from the terminal temporarily and prevent unauthorized use. 5. Restrict download of confidential data to high-level security-authorized users to prevent loss/misuse of confidential data and information. 6. Provide a means to print transaction error/alteration logs as needed and specified, depending on application. Automatic timeout or keyboard lock after a defined period of inactivity. List all users logged on to ihe system at any time, and track this usage by user, date, time, and station. Log off users after specified number of unsuccessful log on attempts and display message for user to contact the system administrator. Allow specified intervals for mandatory password changes. Automatically log off users who have logged off improperly. Revoke a user's access upon ioo many unauthorized logon attempts. Validity test: critical fields can be checked against a format, a formula, or a table to see that data contained in a field is admissible. Examples: System requires all Advanced Life Support Calls have two vital signs. Range checks: critical fields can be checked against a table or formula to determine if the data entered is within a given range of values. Examples: vehicle mileage not to exceed four digits. Completeness check: critical fields can be checked for a non-empty range and processing action determined according to a specified table. Example: system will not allow the call to be closed without the patient name first and last being entered, Real time error checking: error checking described above is done at the time of input and errors are flagged to operator either by a user understandable message or operation halt as specified. 17. Time Stamping: All transactions shall be time stamped by the internal clock of the system and this may be modified in the field and exists for all interventions. Reports. Pursuant to the Scope of Services, the Successful Proposer shall perform all services and/or work necessary to complete the following tasks and/or provide the following items: 1. Contractor to provide the City with monthly reports reflecting all new placements from the City, all accounts that are currently active with the contractor, the contractor's collection results, and aging reports reflecting the City's receivable in an aged format. 2. Records/Reports: Contractor will keep full and accurate accounts of services performed by FIRE-RESCUE DEPARTMENT, billing and collections received and L 10. 11. 12. 13. 14, 15. 16. Rr-P 20 t /-oalc Page 61 o1757 40 64 other records related to the Emergency Medical Transport Billing and Collection Services. 3. Contractor will prepare and provide FIRE-RESCUE DEPARTMENT Administration monthly reports as required by FIRE-RESCUE DEPARTMENT. 4. Contractor shall provide, on a monthly basis, a copy of all monthly financial activity, billing and receivable reports, consistent with GAAP on the account. Reports Compilation and Listing. The Successful Proposer shall maintain a computerized database of all accounts and shall provide the Department with reporls to show management and financial information. The Successful Proposer at a minimum will provide all reports provided to the Department by the incumbent. The Department will provide samples of all current reports to the Successful Proposer. The format of reports required under this contract will be determined by the Department. ln addition to the reports described below, the Successful Proposer shall provide any custom reports at the request of the Department in a mutually agreeable timeframe at no additional cost to the City. Monthly reporting is produced after month closing and provided to FIRE-RESCUE DEPARTMENT no later than the 21st of each month. Contractor will generate reports within twenty-four (24) business hours of receiving and posting the last day of the month's receivables from the bank. All reporting will be in the manner as requested by FIRE-RESCUE DEPARTMENT. The following are major reports that Contractor shall produce for FIRE-RESCUE DEPARTMENT: '1. Collection Statistics - GrosslNet Consumption Shows overall monthly computation of gross collection percentages providing number of accounts billed and accounts not billable. The total amounts are summarized. 2. Billing and Collection Statistics - Monthly Summary Provides a running month summary of charge, aggregate transports by unit, aggregate percentage collection by unit, adjustments and payments for the closing month period showing gross and net collection percentages for each period. Summarizes totals for each type activity and computes average collections for both gross and net. Note: All payment activity is reflected against the original month billed in order to reflect true collection percentages. 3. lnsurance Report - # of Bills with Outstanding Balance by Class Provides summary showing by running (billed) month the number of patient bills having an outstanding balance. Shows balance and number of bills outstanding by class. 4. Collections - by Payer Class, Unit and Geographic Area Provides a running month summary for the closing month period of collections by Payer Class (Self-Pay, Medicare, Medicaid and Private insurance), by Unit and by geographic area. The report also shows for each running month the mix or, percentage (7d of total collected against that month's billing for each class. Also shows number of accounts collected by class and percentage (%) of total. 5. Ambulance Unit Report - Gross Billings this Month by Ambulance Unit Rr-P 2U t /{O',2)C Page 62 of757 4l 65 Shows all billing (new charges) processed and summarized total billing for period by transport unit. 6. Accounts Receivable - Summary Provides summary for period ending of Accounts Receivable showing gross billing, payments received/processed, reflected write-offs and adjustments, reversals and ending balance. 7. Account Activity - Monthly Billing Report (Charges) Shows all billing (new charges) processed alpha sorted by Last Name and summarized total billing for period. 8. Account Activity - Monthly Payment Report (Receivables) Provides a batch oriented listing of all payments processed including check number and type of payment (self-pay, Medicare, Medicaid, private insurance). Report reconciles against bank deposit and ties back to EOB detail for secondary filing, refund processing and adjustments. 9. Collections - Summary to Date, Monthly Running Shows receivables as applied to "original billed month." 10. Monthly Refund Schedule Report provided by account detail of associated payments reflecting an overpayment and necessary refund to be processed. 11. Refund Request Provides for previous billing month, with a separate sheet per account, requesting refund on overpayment accounts. This includes all information pertinent to determining refund. 12. Distribution of Charges and Collections This report will track the charges. payments and financial class mix of all patients for a given month. 13. Aged Receivable Report This report will have outstanding invoices sorted by date for current, thirty, sixty, ninety and over ninety days. This report will provide totals for these categories. 14. Patient Alpha Listing This report lists all invoices alphabetically by patient name. 15. Monthly Payment Listing This report lists payments, bad checks, required charge offs, and refunds posted to each patient's account. '16. Overpayment Reports This report lists all patients due refunds as a result of overpayment of account. 17. Additional lnformation Reports may include any statistical information pertaining to medical calls including but not limited to - intubation analysis, lV success rates, chief complaint call volumes and number of cardiac arrests and trauma calls. Responsibilities of the City of Miami Beach. 1. The City of Miami Beach will comply with all Federal, State and Local laws, rules and regulations as applicable to the services being contracted. 2. The City of Miami Beach will agree to use the successful firm for all medical RrP2Ut/OO'.Z)C Page 63 of757 4l 66 4. billings exclusively for the service specified herein as long as the contract agreement is in force. The City of Miami Beach will make every effort to obtain the proper billing address for all billable patients prior to forwarding to the Contractor. The City will pay the Contractor additionalfees for any postage increases that may occur during the contract period. However, this fee will only be the actual cost of increase. Service Fees. The Selected Proposer shall perform EMS Billing and collection services on behalf of the FIRE-RESCUE DEPARTMENT, and shall conform to the following: 1. All monies collected by the Selected Proposer shall be deposited in the designated lockbox. 2. At the end of each calendar month Selected Proposer shall send an invoice to the Department with collection details of all Department transports entered in the Selected Proposer's billing system from the preceding month. 3. The fees shall be based upon mntractor performance and expressed as a percentage of actual collections remitted to the City of Miami Beach. This fee shall be all-inclusive. No additional payments shall fall due under this contract except for any refunds due contractor due to patient overpayment refunds. 4. The Successful Proposer shall be entitled to fees on all collections for billings during Contract term, up to six (6) months after expiration or termination of Contract. The Department will be entitled to a refund of fees due to refunds on collections for billings during Conkact term, up to one (1) year after expiration or termination of Conkact. Florida Certified Public Expenditure (CPE) Program. 1. At the request of the City, the Selected Proposer shall provide ongoing consultinglcosting services to enroll and/or maintain the City of Miami Beach in the Florida Certified Public Expenditure (CPE) Program for Emergency Medical Transportation (PEMT) and the lntergovemmental Transfer (lGT) PEMT which includes Medicaid managed care transports revenue programs. Balance of Pa,ge lntentionallv Left Blank RrP 20 t /{o'2)c Page 64 of757 43 67 APPENDIX D wle&**ffiffi@e F.-€ Speciol Conditions 2017-002-JC Emergency Medicol Tronsport Billing ond Collection Services PROCUREMENT DEPARTMENT 1755 Meridion Ave, 3d Floor Miomi Beoch, Florido 33139 Rr-P2Ut/OO'L)C Page 65 of757 44 68 1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) shall have an initial term of three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one (1)year periods subject to the availability of funds for succeeding fiscal years. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's Proposal submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. ln considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. EQUITABLE ADJUSTMENT. The City, through its City Manager, may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy allthe following criteria: (1)the volatility is due to circumstances beyond the successful Propose(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the successful Propose(s) that continued performance of the contract would result in a substantial loss. Successful Propose(s) might have to supply documentation io justify any requested percentage increase in cost to the City of Miami Beach. 5. ADDITION/DELETION OF FACILITIES/SERVICE/PRODUCTS. Although this solicitation identifies specific items/products, it is hereby agreed and understood that any related item/products may be added to, and any awarded items/products may be deleted from, this contract at the option of the City. When an addition to the contract is required, the Successful Proposer(s) under this contract and other suppliers, as deemed necessary shall be invited to submit price quotes for these new items/products. lf these quotes are comparable with market prices offered for similar items/products, the supplie(s)and item(s) shall be added to the contract, if it is in the best interest of the City and an addendum and a separate purchase order or change order shall be issued by the City. 6. INDEMNIFICATION. Provider shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this RFP 2017 OO2)C Page 66 of757 45 69 Agreement or otherwise provided by Provider shall in no way limit ihe responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 7. COMPETITIVE SPECIFICATIONS. lt is the goal of the City to maximize competition for the project among suppliers & contractors. Consultant shall endeavor to prepare all documenis, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means & methods or product speciflcations that are considered "sole source" or restricted without prior written approval of the City. 8. NEGOTIATIONS. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services. Rr-P 20 t /-oo'2)c Page 67 of757 40 70 APPENDIX E 4 ^! ",\ '4 1ry Y- ,3{ I Cost Proposol Form 2017-002-JC Emergency Medicol Tronsport Billing on,C Collection Services PROCU REMENT DEPARTMENT '1755 Meridiqn Ave, 3'd Floor Miomi Beoch, Florido 33.l39 Rl-P 20 t /-ooz)c Page 68 of757 tr-4/ 71 APPENDIX E PROPOSAL TENDER FORM Proposer affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. The numbers are provided based on the City's current contract and last fiscal year performance. The City does not guarantee the same amount for future contract years. Proposer must calculate and state the extended total amount for each line, ltems 1-4, culminating in a Grand Total Price to be entered below. Lease of Computers: Proposer must state an additional fee, if any for the lease of the 18s ruggedized field as reouested in Aooendix C. rlll$ Ktf to t /{oz)c Page 69 of757 4B 72 Authorized Re ive: Address: Te Email: Authorized ive's Sionature: Balance of Pase lntentionallv Left Blank Rl-t' 2u I /-oo'2)a Page 70 ot757 49 73 APPENDIX F I nsuro nce Requirements 2017-002-JC Emergency Medicol Tronsport Billing ond Collection Services PROCU REMENT DEPARTMENT.l755 Meridiqn Ave, 3rd Floor Miomi Beoch, Florido 33.l39 Kr-P 2U t /{O'.2lc Page71 of757 50 74 & : INSURANCE REQUI REMENTS This document sets forth the minimum levels of insurance that the contracior is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. -4. Excess Liability - $-.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. _ 6. Other lnsurance as indicated: _ Builders Risk completed value $_.00 - Liquor Liability $_.00 - Fire Legal Liability $_.00 _ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_.00 XXX 7. Thirty (30)days written cancellation notice required. XXX 8. Best's guide rating B+:Vl or better, latest edition. XXX L The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. Rr-P 20 t /-oo'L-)c Page 72 ot 757 5t 75 Competitive Bid Reports - C2 C AAIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 SUBJECT: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-07A.WG, FOR INTERACTIVE DIGITAL MEDIA KIOSKS. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) REGOMMENDATION (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Legislative Tracking Public Works / Procurement Page 73 ot757 76 77 78 MIAAAIBEACH TO: FROM: DATE: SUBJECT: REFERRAL TO THE NEI GHBORHOOD/COMMUNITY AFFAI RS COMMITTEE TO DISCUSS THE SITE PLAN FOR THE NORTH SHORE OPEN SPACE PARK. RECOMMENDATION The Administration recomnends referral to the Neighborhood/Community Affairs Committee for discussion, review and consideration ANALYSIS On December 17,2014, Resolution # 2014-28878 was adopted by the Commission, approving the North Shore Open Space Park (the "Project") Master Plan. On July 9, 2015, Request for Qualifications No. 2015-211-KB (the "RFQ") was issued for Architectural and Engineering Design Services for the Prolect. The RFQ was opened on October 5,2015, and on December g, 2016, the City Commission approved Resolution No. 201 5-29233 authorizing the City to negotiate with Calvin, Giordano and Associates, lnc. (Consultant). The negotiations were successful and an agreement was executed with the Consultant. On September 7th, 2016, a Community Presentation was held, where the design team presented the master plan and intended design concepts. Subsequently, various design meetings, to review operational requirements, were held with City depadments, including Parks and Recreation, Public Works, Planning, Greenspace, Environmental/Sustainability, Property Management, Economic Development, Transportation, Police, Fire and the Building Department. The project to renovate North Shore Open Space Park, as proposed in the 2014 master plan, includes the following components: . Circulation and Lighting o Expansion and enhancement of the pathway network Commission Committee Assignments - C4 A COMMISSION METVIORAN DU M Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 Page 74 ol 757 79 o New pedestrian scale lighting o Design and construction of the final, northernmost, section of the City's beachwalk system . Gateways o New iconic gateways o Park signage . Planting o Revitalized lawns o Tree pruning for visibility o Removalof invasive plants o Diversified native plant palate o Redefinition of conservation areas . Program enhancements o New shade structures o Refurbished restroom facilities o Refurbished picnic shelters ln addition, the City's Parks and Recreation Department has asked that the project consider and implement the replacement of the existing playground with a new playground and safety surface. Currently, the design of the Prolect is approximately 30% complete. The design of the project was scheduled to be presented at the January 3rd,2017 Design Review Board (DRB) hearing, but will be opened and continued to a subsequent meeting. Following the review of the project design by the Neighborhood/Community Affairs Committee, the project will be presented at a DRB Hearing. CONCLUSION The Administration recommends referral to the Neighborhood/CommunityAffairs Committee for discussion, review and consideration. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority lnfrastructure With FulIAccountabi|ity Legislative Tracking Capital I mprovement Projects AfiACHMENTS: Description n ErhibitANSOSP Project Site Plan Page 75 o1757 80 Eco o- c);ect) -(:) o.)Lo)-1= Eo)E. :C' o) <J)Oa-On .:: :. SJ :ii Eie X1; g*s l-!:r , ;'r_. iil .t f?5 ei; :j$ c :i t | -.2 l "3 .*a-. ,.a r! :f; , i*i ;; ''i 71* l< !s9:] lri {iIi{ *qr2** E 85 E | -.2a.,:..:t, ""*; ii rr i) 1--- !1, l:;'. 1t7- i E$&f, lu5s .1:1 ,lth . i. 1$l-"'l''' .. llt\". 7--'-'lffi;-*616;"6,' ,iln "i:;1'**pr 81 82 Commission Committee Assignments - C4 B MIAAAIBEACH COMMISS ION ME TVIORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: REFERRAL TO THE NEI GHBORHOOD/COMMUNITY AFFAI RS COMMITTEE TO OFFER MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS, ANALYSIS Please place a referral to the Neighborhood/Community Atffairs Committee to offer Miami Beach as a pilot city for Uber self-driving cars. Ayearand a half ago, Uberset up anAdvanced Technologies Center (ATC) in Pittsburgh, with the mission to nake self-driving Ubers a reality. Today, self-driving Ubers are now on the road in Pittsburgh. Such a pilot program is a big step fonryard, as real world testing is critical to the success of this technology. Self-driving Ubers have the potential to reduce traffic accidents, free up parking and cut congestion. For more information, please visit: https://newsroom. uber. cony'pittsbu rgh-self-d rivi ng-uber/ Legislative Tracking Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description o Self-DrivingUberArticle Page77 of757 83 Pittsburgh, your Self-Driving Uber is arriving now .&, sign up to ricle or cirive Page 1 of3 Pittsburgh, your Self-Driving Uber is arr iving now September 14,2016 posted by Anthony A year and a half ago, Uber an Advanced Technologies Center (ATC) in Pittsburgh. lts mission: to make self-driving Ubers a reality. Today we're excited to announce that the world's first Self-Driving Ubers are now on the road in the Steel City. https ://newsroom. uber.com/pittsburgh-self-driving-uber/l13l20r7 84 Pittsburgh, your Self'-Driving Uber is arriving now Page 2 of3 Pittsburgh, your self-driving Uber is arriving now We're inviting our most loyal Pittsburgh customers to experience the future first, lf a Self-Driving Uber is available, we'll send it along with a safety driver up front to make sure the ride goes smoothly. Otherwise it's uberX as usual. This pilot is a big step forward. Real-world testing is critical to the success of this technology. And creating a viable alternative to individual car ownership is important to the future of cities. Of course, we can't predlct exactly what the future will hold. But we know that self-driving Ubers have enormous potential to further our mission and improve society: reducing the number of traffic accidents, which today kill 1.3 milllon people a year; freeing up the 20 percent of space in cities currently used to park the world's billion plus cars; and cutting congestion, which wastes trillions of hours every year. We know that many drivers will have questions about this technology. lt's still very early: Self-Driving Ubers have a safety driver in the front seat because they require human intervention in many condltions, including bad weather. Even when these technology issues get fixed, we believe ridesharing will be a mix-with services provided by both drivers and Self-Driving Ubers. This is because of the limits of self-driving software and the skyrocketing demand for better transportation which people-powered transport is uniquely able to solve. https ://newsroom. uber.com/pittsburgh-self-driving-uber/ll3l20t7 85 Pittsburgh, your SellDriving Uber is arriving now Page 3 of3 Technology also creates new work opportunrties while disrupting existing ones, Many predicted that the ATM would spell doom for bank tellers. ln fact, ATMs cut the cost of running a local bank so more branches opened, eriplo\rrng more people. Self-Driving Ubers will be on the road 24 hours a day, which means they will need a lot more human maintenance than cars today. We couldn't be more excited about what's next. But to make it happen, we need to lead by fusing our great ridesharing network with great self-drivinB software and hardware. Our ATC efforts combined wlth our recent ctto acquisition mean we have one of the strongest self-driving engineering groups in the world, as well as the experience that comes from running a ridesharing and delivery network in hundreds of cities. And our existing partnerships with drivers, as well as new ones with manufacturers like V , will ensure a world-class customer experience for generations to come. Anthony Levandowski Founder, Otto and VP, Se/f-Drlvlng Technology, Uber Travls Kalanlck CEO and Co-Founder, Uber https ://newsroom.uber.com/pittsburgh-self-driving-uber/ll3l20t7 86 Commission Committee Assignments - C4 C MIAMIBEACH COMMISS ION ME IVIORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE REGARDING BEST PRACTICES FOR BEACH SAND SIFTING AND MAI NTENANCE. ANALYSIS Please place on the January 11, 2017 Commission meeting agenda, a referral to the Sustainability and Resiliency Committee regarding best practices for beach sand sifting and maintenance. Legislative Tracking Commissioner Michael Grieco Page 191 ot757 87 88 Commission Committee Assignments - C4 D MIAAAIBEACH COMMISSION MEI\,PRAN DUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE FOR THE CITYTO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017. ANALYSIS Please place on the January 11, 2017 Consent Agenda, a refenal to the Sustainability and Resiliency Committee for the City to offer Christmas tree recycling to residents commencing in 2017. Attached please find an article from the January 2, 2017, Miami Herald, describing the Christmas tree pickup and recycling program instituted by the City of Coral Gables. You may also access the article at: http://untuar.miamiherald.com/news/local/community/miami-dade/coral- gables/articlel 2360230 9. htm I Legislative Tracking Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description o Mlami Herald Article Page 192 o1757 89 t.'oi'ai tiri:lcs rll'lrli::t ll'cc trrc rec-rciing slarlitlg.lar:. l, \,1ilr:ii iirrrrlLi C0RA|" 6ABtf S L)[(E&1BER ]9.2016,t;08 PM ilage loi'3 This city is offering Christmas tree recycling but please leave the ornaments in the box MAilSHA HALPER - Miami Herald File I]YLANCI DIXON I dix on @ni am i h e r al d. ca m With the holiday sea$on come and gone, Coral Gables is offering a pickup senice for residents trying to get rid of their Christmas Irees. The city is offering tree pickup and recycling across the city Mondav through Jan. 20. Residents are asked to put their tree$ out after S p.m, the day before their scheduled eollection day and to keep the trees separate from trash piles, The tree must be free of decorations, lights and any ornaments and cannot be on a tree stand or placed in a bag. Page 193 of757 http://www.rniamiherald.comlnews/locallcommunity/miami-dadelc,rral-gables/article 12360... ll4l20l7 90 C.olnl Liables ollering ticr lree rc.e r cltns stlu'trnu -lii.n i\,1i:ir.rrr l-[elaid Ilesidents ol-apilrullents anJ conilos tirat recetr'* scn,icu iir-rrn \\raste Ilanagcrxcrll should placo thcir rrcc ncxt tr) thr lrasli collcction brn. 'l'he collection dates arc dir.ided into v,eckd*s in lire geographic sections. , Residents living fi'onr Coral Way up to the norrhern city lintits: Jan.2, Jan. 9 and Jan. 16 'l'rom Coral lVay to llird Road: Jar.r. 3, Jan. 10, lan, 17 . [rom Bird Road to Hardee Road: Jan. 4, Jan. 11, Jan, 18 . Ilrom Hardee Road to Kcndall Drive: |an. 5, )an. 12, Jan. l_9 , Irrom Kendall Drive ro the southern ciry limits: Jan. 6, Jan. 13, Jan. 20 [,an ct Dixon : 3 O 5 -.1 7 6 - 3 708, €t LDix on-.9 MORt CORAI 6ABtTS SUGGISTTD TOR YOU )i;l Fagc 2 ol'2 David Leiterman Vvhere Do Noi Laughing About Presidents'Kids eo Trump Anymore To Coilsge? Marilyn Manson: FOX News Fac€s 'Fun To See FOX More Harassment News Go Down Allogalions From Poliiischafl.r HOSI poilbschi.. C0MttEl{Ts 0 Commants Sorl by otaast Add a comment. l ei*rtqi:k Csnelgfrlti Prrqi SPONSORED CONTENT Live Like the Vanderbilts: Two Estate Hotels That llave ITAII By Biltrnore - in the late 1800s, Biltmore Estate - and its main family home, the largest such residence in the United States * was built by George Washington,.. Page 194 of757 http://wmv.rniarniherald.com/news/locallcommunitylmiarni-dade/coral-gables/article 12360.. . Ll4ZAfi 91 92 MIAAAI BEACH TO: FROM: DATE: SUBJECT: REFERRAL TO FINANCE AND CITWVIDE PROJECTS COMMITTEE DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD. RECOMMENDATION It is recommended that the Bayshore Traffic Calming Study recomrnendations be referred to the Finance and Citywide Projects Committee to discuss the prioritization and funding for the recomrnended traffic calming improvenents. ANALYSIS The recommended traffic calming improvements for the Bayshore Neighborhood were discussed at the December 9, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting. At the meeting, the NCAC referred the item to the Finance and Cihyrruide Projects Committee (FCWPC) to review the list of prioritized traffic calming recommendations and discuss potential funding sources. Pursuant to City Commission direction in May 2016, the Transportation Department engaged a consultant to collect traffic data to determine the need for Traffic Calming in the Bayshore Neighborhood. The data collection effort occurred during the months of May and June 2016 (prior to end of school) and consisted of Speed Data (10 locations), Vehicular Volume Data (10 locations), Turning lVbvement Counts at lntersections (17 locations), and Origin-Destination Data (14 locations). The data r,ras utilized to determine the amount of cut-through traffic, speeding, and vehicular volumes throughout the Bayshore Neighborhood, as raell as to identify any safety concerns at intersections. The goal of the traffic analysis is to identify suitable traffic calming treatments to mitigate the impact of cut-through traffic and speeding in the neighborhood in order to improve the livability of the Bayshore Neighborhood. Following the data collection by the consultant, the following traffic concerns were identified: High VehicularVolumes MeridianAvenue - Dade Boulevard to 23rd Street Prairie Avenue - 28th Street to 40th Street SheridanAvenue - 37th Street and 40th Street Commission Committee Assignments - C4 E COMMISSION ME TVIORAN DU M Honorable Mayor and Members of the Clty Commission Jimmy L. Morales, City Manager January 11,2017 Page 195 of757 93 Speeding ' Meridian Avenue * Dade Boulevard to 28th Street' Prairie Avenue - Dade Boulevard to 37th Street' Sheridan Avenue - North of 37th Street' 28th Street - Prairie Avenue to Sheridan Avenue Based on the Origin-Destination Data collected, it was determined that no significant cut-through traffic exists on a regular basis. Observations from staff have corroborated that cut-through traffic through the Bayshore Neighborhood occurs primarily wlren congestion levels increase along Alton Road northbound and along 41st Street westbound. Following the methodology established in the City of Miami Beach Traffic Calming Manual and applying the street design standards identified in the City of Miami Beach Street Design Guidelines, staff identified the following traffic calming recommendations to help mitigate the documented speeding and high vehicular volumes in the area. Recommended Traffic Calming I mprovements ' Mini-Traffic Circle at SheridanAvenue and 30th Street' Mini-Traffic Circle at SheridanAvenue and 37th Street' Speed Table between 28th Street and 29th Street' Mini-Traffic Circle at Prairie Avenue and 31st Street' Mini-Traffic Circle at Prairie Avenue and 37th Street' Speed Table on Prairie Avenue between Dade Boulevard and 23rd Street' Chicane on MeridianAvenue between Dade Boulevard and 23rd Street' Chicane on 28th Street adjacent to the Scott RakowYouth Center' Neighborhood Greenway along Royal Palm Avenue ' Speed Table on Meridian between 23rd Street and 28th Street ' Roundabout at Prairie Avenue and 28th Street The adopted City of Miami Beach Transportation Master Plan identified the implementation of a Neighborhood Greenway along Royal Palm Avenue as a Priority 1 project (Fiscal Year 2017- 2021). A Neighborhood Greenway is defined as a street where bicyclists share the road with low volume, low speed vehicular traffic. Neighborhood greenways typically consist of substantial traffic calming measures and enhanced signage to raise driver awareness of bicyclists. The proposed Neighborhood Greenway along Royal Palm Avenue would include mini-traffic circles at 30th Street and 34th Street. ln addition, staff recommends lowering the speed limit along Royal Palm Avenue to 20 MPH and installing shanow (shared-use) lane markings and signage to improve livability along that street. The adopted City of Miami Beach Street Design Guidelines identified various traffic calming strategies, including chicanes, roundabouts, lowering speed limits, greenways, and speed tables, to be implemented as appropriate along City roadways in order to create complete streets that are safe and convenient for all users and modes of transportation. The recommended traffic calming improvements for the Central Bayshore Neighborhood comply with both the adopted Transportation Master Plan and the adopted Street Design Page 196 o1757 94 Guidelines. The Office of Capital lmprovements Projects (ClP) is currently developing final design plans for the Central Bayshore South Neighborhood lmprovement Project (south of 34th Street). Construction of that project is anticipated to begin in early 2017. The Transportatlon Department is working closely with CIP and the Design-Build Firm currently engaged in the design of the neighborhood improvement project in order to ascertain the costs of incorporating the recommended traffic calming improvements in the project. Transportation Department staff met with the Bayshore Homeowners Association (HOA) on November 17,2016 to discuss the analysis and recommendations in the Traffic Calming Study. The study was rarrell-received by the attending members of the HOA; however, some comments were provided that are being reviewed for feasibility by staff. The Bayshore Traffic Calming Study was also discussed at the December 9, 2016 NCAC meeting. At the meeting, the Committee expressed concems with disturbing the neighborhood twice and requested that staff prioritize improvements that could be implemented as part of the active CIP Neighborhood lmprovement Project. Pursuant to the NCAC's recommendatlon, staff has prioritized the improvements based on the need for the traffic calming device, location, and HOA input: Priority 1 SheridanAvenue and 30th Street - Mini-Circle Prairie Avenue and 31st Street - Mini-Circle Royal Palm Avenue and 31st Street - Mini-Circle SheridanAvenue between 28th Street and 29th Skeet- Speed Table Prairie Avenue between Dade Boulevard and 23rd Street - Speed Table Meridian Avenue between 23rd Street and 28th Street - Speed Table Prioritu 2 lneriOan and 37th Street - Mini-Circle Prairie Avenue and 37th Street - Mini-Circle Royal Palm Avenue and 37th Street- Mini-Circle Meridian Avenue between Dade Boulevard and 23rd Street - Chicane 28th Street between Fairgreen Drive and Royal PalmAvenue - Chicane Prairie Avenue and 28th Street - Roundabout Based on the estimated planning level costs calculated for the project, the total implementation cost for the proposed Priority 1 traffic calming improvements is estimated at $400,000 and Priority 2 is estimated at $500,000. The project is currently unfunded; however, staff is working to identify potential funding sources for the Priority 1 projects at a minimum. Further information in this regard will be provided at the January 20,2A17 FCWPC meeting. CONCLUSION Page197 of757 95 KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes Throughout The City Legislative Tracking Transportation Page 198 of757 96 MIAMiBEACH TO: FROM: DATE: SUBJECT: REFERRAL TO THE FINANCE & CIT\ryVIDE PROJECTS COMMITTEE TO DISCUSS THE CURRENT SAFEGUARDS IN PLACE TO ENSURE THE SECURITY OF CITYWIDE FINANCIAL ACCOUNTS AND HOW BEST TO IMPROVE THEM. ANALYSIS Please add this item as a refenalto the January 11,2017 City Commission agenda. Legislative Trackinq Commissioner Ricky Arriola Commission Committee Assignments - C4 F COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Commissioner Ricky Arriola January 11,2017 Page 199 of757 97 98 Commission Committee Assignments - C4 G MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: REFERRAL TO THE FINANCE & CITWVIDE PROJECTS COMMITTEE THE BUILDING OFAWHEELCHAIR RAMPAT THE ENTRANCE OF UNIDAD. ANALYSIS Please place on the January 11,2017 Commission Meeting Agenda a referral to the Finance & Cityruide Projects Committee regarding obtaining funding to provide wtreelchair access at the entrance of the UNIDAD building. There are many seniors who cannot walk around the building to access it from the back. lf you have any questions please do not hesitate to call our office at ext. 6854. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 200 of757 99 100 101 Commission Committee Reports - CG A COMMISSION MEMORAT.I DUM Honorable Mayor and Members of the City Commission Jimnry L. Morales, City Manager January 11,2017 MIAMT BEACH TO: FROM: DATE: SUBJECT: REPORT OF THE DECEMBER 12,2016 SUSTAIMBILITY AND RESILIENCY COMMITTEE: 1) DISCUSSION REGARDING THE SECURING AND STORAGEoF COMMERCTAL DUMPSTERS. 2) DTSCUSSTON ON REQU|R|NG SUSTAINABILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN CITY. owNED PROPERTIES. 3) MAYOR'S BLUE RTBBON PANEL ON FLOODTNG AND sEA LEVEL RrSE. 4) RES|LtENCY STRATEGY. ANALYSIS TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2016 SUBJECT: MEETING OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE (SRC) ON WEDNESDAY December 12,2016 A meeting of the Sustainability and Resiliency Committee was held on Wednesday, December 12,2416, in the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance: Commissioner Michael Grieco, Commissioner Ricky Aniola, Commissioner Joy Malakoff, Commissioner Kristen Rosen-Gonzalez, Commissioner Micky Steinberg and Commissioner John ElizabethAleman. Members of the Administration and the public were also in attendance. Meeting was called to order at 1:06 PM 1. Discussion Regarding the Securing and Storage Of Commercial Dumpsters. AFTER-ACTION Debora Turner, First Assistant City Attorney presented the item. She explained that a meeting was held with members of the administration and Mr. Henry Stolar, a resident, regarding the second draft of this ordinance. Ms. Turner added that they are still woking on making additional changes which includes clarifying some of the language and making revisions to the fines and penalties. Page 201 ol 757 102 Continued to the January 18,2016 Sustainability and Resiliency Committee 2. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City-owned Properties AFTER.ACTION Elizabeth Wheaton, Environment and Sustainability Director presented the item. She explained that the City recently completed its Green House Gas (GHG) lnventory which helped understand where the majority of the City's emissions came from. The results showed that 65% of government GHG's came from municipal buildings and facilities. She added that improving the energy efficiency of existing building can help reduce our emissions. This decision can have an impact on the physical, environmental, and social health of our community. Adrian Morales, lnterim Property Management Director explained the importance of sustainable principles wl-ren managing and renovating properties. Ms. Wheaton explained that the Energy Star Portfolio Manager allows for Cities to analyze the energy use which can help determine potential upgrades and reduce energy costs. She added that the administration can look into LEED for existing buildings and use the rating system when upgrading structures, or look at prerequisites and build them into what property management is woking on. Commissioner Rosen-Gonzalez inquired if a resolution should be drafted to set this policy in place. Ms. Wheaton noted that not all buildings would qualify for LEED certification but credits/prerequisites can be used as a guide to improve a building's sustainability. Commissioner Rosen-Gonzalez stated that one building should be chosen to apply these potential sustainable policies. Mr. Morales stated that the administration can conduct an assessment of wl'rich building would be best suited as the first candidate for this program. Commissioner Malakoff stated that it's important to conduct a cost benefit analysis to maintain close control of costs and whether they outweigh the benefits. Commissioner Rosen-Gonzalez added that the Carl Fisher house could be used as a potential candidate. MOTION: Staff to provide up to three municipal properties in order to identify one that could be retrofitted with LEED upgrades in order to make it more sustainably sound. ltl,otion made by Commissioner Rosen-Gonzalez, Seconded by Commissioner Malakoff. Continued to the January 18,2016 Sustainability and Resiliency Committee 3. Mayor's Blue Ribbon Panelon Flooding and Sea Level Rise AFTER.ACTION Continued to the January 18,2016 Sustainability and Resiliency Committee Page 202 of 757 103 4. Resiliency Strategy AFTER.ACTION Item presented by Susanne Torriente, Assistant City Manager/ Chief Resiliency Officer. A summary of the 100 Resilient Cities partnership report was provided. She explained that a resiliency strategy is being developed for the region as well as a separate one for the City. The agenda setting workshop was a kickoff event were organizations and municipalities came together to brainstorm. She added that the results of this workshop helped identify the region's strengths and weaknesses. This includes prioritizing preparation for hurricanes, economic shocks, and failing infrastructure. The regions identified strengths included critical services; fostering long term integrated planning while weaknesses included transportation and protecting manmade assets. The CROs will be visiting cities in the region as well as local organizations in order to focus on items that are important to the community. The strategy should be completed by January 2018. Continued to the January 18,2016 Sustainability and Resiliency Committee JLIWSMT/ESW/FCTATP Legislative Tracking Environment and S ustainability ATTAGHMENTS: Description o After-Achion12.12.16 Page 203 of757 104 .. OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM ro: Mayor Philip Levine and Members of the City Commission FRoM: Jimmy L. Morales, City Manager DArE: January 11,2016 SUBJECT: MEETING OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE (SRC) ON WEDNESDAY, December 12, 2016 A meeting of the Sustainability and Resiliency Committee was held on Wednesday, December 12, 2016, in the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance: Commissioner Michael Grieco, Commissioner Ricky Arriola, Commissioner Joy Malakoff, Commissioner Kristen Rosen-Gonzalez, Commissioner Micky Steinberg and Commissioner John Elizabeth Aleman. Members of the Administration and the public were also in attendance, Meeting was called to order at: 1:06 PM Discussion ltems 1. Discussion Regarding the Securing and Storage Of Gommercial Dumpsters. AFTER-ACTION Debora Turner, First Assistant City Attorney presented the item. She explained that a meeting was held with members of the administration and Mr. Henry Stolar, a resident, regarding the second draft of this ordinance. Ms. Turner added that they are still working on making additional changes which includes clarifying some of the language and making revisions to the fines and penalties. Continued to the January 18,2016 Sustainability and Resiliency Committee 2. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City- owned Properties AFTER-ACTION Elizabeth Wheaton, Environment and Sustainability Director presented the item. She explained that the City recently completed its Green House Gas (GHG) lnventorywhich helped understand where the majority of the City's emissions came from. The results showed that 65% of government GHG's came from municipal buildings and facilities. She added that improving the energy efficiency of existing building can help reduce our emissions. This decision can have an impact on the physical, environmental, and social health of our community. Adrian Morales, lnterim Property Management Director explained the importance of sustainable principles when managing and renovating properties. Ms. Wheaton explained that the Energy Star Portfolio Manager allows for Cities to analyze the energy use which can help determine potential upgrades and reduce energy costs. She a{ded that the administration can look into LEED for existing buildings and use the rating systerBee**pdffrffing structures, or look at prerequisites and build 105 them into what propedy management is working on. Commissioner Rosen-Gonzalez inquired if a resolution should be drafted to set this policy in place. Ms. Wheaton noted that not all buildings would qualify for LEED ceriification but credits/prerequisites can be used as a guide to improve a building's sustainability. Commissioner Rosen-Gonzalez stated that one building should be chosen to apply these potential sustainable policies. Mr. Morales stated that the administration can conduct an assessment of which building would be best suited as the first candidate for this program. Commissioner Malakoff stated that it's important to conduct a cost benefit analysis to maintain close control of costs and whether they outweigh the benefits. Commissioner Rosen-Gonzalez added that the Carl Fisher house could be used as a potential candidate. MOTION: Staff to provide up to three municipal properties in order to identify one that could be retrofitted with LEED upgrades in order to make it more sustainably sound. Motion made by Commissioner Rosen-Gonzalez, Seconded by Commissioner Malakoff. Continued to the January 18,2016 Sustainability and Resiliency Committee Verbal Reports 3. Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise AFTER.ACTION Continued to the January 18,2016 Sustainability and Resiliency Committee 4. Resiliency Strategy AFTER.ACTION Item presented by Susanne Torriente, Assistant City Manager/ Chief Resiliency Officer. A summary of the 100 Resilient Cities partnership report was provided. She explained that a resiliency strategy is being developed for the region as well as a separate one for the City. The agenda setting workshop was a kickoff event were organizations and municipalities came together to brainstorm. She added that the results of this workshop helped identify the region's strengths and weaknesses. This includes prioritizing preparation for hurricanes, economic shocks, and failing infrastructure. The regions identified strengths included critical services; fostering long term integrated planning while weaknesses included transportation and protecting manmade assets. The CROs will be visiting cities in the region as well as local organizations in order to focus on items that are important to the community. The strategy should be completed by January 2018. Continued to the January 18,2016 Sustainability and Resiliency Committee JLM/SMT/ESW/FCTA/P Page 205 of757 106 107 Commission Committee Reports - C6 B COMMISSION MEIVIORAN DU M Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: REPORT OF THE DECEMBER 16, 2016 FIMNCE AND CITWVIDE PROJECTS COMMITTEE: 1. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND THE MtAMt BEACH BOTANTCAL GARDEN (MAy 21, 2014 coMMtssroN ITEM c4c) (coNTtNUED FROM MAy 20,2016 FCWPC MEETING).2 . DISCUSSION REGARDTNG THE EXCHANGE OF pROpERTy WITH THE OWNER OF 5860 NORTH BAY ROAD IN ORDER TO RESOLVE THE EXISTING BOUNDARY LINES, AND THE LOCATION OF A FUTURE CITY PUMP STATION AND SEWER LINE (JUNE B, 2016 COMMTSSTON ITEM C4F).3. DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH PROGRAM (NOVEMBER 9, 2016 COMMTSSTON |TEM C4F).4. DTSCUSSTON TO CONSIDER ''VERTICAL GARDENS" ON HIGHWAY PILLARS AND OVERPASSES lN LIEU OF OR lN ADDTTTON TO PATNT|NG (OCTOBER 18,2016 COMMTSSTON lrEM RgX).5. DISCUSSION REGARDTNG THE EXptRATtON OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (LANDLORD) AND COLONY THEATRE CAFE, INC. (TENANT) FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF C|TY-OWNED pROpERTy LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA (PREMISES); SAID LEASE EXPIRING OCTOBER 31,2017.6. DISCUSSION REGARDING THE USE OF 7,655 SQUARE FEET OF CITY-OWNED PROPERTY (PENN GARAGE RETAIL), LOCATED ON THE FIRST FLOORAT 1661 PENNSYLVANTAAVENUE (PENN GARAGE), MtAMt BEACH, FLORIDA, INCLUDING A NEW LEASE AGREEMENT FOR A PORTION OF PENN GARAGE RETAIL BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCYAND THE CIry OF MIAMI BEACH (COLLECTIVELY LANDLORD)AND MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF 935 SQUARE FEET, LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, (PREMISES) FOR A PERTOD OF TWO (2) YEARS AND TWENTY-F|VE (25) DAYS, COMMENCING RETROACTIVELY DECEMBER 7, 2016 AND ENDING DECEMBER 31, 2018.7. DISCUSSION REGARDING WHY INSURANCE ITEMS ARE REFERRED TO FIMNCEAND CIT\ryVIDE PROJECTS COMMITTEE. Page 206 of757 108 Legislative Tracking Finance ATTACHMENTS: Description o l\,4inut*s Page2OT of757 109 City of *tiemi *eoch, i7l0 Conveniia* Center Drive, l*iomi 3eoch, florido 33 j3?,.nr*v.iti.q1fi.i.h.**i;hil,gc,v COMMISSION AAEMOTAN DUAN To: Mayor Philip Levine and Members of the City Commrssron FROM; Jimmy L. Morales. City Manager DATE: January 11,2016 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS coMMtTTEr (FtNANCE) MEETINc ON DECEMBER 16,201S The agenda is as follows: 1. Discussian Regarding Whether Or Not To Pursue Food And Beverage Soncessions For $oundscape Park, Callins Park, And The Miami Beach Botanical Garden (May 21, 2014 Commission ltem C4C){Continued from May 20, 2A16 FCWPC Meeting) ACTION The Committee directed staff to encourage the Bass Museum's suggestion in utilizing the Rotunda in Collin'$ Park for an art installation; where the Bass Museum would pursus funding outside of the City for the renovation of the Rotunda as well as for the art installation. The Committee approved the following in regards to the Collins Park outdoor caf6: r Not to charge a concession fee to the Bass Museum and. To provide Security in the form cf a Park Ranger. 2. Discussion Regarding The Exchange Of Property With The Owner Of 5860 North Bay Road ln Order To Resolve The Existing Boundary Lines, And The Location Of A Future City Pump $tation And Sewer Line (June 8, 2016 Commissio n ltem C4F) AcrroN Item deferred. Page 208 of757 110 Page k *f 3 3. Sissus*ion Sn The Potential Expansi*n Of The Big Belly Trash Program {November 9, 2A16 Cammissfcn ltem C4F} ACTION The Committee directed staff to continue the pilot program and double the amount of cans. ln addition ta that, a financial analysis needs to be done ta include the following: . Expand the program to other areas both heavily trafficked and remote for different value props. . Wher* a limiting advertising might be done to help offset any additional cost of the program, as long as the City has full control of that imagery. r How the City might be able to monetize some of the Wi-Fi? lf the carrier is willing to pay the City rent for that. . Bring back twc or three other reasonable scenarios, including the 200 cans to compare and see how we might pay for it. Considering if the Wi-Fi and the ads are not enough to offset any differential costs. Staff is to bring back the financial analysis to Finance and Citywide Committee meeting in January. 4. Discussion To Consider "Vertical Gardens" On Highway Pillars And Overpasses ln Lieu Of Or ln Addition To Painting (October 18, 2016 Comrnissio n ltem RgX) ACTION The Committee was very pleased with the work that was completed in house by staff including the painting of the overpass and beautifying underneath with landscaping, stone, and lighting. The Committee recommended not moving forward with the addition of the Vertical Gardens. 5. Oiscussion Regarding The Expiration Of The Lease Agreement Between The City Of Miami Beach (Landlord) And Golony Theatre Caf6, lnc. (Tenant) For The Use Of Approximately 1,37{ Square Feet Of City-Owned Property, Located At 1040 Lincoln Road, Miami Beach Florida {Premises); $aid Lease Expiring October 31, 2917. ACTION The Committee directed staff to negotiate a new lease with Segafredo and to bring back to the terms and conditions to the Finance and Citywide Committee. Page 209 of757 111 Fage 3 slf 3 6. Siscussion fregarding The Use Of 7,655 $quar* Feet Of City-Owned Property {Penn Garage Retail }, Locat*d On The First Floor At 1661 Pennsylvania Avenue {Fenn Garage}, Miami Beach, Florida, lncluding A New Lease Agreement Far A P*rtion Of Penn Garage Retail Between The Miami Beach Redevelopment Agency And The City Of Miami Seach {Colle*tively, Landlord) And Miami Beach Chamber Of eommerce {Yenant}, For The Use Of 935 Square Fe*t , Located At 530 17th Street , Miami Beach, Florida, (Premi*es) F*r A Period Of Two {2) Years And Twenty-Five (25) Days, Commencing Retroactively December 7,2016 And Ending December 3'N, 2018. ACTION The Commtttee recommended moving forward with the lease for the Miami Beach Chamber of Commerce and t* explore the concept of a Miami Beach store proximate to the Visitor Center. ln addition to that, the Committee recommended moving forward with actively marketing the remainder of the space. Whichever firm is hired to market it, staff should verify whether cr not the selected marketer has conflicts on Lincoln Road. The Committee recommended moving forward with allowing the youth center to temporarily stay at the location with the understanding that they have ninety {90) days to relocate fince a new tenant is found. Staff was directed to loak for alternate locations for the youth center. 7, Discussion Regarding Why lnsurance ltems Are Referred To Finance and Citywide Projects Committee. ACTION The Committee recommended that only insurance items that require a budget amendment should be brought to the Finance and Citywide Committee. Page210 of757 112 113 Commission Committee Reports - C6 C COMMISSION MEIIJORAN DU M Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAAAIBIACH TO: FROM: DATE: SUBJECT: REPORT OF THE DECEMBER 9, 2016 NEIGHBORHOOD/COMMUNITYAFFAIRS COMMITTEE: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK. 2. TRAFFIC MANAGEMENT ALTERNATIVES DISCUSSED AT THE FEBRUARY 24, 2016 COMMISSION WORKSHOP ON TRAFFIC MANAGEMENT - REVISIT ON PRAIRIE AVENUE TO ALLOW RIGHT TURNS TO TRAVEL EASTBOUND.3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF TUAURICE GIBB PLAYGROUND.4. MONTHLY CRIME UPDATE. 5. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. 6. DISCUSSION AND UPDATE ON NORMANDY POOL. 7. DISCUSSION REGARDING THE CITYS USE OF HOST COMPLIANCE SERVICES. 8. DISCUSSION REGARDING PAINTED BIKE LANES.9. DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A ''CITY OF KINDNESS,'' 10. DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD. 11. DISCUSSION REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS PARK. 12. DISCUSSION TO CONSIDER APPROVING THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR THEIR SERVICES. 13. DISCUSS THE PLACEMENT OF FARAH SERVICE EUE SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. 14. DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. 15. DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN MEMORY OF MARK N. OVERTON, FORMER DEPUTYCHIEF OF THE MBPD. ANALY$S A meeting of the Neighborhood/CommunityAffairs Committee was held on Friday, December g, 2016 at 2:00 p.m. in the Commission Chamber, 3rd Floor of City Hall. Commissioners in attendance: Commissioners Micky Steinberg, Michael Grieco, John Elizabeth Alem6n, and Joy Malakoff. Members from theAdministration and the public were also in attendance. MEETING OPENED AT 2:00 P.M. Page211 of757 114 OtD BUS'IVESS 1. Discussion Regarding The PossibleAddition Of ASkate Park ln North Shore Open Space Park Commission ltem R9E, January 13,2017 (Sponsored by Commissioner Arriola) Jeff Oris, Economic Development Division Director AFTER.ACTION Jeff Oris, Economic Development Division Director presented the item. He said that the committee has seen the presentation of this item on possible locations. The committee indicated that there was a preference for the 72nd street lot and that more information was requested. Some information that was previously requested by the committee was wlrat happens to parking on the site and what the configurations of the site would be. He sald there are 2 diagrams in the backup information. lf the skate park were to be designed in the matter reflective in the master plan, one of the things that would be faced would be the parking structure. They would be probably only be replacing the existing parking spaces, no additional spaces would be added. Jeff Oris said there is also secondary map that shows the footprint should they put a parking structure along the southern side of the lot, about 213 of the lot. That structure would have about 450 spaces, it may not account for uses on the ground floor of the parking structure. He mentioned a chart in the memorandum that outlines basic cost for the structures as well. Commissioner Grieco said that the paradigm of parking in the U.S. and specifically in Miami Beach has changed. The demand for parking is decreasing due to the increase of ride-sharing platforms. He said we need to start changing the math. He said parking requirements need to be thought about in the future. He also asked where we are in the process. Jeff Oris said if this is something the committee would like to move fonarard with, this needs to go to the Finance and Cityruide Projects Committee (FCWPC). The question really is how they can peg down costs and what might really happen. Commissioner Steinberg said when she received this agenda she sat down with Jeff, she said the first thing that needs to be figured out while looking at the diagram is if these are the pieces they want. Number 2 would be is this the configuration they want and number 3 would be wlrat is the realistic timeline. She said that she thinks this really needs to be looked at carefully and bring this back in January with these questions in mind. She said these are the questions needed to be answered before moving forward. Commissioner Alem6n said rather than the commission carve this up to talk about what they want with size of kiosks. She said to have the committee find what uses they want and present it to the market in such a way that developers can provide their best creative thinking. She also mentioned that they lost the rendering that the designer did, the conceptual on this site. Jeff Oris and Commissioner Malakoff said the designers were Calvin & Giordano and West 8. Page 212 of 757 115 Jeff Oris said one of the concerns they did have was that their design was shown on the southern end of the park and everyone agreed it needed to be kept on the northern end. He said he is happy to bring their design back. Commissioner Aleman asked why do we know the northern end is the proper end. Jeff said there were a couple of things. One was that they wanted to make sure they weren't impacting residential negatively. The Burleigh House is right there and Commissioner Malakoff also mentioned the Altos Del Mar neighborhood. Jeff said they were also making sure there is a direct route to the beach walk. Commissioner Alemdn said she would just caution. She said she is not sure that residents vttculd rather look at a parking lot or garage rather than a beautifully green all wheels park. She said she is more open minded about it. Commissioner Malakoff said she had 2 thoughts. They are looking at this and all of the designs are based on the all wheels 28,000 square feet park. She said she still thinks a 9,000 square foot skate park answers what the community wants. She doesn't think it needs to be all wheels. She said she thinks they should give equal weight to looking at a traditlonal skate park with landscaping around it and hills. She also mentioned the parking. lf we did a parking structure and we are thinking about doing retail, she rnould recommend having worKorce housing in the garage. lt puts eyes on the park. Assuming green space will be put there, to continue the green space from Collins Avenue all the way across, if they are doing a promenade like the master plan shovvred. lt uould take care of housing needed for the bandshell and beach goes on the weekends. She would like for the RFP for the garage to have space for worKorce housing, to have people living there who can have eyes on the park day and night. Jeff said that Commissioner Steinberg brought up if these are the appropriate pieces. With concerns like workforce housing, one of the things the master plan talked about was for relocation of the library, for a teen center, and for other civic uses. They were very mindful of considering this parking lot part of the green space from the bay to the ocean. The question that comes back up is what pieces they want there. He said anything they would like staff to look up can be done. ln regards to the skate park versus the all wheels park, the size shown in the diagrams are just because Calvin Giordano and Associates and West 8 looked at a range of skate parks from 6,000 square feet to 28,000. ln these footprints he put the largest, but there is a lot of flexibility. CommissionerAlem6n said they have talked in the past about a catwalk over the top of Harding Avenue to get from the youth center to the 72nd street area to make it easier to cross. Jeff said if they were to do that, it would safer, it would be more direct, and it would take some of the pressure off of the westem parking at the site. Commissioner Steinberg said maybe they want to put the skate park on top of the garage. Like she said before she would like the questions answered about configuration and wtrat the realistic timeline. Commissioner Steinberg said she would like this to come back in January with the questions answered. She asked if this is going on a dual track to the FCWPC. Jeff said he wasn't aware if that was the case. The commissioners confirmed that is true. Page 213 of 757 116 Kathie Brooks, Assistant City Manager mentioned to keep in mind that timelines can vary for different components. Maybe the parking garage doesn't have to be done right away and the other components can be done sooner. Commissioner Steinberg said the different components can be planned accordingly. DIRECTION: Come back to the January 27, 2A17 Meeting with questions answered about components 2. Tralfic Management Alternatives Discussed At The February 24,2016 Commission Workshop On Traffic Management - Revisit On Prairie Avenue To Allow Right Turns To Travel Eastbound Commission ltem C4l, March 9,2016 (Transportation) Jose Gonzalez, Transportation Director AFTER.ACTION DIRECTION: Defer to January 27 ,2016 NCAC meeting 3. Discussion Regarding The Temporary Relocation Of Maurice Gibb Playground Commission ltem R9F, July 13,2016 (Sponsored by Commissioner Rosen Gonzalez) John Rebar, Parks and Recreation Director AFTER.ACTION DIRECTION: Deferto January 27,2016 NCAC meeting MONTHLY CRIME UPDATE 4. Monthly Crime Update Commission ltem R9D, April 13,2011 (Sponsored by Vice-Mayor Grieco) Samir Guenero, Police Major AFTER.ACTION Samir Guenero, Police Major presented the item. He provided a packet of arrest highlights from last month. He put a couple of notable ones. He said they received a callthat shots were fired in the south end of the city, officers responded. The subject and victim knew each other, they were arguing over some money owed, when the officers got there the subjects were gone and about 5 shell casings were recovered. Detectives responded and did an in depth investigation. A BOLO (be on the look out) flyer rlras put out. 2 days later an officer spotted a vehicle and the crime suppression team was called. A couple of hours later they saw the subject and arrested him. The subject raas taken back to the station and the officers raere able to get a confession of whatwas going on with him. He obtained multiple charges. Page 214 of 757 117 Major Guenero said there was a strong armed robbery in the north end of the city. Video now a days plays a big role in the investigations. The victim claimed that back and forth he was beaten over the head. He has several bruises and abrasions. The detectives saw a video and was able to put another BOLO out. A couple of days later a beat officer observed a subject and took him into custody and closed the case. He mentioned in the back of the packet there were exhibits of BOLO flyers. Major Guenero said another case was in the entertainment district, another armed robbery with 2 convicted felons. They received a 911 call on the subjects. The midnight crime suppression team responded, they were able to find the vehicle. They also found a shot gun, a fire arm, and a mask used to commit robberies. Those subjects were taken into the station and questioned. They confessed their involvement in the robbery. The last case referenced a subject loitering in the north end of the city. The police received several phone calls, by the time the officers got there he was uncooperative. Apparently there was a restraining order against him by his girlfriend. The girlfriend lived in that apartment building. The officers tried to take him into custody and he resisted, therefore he was sprayed with pepper spray. He was charged with a slew of charges. Commissioner Malakoff said she noticed the crimes are not just in one section of the city. She said she is happy the officers are all over. Major Guerrero said especially due to the holidays, a lot of undercover resources are being put out in all areas. NO ACTION TAKEN NEI4IBUS'A'ESS 5. Discussion On The Status And Possible Expansion Of The Big Belly Pilot Program Commission ltem C4H, September 14,2016 (Sponsored by Commissioner Rosen Gonzalez) Jay Fink, Assistant Public Works Director AFTER.ACTION DIRECTION: Deferto January 27,2016 NCAC meeting 6. Discussion And Update On Normandy Pool Commission ltem C4N, September 14,2016 (Sponsored by Commissioner Steinberg) John Rebar, Parks and Recreation Director AFTER.ACTION Commissioner Steinberg said we have an agreement with North Bay Village on the use of the pool and she just wanted to have an update on that. Cindy Casanova, Parks and Recreation Assistant Director said Commissioner Steinberg is Page 215 of 757 118 correct, we implemented this program where we offer reduced rates for North Bay Village residents for use of the Normandy lsle pool and volley ball programs during the non-summer months. From September 1,2014 - May 2016 there have been 109 adults and 36 youth take advantage of the pool, 0 for volley ball. We are currently at the ending of the cycle and to date B adults have taken advantage so far. Commissioner Steinberg asked for any feedback that can be given. She asked ls this is wcrking, are the residents still getting priority for the times of the pool, are we overcrowded or book? Cindy said not at all, the program has been successful to date. Since it is during the non- summer months there are no issues. Commissioner Steinberg said she just wanted an update and if needed maybe they can revisit the rates. She said maybe the seniors can have the opportunity to use our programming if we are not at capacity. This is something to talk about. NO ACTION TAKEN 7. Discussion Regarding The City's Use Of Host Compliance Services Commission ltem C4H, October 19, 2016 (Sponsored by Commissioner Rosen Gonzalez) Hernan Cardeno, Code Compliance Director AFTER.ACTION DIRECTION: Defer to January 27,2016 NCAC meeting 8. Discussion Regarding Painted Bike Lanes Commission ltem C4l, October 19,2016 (Sponsored by Commissioner Rosen Gonzalez) Jose Gonzalez, Transportation Director AFTER.ACTION DIRECTION: Deferto January 27,2A16 NCAC meeting 9. Discussion And Presentation On Making Miami Beach A"City Of Kindness" Commission ltem R9D, October 19,2016 (Sponsored by Commissioner Steinberg) Tonya Daniels, Director of Communications AFTER.ACTION DIRECTION: Deferto January 27,2016 NCAC meeting 10. Discussion Regarding Recommended Traffic Calming lmprovements In The Central Bayshore Neighborhood Page 216 of 757 119 Commission ltem R9T, October 19,2016 (Transportation) Jose Gonzalez, Transporlation Director AFTER.ACTION Josiel Ferreq Transportation Manager presented the item. He said he has a presentation that was previously shown at the commission meeting, but he can certainly show it again and go through the recommendations. Commissioner Grieco asked if this is consistent with the conversation they had last night and to his understanding there are still things that need to be worked on between ourselves and the neighborhood. Josiel Ferrer said to give an update between now and the commission meeting. They met with the homeowners association, although they were encouraged by what they were seeing they did have some changes that we are considering at this point. The department is still in the works with that, it is going to take a little bit longer. When you play that out with the existing CIP project in the area. He isn't sure how they will meet the deadline of getting it in the CIP project. Commissioner Grieco asked without going through the whole presentation, what are the highlights of the proposal and more importantly how difficult would it be to follow up after the CIP project to do the work. Josiel Fener said the highlights of the it are mini circles. They are providing one of the intersections that is getting the most reconfiguration as part of the plan they are proposing is 28th and Prairie Avenue. That one he would be concemed because that one would have to go through a sizable reconstruction with the proposal they have. The proposal has been brought down significantly, but it is still is a big circle in the area. The other ones can come in easily, because they are essentially speed tables and things along those lines. They will not affect the project significantly. At this point this is also unfunded. They would have to go through a process to get this funded. Commissioner Steinberg asked if this has gone to FCWPC. Josiel Fener said no. Commissioner Grieco said it has not gone to FCWPC because they weren't sure wtrat it was yet. Kathie Brooks, Assistant City Manager said it rlrrent to FCWPC as part of the budget discussion last year. The decision at that time was wait until we have the study and see what the amounts were that were really needed. Commissioner Grieco asked if the major piece of this is the traffic circle Josiel mentioned. He asked what the sticking points were. Josiel said they were proposing a dual circle in that area because it is such a difficult intersection as they presented at commission. The neighbors didn't really like that, they felt it was too highway-like for their neighborhood. They said .they uaculd rather have one simple circle, Page217 of757 120 but doing reconfiguration in the area. He said these are issues he would like vetted by the neighborhood and then vetted through the committee because of this being a major reconfig uration of the intersection. Commissioner Grieco asked if the CIP propct is a design build. Josiel said yes, you run into the issue of having a sizable change order through design and construction as well. Commissioner Alem6n said Miami Beach Senior High is there, this is a key area. She said the residents rarrculd appreciate minimizing the time of the area being under construction. She said they should make every effort to have the projects going on at the same time. Commissioner Steinberg said also for cost purposes to do the projects at the same time. Commissioner Alem6n asked if there was one or the other in regards to the circles the neighbors preferred. Josiel said they said that having one circle would be bettet but that would cause them to have to reconfigure the intersection significantly. They are still looking how to work that in. Commissioner Steinberg asked if they wanted one over the other location wise, or one in the middle of the trarrc. Josiel said they wanted the northern one; however it would take reconfiguration of the intersection just south of that. Commissioner Steinberg said she sees what he is saying. CommissionerAlem6n asked if they could leave the other area the way it is, Josiel said no, in order to implement the circle successfully you have to be able to separate the movements. Commissioner Malakoff said she thinks the one circle makes the most sense. She thinks it needs to look residential because it is a residential street. She said maybe greenery can be added on the sides, which will slow down traffic even without the traffic circles. Commissioner Steinberg asked what the CIP timeline is; Josiel said it's around 6A%. Commissioner Steinberg asked what Josiel's timeline is, he said he would need at least another 30 days to complete the kaffic study and then meet with the neighborhood for the purpose of vetting the additional recommendations that we have. Commissioner Steinberg said the traffic study is going to happen regardless of the meeting, she asked if Josiel can meet with them earlier. Josiel said he has already met with them and received comments, they are now vetting the comments. Commissioner Alem6n said when they are in design is the time to figure everything out and decide ultimatelywhat they want instead of forging ahead. David Martinez, CIP Director said what he needs is a little more definition to know what they can play with and what they cannot, in terms of holding up the contract and redesigning. Commissioner Steinberg said we cannot keep redesigning, she also asked Josiel is there is a uay to expedite the comments that have been given to us, to integrate them into the residential calming of what he sees for the area wlrile David Martinez is woking on his design to try to move it along together as best as we can. Commissioner Alem5n said if the residents and the homeownerc understand that there is a timeline and we want to include them, it needs to get done quickly. Commissioner Steinberg said that Josiel mentioned there is no funding source at this time, Josiel confinned. Commissioner Steinberg said that we need to make sure this is referred to FCWPC immediately to figure out the numbers. She said hopefully by acclamation this can be Page 218 of 757 121 referred to FCWPC and that hopefully this syncs up with David Martinez's timeline. David Martinez said the reality is the actual construction of the area is going to take a little while, what we are talking about right now is things that you don't see, like the pipes underground. VOTE OF ACCLAMATION TO REFER THIS TO THE FINANCE AND CITYWDE PROJECTS COMMITTEE 11. Discussion Regarding The FutureActivationAnd Programming Of Lummus Park Commission ltem R9AN, October 19,2016 (Sponsored by Commissioner Arriola) Vanessa Williams, lnterim Director of Tourism, Culture, and Economic Development AFTER.ACTION Vanessa Williams, lnterim Director of Tourism, Culture, and Economic Development and Brandi Reddick, Cultural Affairs Manager presented the item. Vanessa Williams said the Ocean Drive Task Force that was created in May 2015 first presented recommendations to Commission in January 20'16 and then it was referred to Land Use and Development Committee and they approved the recommendations. At the March 2016 Commission Meeting Max Sklat Director of the department at the time was tasked with researching and getting a budget for temporary art exhibits and cultural activations in Lummus Park. She said they came up with a minimum budgetof $100,000 and it was submitted into the budget process and recommended as an enhancement, but it was not approved for funding in the current budget. The last thing before today was October 2016 discussion item sponsored by Commissioner Arriola, which was referred to today's NCAC meeting. Commissioner Alem6n said she wanted to make a philosophical comment. She said we just talked about 2 things that are unfunded, the bayshore item and now this park activation in south beach. She said the other day at Commission they were talking about what would be another $600,000 that came from the Alton court alley air rights item, rather than take those funds and use them for something in pafticular; she would like to find the best uses for the funds. Commissioner Grieco said he agrees with Commissioner Alem6n. He said there are needs throughout the city. Commissioner Alem6n said at Land Use and Development Committee there is an item coming about single family home retention. Mr. lvlooney was explaining some of the different things the item contained and one thing was expedited permits. He said that the expedited permits would cost money in overtime per hour. Commissioner Alem6n said what if vrne used the $600,000 to pay the overtime to help with the single family home preservation. Commissioner Malakoff said she doesn't completely agree because she thinks it depends on the project and the neighborhood. Commissioner Steinberg said it is an interesting conversation about how to use the money, but for this item staff is looking for direction. She said since it didn't make the cut this fiscal year she asked if they are looking to figure out how to make it work for next fiscal year. Vanessa Williams said there was a dual refenal to the cultural arts council and there was a meeting yesterday. She Page 219 of757 122 said they are discussing how this can be a part of the arts in the parks because they get a grant. The grant is $40,000, there are 2 main events that funds which are the lyric opera and the symphony. They would prefer to have a deeper discussion at their January meeting. Commissioner Steinberg said to have the cultural arts committee vet this and come back in 2 months since no one willget much done during the holidays. Commissioner Malakoff asked if they spoke about other active programming in the park or just art in the park. Brandi Reddick said they spoke about other active programming because art in the park is meant to fund other programming such as theater, music, and dance. Some people spoke about having a physical structure like a stage in the park for activities to take place. Commissioner Steinberg asked what they do in the Euclid Circle. She asked if they used the raised area. Brandi Reddick said yes and they use portable equipment. DIRECTION: Come back to the February 24,2017 NCAC meeting. 12. Discussion To Consider Approving The Placement Of A Plaque At The Belle lsle Park Flag Pole Dedicated To The Heroic Men And Women ln The Armed Forces And First Responders For Their Service Commission ltem C4A, October 26, 2016 (Sponsored by Commissioner Alem6n) John Rebar Parks and Recreation AFTER-ACTION Commissioner Alem6n said the Belle lsle residents association recently worked with staff to install a flagpole on Belle lsle and it is very beautiful. They are very excited and thankful to the city. The residents association requested a plaque that would honor our first responders. lt r,r,rculd require for the plaque and the mounting, wl'rich is just under $1,400. She wanted to talk about this to see if in additionalto the pole if we can install the plaque. Commissioner Steinberg said she loves the idea of honoring the men and women that are always there for us and she has no issue with this. She asked Kathie Brooks if there are any grants when cities want to do certain honors for first responders. Kathie Brooks, Assistant City Manager said she is not aware off hand, but it is something we can look into. Commissioner Steinberg said in the grand scheme of things $1,400 is a nominal amount. Gary Rugg, resident of Belle lsle said he wanted to thank the commissioners and the committee, especially Commissioner Alem6n for bringing this issue before the committee to dedicate the flag pole to the first responders. He also thanked the Parks and Recreation Department especially John Rebar, Daphne, and Oniel. He said they are planning a ceremony for January 21st with the Belle lsle residents association. He said his wife Wendy and he walk the ci$ allthe time and love to see the American Flag. Page 220 of 757 123 CommissionerAlemdn said it is so nice that the Belle lsle residents association wanted to make a special marker to show their appreciation for the first responders. She said she would move to find the $1,375 for this. Commissioner Grieco asked wlrere the money would be taken from. Commissioner Alemdn said the motion would be to go find it. Commissioner Grieco said the City Manager can approve that amount of money. Debble Turner, First Assistant City Attomey said that there needs to be a motion and second to recommend to the City Commission and direction to find the finances through the City Manager. Commissioner Steinberg said to Kathie Brooks if someone in the grants department can look into the funding, that would be great. Kathie Brooks, Assistant City Manager said she is not sure if there is funding, but they will look into it. Commissioner Alemdn asked if this would go to the next commission meeting. Debbie Turner, First Assistant City Attorney said it would need to be added on as an addendum to the December 14th commission meeting, to then set a public hearing for the January 11th commission meeting, which would be in time for the residents'ceremony. MOTION: ln favor of the plaque approved by acclamation and recommendation that Commission direct the City Manager to identify funding for the cost of the plaque 13. Discuss The Placement Of Farah Service Eue Sports Equipment At Different Locations Throughout The City Commission ltem C4A, November g, 2016 (Sponsored by Commissioner Arriola) John Rebar, Parks and Recreation Director AFTER.ACTION DIRECTION: Deferto January 27,2016 NCAC meeting 14. Discussion On An Additional Designated Dog Area In North Beach Commission ltem C4D, November 9,2016 (Sponsored by Commissioner Steinberg) Eric Carpenter, Assistant City Manager/Public Works Director John Rebaq Parks and Recreation Director AFTER.ACTION Commissioner Steinberg said just so that everyone understands there is an area in North Beach where there are many multi family homes and people wdk their dogs on the street and unfortunately the streets get covered with poop. There is an area where there is a little bit of green space and she would like to have it fenced in just to have as a dog are and let the neighborhood enjoy the amenity. She said right now the area is used as dumping grounds. Page221 of757 124 Commissioner Grieco asked wtrere this is. Eric Carpenter, Assistant City Manager/Public Works Director said it is at the intersection of Rue Vendome and Biarritz Drive, there is a triangular shape piece of right of way. They actually constructed a sidewalk to delineate the right of way line. lt is much deeper than most right of way, it is probably a triangle with 40 or 50 feet on a side. There would be enough room if they wanted to put up a fence and have dogs play in that area. The fence would be relatively simple, we would have to check with the Planning Department to make sure there are no issues erecting it. He thinks it would activate the green space. Commissioner Malakoff asked if it is activated as a dog park and can they put in those plastic dog bags and put the dog dispenser container that it goes into. Commissioner Grieco said he is all for this, but asked if we have communicated with the folks that live there. Commissioner Steinberg said a few of the neighbors in that area sent emails to the city and copied her wanting this. Commissioner Grieco said those are the few people that want it, but he has a feeling that they will wake up with some people that don't want it. Commissioner Steinberg said there can be outreach done. Commissioner Grieco said that if we can do outreach before putting a shovel in the ground, that would be great. Eric Carpenter, Assistant City Manager/Public Works Director said if the appetite is to explore this furthet he will initiate some outreach to the neighborhood and bring it back to the committee. He said if the committee and the neighbors agree, it can be brought to the full commission. Commissioner Steinberg said that is great, when she was contacted about this she said she would bring it foruard and that it wouldn't be a full blow dog park, she did think it made sense when it was brought up. Commissioner Malakoff said when they do outreach to make sure the neighborhood knows this area has been used as a dumping area and that this will keep their sidewalks and streets cleaner and it will better the triangle with grass and the fence will be something that is attractive. Eric Carpenter, Assistant City Manager/Public Works said he will work with the Planning Department on the fence that can be installed. DIRECTION: Contact the neighborhood and come back to the February 24,2017 NCAC meeting 15. Discussion To Name The South Pointe Park Fountain ln Memory Of Mark N. Overton, Former Deputy Chief Of The MBPD Commission ltem R9AD & R9AE, November9,2016 (Sponsored by Commissioner Arriola and Commissioner Grieco) John Rebar, Parks and Recreation Director AFTER.ACTION Commissioner Grieco said as everyone on the committee knows Mark N. Overton passed away recently, he was a South of Fifth resident, and he was an avid runner in that area specifically. Page 222 of 757 125 When he had his heart attack he was a block away from that fountain. He said that he and Mark N. Overton discussed the design of the fountain, which has taken forever to build unfortunately. He wanted to remind everyone that he was a part of the Hialeah Police Department and was a part of the Miami Beach Police Department for a couple of years before he went to the City of Bal Harbour. Most impofiantly, he was a resident of Miami Beach and on the board of directors of the South of Fifth neighborhood association; he was beloved in the neighborhood. He thinks that a circumstance like this would be appropriate; it is a ralrorthy memorial of a great man and resident. Commissioner Stelnberg said she supports this. She asked what he would like to do. Commissioner Malakoff said that he was a Deputy Police Chief for 2 years, we have had a lot of wcnderful residents who have done a great deal for the City and there are no fountains named after them. She doesn't know about naming a fountain or any major public monument of any sort after someone that woked for the City for 2 years and worked many more years for the City of Hialeah and City of Bal Harbour, but then again he was a terrific guy and resident. Commissioner Grieco said he along with Mayor Levine, Commissloner Rosen Gonzalezformer Commissioners, and former Mayors attended the funeral of Mark N. Overton, which was one of the largest funerals he has ever attended. He said the park is not a neighborhood park, it is a park where people from all over the world and all over the county visit. He said Chief Overton was not only just a standup guy, but he really affected a lot of people. This is something he feels strongly about, he believes if Commissioner Aniola was here he vr,rculd echo those sentiments. He said he heard from several people including former commissioners whom were supportive of the idea. With that being said, he moved the item with a favorable recommendation to the full commission. CommissionerAlem6n said she hears what both of her colleagues are saying and she seconded. MOTION: Commissioner Grieco motioned to move this with a favorable recommendation to the full commission. CommissionerAlem6n seconded. All in favor. Meeting adjourned 2:54 P.M. JLIVYKGB/MTG Legislative Tracking Office of the City Manager Page 223 ot 757 126 127 TO: FROM: DATE: Commission Committee Reports - C6 D COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 SUBJECT: REPORT oF THE NOVEMBER 16, 2010 LAND USE & DEVELopMENT COMMITTEE MEETING. 1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT. 2. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY srGNrFtcANT STNGLE FAMtLy HOMES (SFH).3. DTSCUSSTON ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE OF.'ENTERTAINMENT'' IN NON.ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. 4. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY DISTRICT.5. DISCUSSION REGARDING PROHIBITING VARIANCES TO EXCEED THE MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. 6 . DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NOT$EATINGAND DRINKING ESTABLISHMENTS ONOCEAN DRIVE.7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO ADDRESS RESILIENCY SUSTAINABILITY AND ADAPTATION. S. UPDATE ON THE TRANSIT HUB ON THE 5OO BLOCK OF ALTON ROAD. 9. PROPOSED MIAMI BEACH MARINA REDEVELOPMENT AND ASSOCIATED LEGISLATIVE CHANGES. 10. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS. 11. DISCUSSION TO RE-ZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RM.2 TO CD.2. ANALYS!S A Land Use and Development Committee meeting was held on December 12,2A16. Land Use Committee Members in attendance were Commissioners Joy Malakoff, John Elizabeth Aleman and Micky Steinberg. Commissioner Michael Grieco was also in attendance. Members from the Administration, including Susanne Torriente, Eve Boutsis, Nick Kallergis, Alek Boksner, Chief Daniel Oates, Josiel Ferrer, Thomas Mooney, and Rogelio Madan, as well as members of public, were also in attendance. Please see the attached sign-in sheet. Page 224 of 757 128 The meeting was called to order at 3:09 PM. 1. CMB Preparations for Likely Passage of State Medical Marijuana ConstitutionalAmendment. (Continued from the November 16,2016 LUDC Meeting Sponsored by Commissioner Michael Grieco and City Commission February 1A,2016 City Commission Meeting, ltem R9F) AFTER.ACTION: Rogelio Madan introduced the item. Commissioner Malakoff expressed concerns with the number of establishments located throughout the City. Commissioner Grieco and Aleman had concerns that the proposal rarculd benefit too small a group of property owners and requested that additional areas be studied. Chief Oats indicated concerns that can arise from medical marijuana distribution facilities. Members of the public addressed the committee. MOTION: ByAcclamation 1. Recommend that the City Commission extend the moratorium of medical marijuana facilities for three months; 2. Continue the item to January 18,2017 with direction to staff that additional areas be analyzed for the location of medical marijuana facilities. 2. Discussion Regarding lncentivizing The Retention, Raising And/Or Relocation Of Historic/Architecturally Significant Single Family Homes (SFH). (Continued from the October 26,2016 LUDC Meeting Sponsored by Commissioner Michael Grieco Apdl 13,2016 City Commission Meeting, ltem C4 E) AFTER-ACTION: Thomas ltllooney introduced the item. Members of the public addressed the committee. Commissioner Malakoff expressed support for a program to expedite permits tor pre-1942 single-family homes. CommissionerAleman wanted to understand the financial cost of establishing a fund to pay for overtime reviews for pre-1942 single-family homes. Commissioner Grieco expressed support for making it easier for owners to maintain their single-family homes and would like to further explore the ability for Architecturally significant homes to get priority in permit reviews. Members of the public addressed the committee. MOTION: ByAcclamation 1. Continue the item to January 18,2017; 2. Staff to provide an estimate on providing overtime review for pre-1 942 and pre-1966 homes; 3. Staff to discuss the feasibility of expedited reviews for the retention of Architecturally Significant Single Family Homes with the Fire Chief and Building Official; 4. Staff to provide a draft Ordinance indicating the areas of the code that would need to be Page 225 of 757 129 amended to provide for expedited permitting, including thresholds for permits that would qualify for expedited permit review. 3. Discussion On An Amendment To The City Code To Address The Allowance Of 'Entertainment' ln Non-Alcoholic Beverage Uses And Establishments. (Continued from the October 26,2016 LUDC meeting Sponsored by the City Commission September 14,2016 City Commission Meeting, ltem R5 R) AFTER-ACTION: Thomas Mooney introduced the item. MOTION: No further action / item concluded byAcclamation. 4. Discussion Regarding The Use Regulations For The WestAvenue Overlay District. (Continued from the November 16,2016 LUDC Meeting Sponsored by Commissioner Joy Malakoff November 9,2016 City Commission Meeting, ltem C4 J) AFTER-ACTION: Thomas Mooney introduced the item. Commissioner Malakoff expressed support for limiting the occupancy of hotel, suite hotels, and hostels, as well as a ban on hostiles within the overlay. CommissionerAleman expressed the need to exempt two children up to the age of 15 from the occupancy limit. Members of the public addressed the committee. MOTION:JEA/MS (3-0) 1. Continue the item to January 18,2017; 2. Staff to prepare a draft Ordinance that contains occupancy limits based on the type of unit, but combine one bedroom and studio units for the purposes of occupancy load, provide for an exemption of two children up to the age of 15, tighten the definition of 'dining room', and include a definition of 'hostel'. 5. Discussion Regarding Prohibiting Variances To Exceed The Maximum Size Of Accessory Retail On Ocean Drive. (Continued from the November 16,2016 LUDC tr/eeting Sponsored by Commissioner RickyArriola and City Commission November 9,2016 City Commission Meeting, ltem C4 M) AFTER.ACTION: Thomas ltlooney introduced the item. MOTION:JEA/JM (3-0) Page 226 of 757 130 Recommend that the Planning Board transmit the proposed Ordrnance to the City Commission with a favorable recommendation. 6. Discussion Regarding Prohibiting Exterior Speakers ln Non-Eating And Drinking Establishments On Ocean Drive. (Continued from the November 16,2016 LUDC Meeting Sponsored by Commissioner RickyArriola and City Commission November 9,2A16 ltem C4 N) MOTION: Continue to January 18,2017 byAcclamation. 7. Discussion Pertaining to Development Regulations And Guldelines for New Construction ln the Palm View Historic District To Address Resiliency, Sustainability and Adaptation. (Continued from the November 16,2016 LUDC Meeting Sponsored by Commissioner Joy Malakoff March 9,2016 City Commission Meeting, ltem C4 K) AFTER-ACTION: Thomas Mooney introduced the item. Paul Freeman provided an update on the neighborhood's actions and research regarding sea level rise and requested additional time to study solutions. Additional members of the public addressed the committee. Commissioner Malakoff requested that a meeting be setup between the City Engineer and the Palm View neighborhood. MOTION: Continue to March 8,2017 byAcclamation. 8. Update On The Transit Hub On The 500 Block Of Alton Road. (Continued from the September21,2016 LUDC Meeting Sponsored by Commissioner RickyArriola April 13,2016 City Commission Meeting, ltem C4 Q) MOTION: The item wias withdrawn by the sponsor. 9. Proposed Miami Beach Marina Redevelopment and Associated Legislative Changes. (Continued from the September 21 ,2016 LUDC lr/eeting Sponsored by Commissioner John Elizabeth Aleman May 11,2016 City Commission Meeting, ltem R9 J) MOTION:The item was continued to March 8,2017 byAcclamation. Page227 of757 131 10. Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs Committee To Establish More Aggressive Requirements For Employee Transportation Plans. (Continued from the November 16,2016 LUDC Meeting Sponsored by City Commission June B, 2016 City Commission Meeting, ltem R7 X) AFTER-ACTION: Josiel Fener introduced the item. Commissioner Malakoff had concerns with creating excessive regulations for businesses. Commissioner Steinberg liked the direction of the ordinance and expressed a need for such traffic reduction methods. CommissionerAleman wanted to see a focus on how compliance would be ensured. MOTION:The item was continued to March 8,2017 byAcclamation. 11 . Discussion To Re-Zone The Westem Side Of The 600 Block Of Washington Avenue From RIvl-2 To CD-2 (Continued from the November 16,2016 LUDC Meeting Sponsored by Commissioner Michael Grieco November 9,2016 City Commission Meeting, ltem C4 E) AFTER-ACTION: Thomas Mooney introduced the item. Mickey Marrero provided details on the proposal. Commissioner Grieco explained the need for the ordinance. MOTION:JEA/MS (3-0) Recommend that the City Commission refer the proposed ordinance to the Planning Board. The meeting adjourned at 5:18 p.m. Legislative Tracking Planning ATTACHMENTS: Description n Attachrnent Page 228 of 757 132 Page 229 of 757 133 = C) @ooC1'0 -Jm U) o:focuto 0) fo.tl(D g_oo3o =oo33=oo6o f c/)5(Do t$O NP (o po --t O)(n s C^)N).. :Uat Sl\flf r s) PIi!*J<-r 4..)' \, ) *) (o -S ;.F'r _l !) 11 t6 \ 90 ^.\\ \ ,/^'' I ^{\ e-S : r--J : S. \\s P t\ 5L P IJ t*- N.re) [\ S, \ 6-- =t<-)F"\I cr'lrC\trs F \ !^, tr Sr,5 T F >Nc * \, djy tr" $t a\ T\') -r U- C\\ (..S\\ z\> .= Jm (.^ v'\ I -Ctil) LI D JN UJtr U\ u Y U\-l> -tr (,|\ (ps { 4J ) i I) J) * -t J J $ JJ ^$.1 -l-l UJq r) S)D >.+t[4C. -\d L"rt)n UJ U \ ,\ N --lr \.-t \ \-l \\ a"\ tJ sJ$ ooz{ o{ zC =@ mv \\ \ \\ I @ o (o (o @ o o @ (o i- "6lI 5 s S* (o P 3 ^\ DII Par (o ez. @ 0ol (o 757 i-Lr \ J\ \ (o \ \b ) $. AI 6E.I (o F r .4 (o s p1i s-\\ \ (o $l r) R(+il')s |t.-5 (o +\:lst$N"Bt \ "p P (o S-- ts ;'. p, Ns_\ dt\i\ 1 (o $- \t c;\ *ri s" s ITII =t- trov mao 'I t{u .$ r Z C] C @m z OU€H F qHfi :I 5(Dr_i I=C)$ a a=I 3 -9cD nj" I:t * N) ,^,o 6 0Xs =d=a-{ -{m m m m-lzo (ra(o f 134 135 136 Resolutions - C7 A COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMI BEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, TO ACCEPT A DONATION OF A KAWASAKI TERYX 4X4 OFF.ROAD VEHICLE FROM MANGO'S TROPICAL CAFE, 9OO OCEAN DRIVE, MIAMI BEACH, FLORIDA, WITH AN APPROXI MATE VALUE OF $1 O,OOO. RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach has beautiful public parks and beaches that attract millions of visitors each year to the City. The Miami Beach Police Department (MBPD) therefore requires the capability for officers to undertake general patrol and to respond to emergencies both on the beaches and in the parks. Regular police vehicles do not provide this capability. The City has previously purchased a number of off-road vehicles to address this gap. The vehicles have proved to be highly successful in providing suitable transportation for officers. Mango's Tropical Cafe, located at 900 Ocean Drive, Miami Beach, has graciously offered to donate a Kawasaki Terfx 4x4 off-road vehicle, valued at approximately $10,000, to the MBPD. The vehicle would further enhance the MBPD's capability to undertake general patrol and to respond to emergencies. The title will be vested unconditionally in the City. CONCLUSION The donated vehicle will help to enhance public safety. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Ernergency Preparedness FINANCIAL INFORMATION The vehicle will be donated at no cost, however it will need to be retrofitted to make it fully operational for law enforcement purposes. The estimated cost of the retrofit is $2,200 which will be found within the 2016/17 budget. Page 231 of 757 137 Amount 1 $2,200 Account 1 011-1120-000343 Total $2,200 Legislative Tracking Police ATTACHMENTS: Description o Reso - form approved Page 232 of 757 138 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, TO ACCEPT A DONATION OF A KAWASAKI TERYX 4x4 OFF-ROAD VEHICLE FROM MANGO'S TROPICAL CAFE, 9OO OCEAN DRIVE, MIAMI BEACH, FLORIDA, WITH AN APPROXIMATE VALUE OF $1O,OOO. WHEREAS, the Miami Beach Police Department has an ongoing need for all terrain vehicles, which are utilized by the Police Depa(ment for criminal deterrence and apprehension, and to respond to emergencies; and WHEREAS, Mango's Tropical Cafe has graciously offered to donate a Kawasaki Teryx 4x4 off-road vehicle, valued at approximately $10,000, to the City of Miami Beach, for use by the Miami Beach Police Department; and WHEREAS, the Kawasaki off-road vehicle will expand the Miami Beach Police Department's operational capability to enhance public safety throughout the City of Miami Beach, particularly on and around the beaches, and within the parks; and WHEREAS, the Kawasaki off-road vehicle will become the exclusive property of the City of Miami Beach, and the title shall be vested unconditionally in the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the City Of Miami Beach, on behalf of the Miami Beach Police Department, to accept a donation of a Kawasaki Teryx 4x4 off-road vehicle from Mango's Tropical Cafe, 900 Ocean Drive, Miami Beach, Florida, with an approximate value of $10,000. PA$SED and ADOPTED this _ day of January, 2017. ATTEST BY: MAYOR PHILIP LEVINE RAFAEL E. GRANADO, CITY CLERK Page 233 of757 139 140 Resolutions - C7 B COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH 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 TO NAME THE FOUNTAIN WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT AND, PURSUANT TO SECTTON 82-503(8) OF THE CITY CODE, SETTING A PUBLIC HEARING FOR FEBRUARY 8, 2017 TO CONSIDER THE NAMING OF THE FOUNTAIN, AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. RECOMMENDATION City Commission vote to accept the recomrnendation of the Neighborhood/Community Affairs Committee at its December 9, 2016 rneeting approving the naming of the South Pointe Park Fountain in rnernory of Mark N. Overton, forrner Deputy Chief of Miami Beach Police Departnrent and, pursuant to Section 82-503(b) of the City Code, setting a public hearing for February 8,2017 to mnsider the naming of the South Pointe Park Fountain in rnernory of Mark N. Overton, and directing the City Clerk to publish the appropriate public notice. ANALYSIS At the December 9, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, the committee approved moving to the full Commission the naming of the South Pointe Park Fountain in memory of Mark N. Overton, former Deputy Chief of Miami Beach Police Department. Chief Mark N. Overton was born in the City of Miami Beach and in 1984, at the age of 21, Chief Overton joined the Hialeah Police Department. While at the Hialeah Police Department, he served in the SWAT, Criminal lnvestigations, and Narcotics/Special lnvestigations. His ascent through the ranks included serving as a Detective, Sergeant, Lieutenant, Captain, and Deputy Chief, reaching the rank of Chief in November of 2007. ln March 2012, after 28 years of service Chief Ovedon, retired from the Hialeah Police Department and accepted a position as the Deputy Chief for the Miami Beach Police Department. Chief Overton uas appointed as The Village of Bal Harbour's Police Chief on January 6,2014. Page 234 ot 757 141 Chief Overton obtained a bachelors degree in Public Administration from Barry University. Throughout his law enforcement career, Chief Overton received several career honors and awards to include but not limited to Officer of the Year, the Purple Heaft, Combat Cross, Distinguished Service, Outstanding Supervisor, and Administrative Excellence. He passed away on November 3, 2016 and his remarkable legacy will continue to live on through South Florida's community. The City of Miami Beach proclaimed December 14,2016 as Chief Mark N. Overton Day. Pursuant to Section 82-503(b)of the City Code concerning the naming of interior portion(s)of a public facility (including naming of interior portion(s) of a park), the City Commission is required to have majority vote on the NCAC's recommendation. Thereafter, the City Commission may consider the proposal at a public hearing and the proposal be accompanied by a written analysis prepared by the City Administration. At the close of the City Commission public hearing, the approval of the proposal requires a 5/7ths vote. Unless expressly provided othenruise in the City Commission Resolution approving the naming, the approval shall establish the presumption that the City shall assume the costs associated with the ongoing maintenance of the approved naming. FINANCIAL INFORMATION A proposed 12x12 plaque is proposed to be installed at the South Pointe Park Fountain, which will cost an estimated $1,300.00 for production and installation. CIP's South Pointe Park Fountain Project will be funding this plaque. All future maintenance costs of the plaque will be covered by the City. Amount 1 $1,300.00 Account 1 389-0820-000671-00-410-546-00-00-00- 29430 Leoislative Trackino Parks and Recreation ATTACHMENTS: Description n Resolution Page 235 ot757 142 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECITY OF MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS DECEMBER 9, 2016 MEETTNG TO NAME THE FOUNTAIN WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACHpoltcE DEPARTMENT AND, pURSUANT TO SECTTON 82-503(b) OF THE CITY CODE, SETTING A PUBLIC HEARING FOR FEBRUARY 8, 2017 TO CONSIDER THE NAMING OF THE FOUNTAIN, AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. WHEREAS, at the December g, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, NCAC approved the submission of its recommendation to the full City Commission regarding the naming of the Fountain within South Pointe Park in memory of Mark N. Overton, former Deputy Chief of Miami Beach Police Department; and WHEREAS, Chief Mark N. Overton was born in the City of Miami Beach and, in 1984, at the age of 21, Chief Overton joined the Hialeah Police Department. While at the Hialeah Police Department, he served in the SWAT, Criminal lnvestigations, and Narcotics/Special lnvestigations Units; and WHEREAS, his ascent through the ranks in the Hialeah Police Department included serving as a Detective, Sergeant, Lieutenant, Captain, Deputy Chief, and reaching the rank of Chief in November of 2007; and WHEREAS, in March 2012, after 28 years of service, Chief Overton retired from the Hialeah Police Department and accepted a position as the Deputy Chief for the Miami Beach Police Department; and WHEREAS, Chief Overton was appointed as The Village of Bal Harbour's Police Chief on January 6,2014; and WHEREAS, Chief Overton obtained a Bachelor's Degree in Public Administration from Barry University and, throughout his law enforcement career, Chief Overton received several career honors and awards including, but not limited to, Officer of the Year, the Purple Heart, -Gombat-Gt'oss;Distinguished-Service;Outstanding-Supervisor;and-Administrative-Excellence;-and WHEREAS, Ghief Overton passed away on November 3, 2016 and his remarkable legacy will contlnue to live on in the South Florida community; and WHEREAS, the Miami Beach City Commission has proclaimed December 14,2016 as Chief Mark N. Overton Day; and WHEREAS, pursuant to Section 82-503(b) of the City Code concerning the naming of interior portion(s) of a public facility (including the naming of interior portion(s) of a park), the proposed. naming of the Fountain within South Pointe Park must be considered by the City Commission at a public hearing; and WHEREAS, at the close of the City Commission's public hearing, the approval of the proposal requires a 5/7ths vote; and Page 236 of757 143 WHEREAS, a 12"x12" plaque naming the Fountain within South Pointe Park in memory of Mark N. Overton, former Deputy Chlef of the Miami Beach Police Department, is proposed to be installed at the South Pointe Park Fountain, which will cost an estimated $1,300.00 for production and installation; and, CIP's South Pointe Park Fountain Project will be funding this plaque, and all future maintenance costs of the plaque will be covered by the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the recommendation of the Neighborhood/Community Affairs Committee at its Decemberg,2016 meeting to name the Fountain within South Pointe Park in memory of Mark N. Overton, former Deputy Chief of the Miami Beach Police Department and, pursuant to Section B2-503(b) of the City Code, hereby set a public hearing for February 8, 2017 to consider the naming of the Fountain within South Pointe Park in memory of Mark N. Overton, and direct the City Clerk to publish the appropriate public notice. PASSED and ADOPTED this 11th day of January, 2017. ATTEST:Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,/drJ Dote Page 237 ol 757 144 Resolutions - C7 C GOMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFp) NO. 2016-204- KB, FOR DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE I SHORTLTSTTNG). RECOMMENDATION Adopt the Resolution. ANALYSIS On April 13,2016, the City Commission requested that the Professional Services contract with Zaha Hadid/BBA joint venture be terminated after deliberation of the final valued engineered redesign of the Collins Park Parking Garage Project submitted on March 31,2016. The Commission directed Administration to proceed with a new solicitation for professional services for the design and construction of a new parking garage that would meet the City's parking needs and that could include retail component, art galleries, art anchor tenants, worKorce housing for artists, and a beautiful vrrapped shell design. The directive also included coordination with the Collins Park Neighborhood Association and all affected neighborhoods. On April 20,2016, the City issued a Request for Qualification (RFQ) for the selection of a Consultant to prepare Design Criteria Packages (DCP) for several Parking Garages. The selected Consultant has been tasked with preparing a DCP that would include concise performance-oriented specifications for the Collins Park Parking project. The purpose of the DCP is to furnish sufficient information to allow Design-Build (DB) firms to provide a response to the City's Request for Proposals (RFP) for Design-Build services. The process to prepare the DCP is estimated to be g0 days. The DB firm will be required to seek all necessary City approvals during the design process. The Administration, in an effort to proceed with a design-build method of procurement, requested proposals from DB Firms for the design, permitting, construction administration, and the construction of a new parking garage facility and related infrastructure for the Collins Park Parking Garage. The Parking Garage design is anticipated to be a conventional parking garage Page 238 of757 145 structure wrapped with an aesthetically p leas i ng architectu ral e le ment. RFP PROCESS On September 14, 2016, the City Commission approved the issuance of RFP 2016-204-KB. The RFP was issued on September 16, 2016, with an opening date of November 4,2016. A pre-proposal conference to provide information to the proposers submitting a response was held on September 27, 2016. ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step, phased evaluation process. The Phase I selection process, wtrich is the reason for this item, relates to the qualifications, experience and availability of the proposers and key members of the design-build team, including the lead designer and lead constructor. Only those Proposers short-listed during Phase I are authorized to proceed to Phase ll of the RFP selection process, in which price and detailed technical proposals based on the approved Design Criteria Package (the "DCP")will be considered. firms: The City received proposals in response to the RFP from the following seven (7) Burke Construction Group Finfrock Construction, I nc. Kauf man Lynn Construction KVC Constructors, lnc. Munilla Construction Management Plaza Construction Group Florida, LLC Stiles Construction On November 28, 2016, the City Manager appointed the Evaluation Committee via LTC # 511- 2016. The Evaluation Committee (the "Committee")consisted of the following individuals:. Sabrina Baglieri, Senior Capital Projects Coordinator, Office of Capital lmprovement Projects, City of Miami Beach. Monica Beltran, Assistant Director, Parking Department, City of Miami Beach. Ray Breslin, Resident and Collins Park Neighborhood Association President. Adrian Morales, Senior Administrative Manager, Property Management, City of Miami Beach o Mark Milisits, Asset Manager, Tourism, Culture and Economic Development, City of Miami Beach The following individuals were appointed as alternates:' Diego Lopez Medina, Capital Projects Coordinator, Office of Capital lmprovement Projects, City of Miami Beach' Robefio Rodriguez, Capital Projects Coordinator, Office of Capital lmprovement Projects, City of Miami Beach' Thais Vieira, Senior Capital Projects Coordinator, City lvlanager's Office, City of Miami Beach The Committee convened on December 19, 2A16 to consider proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Govemment Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Page 239 of757 146 Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted ln the ranking of proposers as indicated in AttachmentA. CITY MANAGER'S REVIEWAND RECOMMENDATION After reviewing all the qualifications of each firm and having considered the Evaluation Committee's comments and rankings, the City Manager recommends that, for Phase I of the evaluation process, the Mayor and the City Commission shortlist the four (a) top ranked firms, all of which received a first or second place rank by at least one (1) committee member, including: KVC Constructors, lnc., as the first top ranked firm, Plaza Construction Group Florida, LLC, as the second top ranked firm, Finfrock Construction, lnc., as the third top ranked firm, and Kaufman Lynn Construction, as the fourth top ranked firm, to be further considered in Phase ll of the evaluation process. During Phase ll, the shortlisted teams will present their design, technical and cost proposals. The following are brief bios of each recommended firm according to the information presented in their proposals. KVC Constructors. I nc.: KVC (Prime Proposer) is a Miami-Dade based Desigr/Build company that has earned a strong reputation for excellence in delivery of a broad range of construction services and projects and has developed a niche in the construction of parking and mixed-use facilities. ln the last 12 months alone, KVC has either successfully completed or has worked on five major parking garages including Braman Motors Parking Garage, City View Parking Garage, Museum Parking Garage, The Palms Parking Garage and Wynwood Parking Garage. ln addition to those mixed-use garages, KVC is proud to have been the Design-Builder for the City of Miami Beach's Pennsylvania Avenue Design-Build Parking Garage in collaboration with Frank Gehry which was the recipient of an Awards of Excellence from the Florida Parking Association. KVC has assembled a team of design and construction professionals who we have worked together for more than 25 years, and are currently woking with on multiple parking garages as well as other projects. The make-up of the design team includes well respected design firms that are leaders in their respective fi elds. This includes Wolfberg Alvarez & Partners (WA), Hershell Gill Consulting Engineers (HGCE), Kimley-Hom, and Shulman + Associates, all who have long established reputations for design excellence. As our parking consultant, Kimley-Horn's project manager, Mark Santos, P.E., is a certified Parksmart Advisor, which adds additionalvalue to the team. Plaza Construction Group Florida. LLC: Plaza Construction Group Florida, LLC, as Prime Proposer, in a design-build partnership with Heery lnternational, lnc. (PlazalHeery), is pleased to present our qualifications for the Collins Park Parking Garage. We offer a dynamic and fresh approach that will give the City of Miami Beach the best option in achieving its vision. Our team is committed to bringing together functional design, efficiency, environmentally sound and aesthetic appeal, in keeping with the character of the immediately adjacent cultural center and Collins Park Neighborhood. Our design-build team includes the most qualified professionals with experience in design-build management, paking garage expertise, and familiarity with construction in Miami Beach. We have built over 3.4 million square feet of facilities just-blocks from Collins Park, giving us unparalleled insight & knowledge of your site conditions, neighborhood and overall building Page 24A ot 757 147 requirements. Our recent successes demonstrate that our completion of similar projects is proven. Heery lnternational, our proposed Architect of Record, with one of the largest parking structures completed in Florida, located in Miami-Dade County, has been intimately involved with the Collins Park Neighborhood Association, and understands the stakeholders needs and culture. Our commitment in delivering value through design is extended with the inclusion of Elliot + Associates Architects as lead designer, whose parking garage portfolio is award winning and nationally recognized. Additionally, Tim Haahs offers extensive parking garage experience, and along with TLC Engineering, Kimley-Horn, Miller Legg, ATC, & Garth Solutions, that have in- depth working experience with the City and familiarity with the proposed site conditions and project requirements. Finfrock Construction. I nc.: Finfrock Construction lnc. in association with Arquitectonica, ArquitectonicaGEO and Kimley- Horn is pleased to respond to the request for proposals for the Collins Park Paking Garage. The Finfrock/Arquitectonica team is enthusiastically interested in the project because the programmatic elements and scope of services requested so closely matches our experience and expertise from completing similar pro1ects. Finfrock and Arquitectonica were the design/build team for The Venture's 720-car garage in Aventura. As a fully integrated design-build firm, Finfrock has demonstrated its ability to provide design conscious parking solutions to our clients here in the Florida market for the last 71 years. With fully integrated precast manufacturing facility on our 103 acre facility in Apopka, Florida, Finfrock has the ability to evaluate the specific design and budget parameters of a project utilizing a seamless network of collaboration betralreen designers, builders, and manufacturers all based here in our facility. This approach has led to the successful completion of over 200 structures and 135,000 spaces of parking provided in the Florida market alone. Kaufman Lvnn Construction -The Kaufman Lynr/Walker Parking/Cunie Sowards Aguila team will work in partnership with the City to develop a highly functional parking structure that is in harmony with its surrounding, and has the flexibility to respond to changes in needs. Collectively, the team has completed 80 design-build projects. Throughout this work the team has always been able to correctly interpret, and bring to fruition, the vision of the client according to the scope of the criteria already set forth. The proposed team listed for this project has first-hand knowledge and experience working with municipal staff and building quality parking garages. Some of the projects completed by the proposed staff include the Pompano Beach Pier Parking Garage, FAU Parking Garage lll, Nebraska Street Garage and many others. Kaufman Lynn Construction is highly skilled at keeping the public safe and operations uninterrupted while building on active sites and makes a concerted effort to being "good neighbors" and minimizing dust and noise. Each member of the Design/Build team has extensive experience building a variety of projects together that add up to decades of experience. The firms' mutual respect for each other's dedication to owner vision and project successes, along with thriving working relationships among our combined staff, place our team well ahead of our competition. ?age 241 of 757 148 CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution authorizing the City Manager's recommendation, for Phase I of the evaluation process, that the four (4) top ranked firms, all of which received a first or second place ranklngs by at least one (1)committee member, including: KVC Constructors, lnc., as the first top ranked firm,Plaza Construction Group Florida, LLC, as the second top ranked firm, Finfrock Construction, lnc., as the third top ranked firm, and Kaufman Lynn Construction, as the fourth top ranked firm, be fufther considered in Phase ll of the evaluation process, which shall consider price and detailed technical proposals for the prolect. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes Throughout The City FINANCIAL INFORMATION Grant funding will not be utilized for this project. Legislative Tracking Capital lmprovement Projects / Procurement ATTAGHMENTS: Description n Attachrent A* Evaluation Committee Scoring and Ranking Page 242 of 757 149 REquEsr FoR PRAqgsALs {RFP). 20r5-lo4-liB :.,..r' rrp-EslGl{-rBUrLD sEavrcEs FoEIA r=w ', PARft NG GARAGE FACILFI:AI{' ':7,BELATE E I}IFRASTRUCTIiRE FOR,.t:lEiyttxs p *x pARKrNc 6ARAGE' ,q o ,= Rankinq oo .9 Rankino @ Rankino I o D Rankino .c Rankino LOW AGGREGATE T6TAI S Rank ]urke Construction Group 82 6 97 6 99 3 90 6 93 3 )!5 95 2 99 4 q3 4 4 99 1 '15 3 (aufman Lvnn Construction u 5 101 2 90 5 93 3 7 a1 1 (VC Constructors 101 105 1 101 1 96 1 q6 2 6 ,| \ruhilla Construction Menademenl 70 7 98 5 88 6 ql 4 27 6 rlaza Construction 90 3 100 3 100 2 95 2 ql 4 14 2 ;tiles Construction 86 4 q3 85 7 89 7 A7 6 7 Page 243 o1757 150 Resolutions - C7 D COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR LETTERS OF INTEREST (RFLI) NO. 2016-219-KB, FOR A DESIGN COMPETITION FOR AN ICONIC LGBT CROSSWALKAT THE INTERSECTION OF OCEAN DRIVEAND 12TH STREET. RECOMMENDATION Adopt the Resolution. ANALYSIS At the request of the City Commission, the Administration released Request For Letters of lnterest (RFLI) No. 2016-21g-KB for a design competition for an iconic crosswalldintersection incorporating the LGBT rainbow theme at the intersection of Ocean Drive and 12th Street. The City requested artistic concepts only and not architectural or engineering proposals. As such, the RFLI was not governed by the requirements of Section 287.055, Florida Statutes. The City will separately procure any architectural and engineering related services for the implementation of the project, if any are required. RFLI PROCESS Request For Letters of lnterest (RFLI) No. 2016-21g-KB uas issued on September 22,2016 with responses due on October26,2016. As recommended by the City's Office of Tourism, Culture and Economic Development, the RFLI for a design competition was sent to the local FIU College of Communication, Architecture and Arts, as wellas posted on the City's notification service. The City received a total of tr,rrro (2) responses: DiBari & Associates and Savino & Miller Design Studio. The Review Committee convened on December B, 2016 to consider the designs received. The Committee was comprised of: Steve Atkins, President & CEO, Miami-Dade Gay and Lesbian Chamber of Commerce; William Balcazar, General Manager, The Palace Bar and Restaurant, Miami Beach; Josiel Fener, Transportation ltilanager, Transportation Department, City of Miami Beach; James Murphy, chief of Urban Design, Planning Department, city of Miami Beach; Robin SchwarE, Resident and Chair of the LGBT Committee. Page 244 of 757 151 The results of the Review Committee's evaluation and ranking of designs received is included in AttachmentA. The selected design Wll receive an award of $5,000. CONCLUSION After reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission approve the resolution accepting the conceptual design provided by the top ranked artist/designer, Savino & Miller Design Studio; further, authorizing the Administration to execute an agreement and compensate the top-ranked artisUdesigner in the amount of $5,000. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As AWorld Class Destination FINANCIAL INFORMATION Grant funding will not be utilized for this project. Amount 1 5,000.00 Account 1 106-9615-000-349 Total 5,000.00 Legislative Tracking Transportation / Procurement Sponsor Commissioner Ricky Arriola ATTAGHMENTS: Description o Submittal - Savino & Miller Design Studio o Submittal -- DiBari & Associates Page 245 ol 757 152 ORIGINAL sovino & miller design sludio submits o clesign for lhe iconic lgbt crosswclk cornpeiiiion (rfli no. 2016-2r9-kbJ to the cily of miomi beoch procurement clepcrtmenl 10.26.1 6 a N I*r gF, ->-E<=Be ==Fr=uJ GE <.--ID -lu cra =*o-$t5-E rl-'ESle c:fi(D =E ::=,""'r_L_ s= =tr E= =F .5*oI + { rr-EI v'E-E<tr :=6 a <eaI "=HE I-oti=I ;srl* u: J1,r{ Cl,6, r.r,a\ d ltrr:se*,rc(q 153 ",rt\rii":imiItef actober 2i ic16 K.isly Eaaa- Ccntaaclrnq Clfrcer lli Procurernent Depadorenl 1755 llerid;an Avenue. 3RD Flcol l'liami Beacn Fi 33139 De6r K.isty Bada Cn behalf of Sa?inc & Ui:ler Desigo SlLidio. i anr pieased lo srjbmit this desigo for the Design a.mpet,iion fcr an lconic LGBT Crrsswalk ltlFLl No.20-lil-219-Kts) S3r;ao & Mijjer Desiqn Studio is an a?ard{tnning, olultrCrsclpirnary flrin speclaliziao !n La6dscape Arciilecture Aachjieciure and Silejuiban I\,4aster Planntng. Oor lirn has beeo the iecipienl of sevarai presligious a!!arclsi jusl last year !e received five Awards of l! e.tt from the Florida ASLA chaptea fs the City of Miafti Beoch Multj-N,lodal Cenier. Nluseun Park. Aventura Optrma Green Roof and t,1a iriami residences. \,/e also haie clher v.,orks rn Llianr! Beach relevant tc ihe 12th Street and Ocean Drlve crossiratk proposal: The lndian Creek Eridge anc Biscayne 8(dge on Anhur Godfrey Road io Mi6mi Beach that aci as gate'rays to the Clty. and the Espafrola \t/ay steetscape that lras designed to reflecl the sorrounding hi6loric village. Based on cur personel end lrofessional in?olvemeni $iih [,4ian]i Beach ,e are excited lo present our design pr6posa, ,hich .eiebr3les ihe fusion .t Ad Deco *ith the confrbutions of lhe LGBT communily lo l,4iami Beach.'y'{e hope this ilill ccntribuie to filnirering and enhancing Miarni Beach as a welcoming destinatron fcr the LGBT commun'ty. We thank yoe for the opportunity aod ,cuid be honored to contrliJuie oor design forthjs iconic crossllslk Respeclfully submrtled. w 12345 NE 6TH AVE. SUITE A NCRTH UtAr"!t. rL 33r61 I: J05.895.9062 F: 305.895 9983 !NrOi&SAV,NOHILLEF.COM litirrl: .xr\i,i!i \\ l| r :r , .. .1, 154 SAVINO & MILLER OESIGN STUDIO (SMDS), iEcars*.ale{i ir 1 393 provrdes setuicesinLandscepeArchitecture.Arcirjteciure Urban DesrQn ond Planorng ihe sfudio consisi6 ai 6 coll6boraiive group oF proaessianais dedlaaleC io inrprole and kansfo*r our open spaces and built eaviBnoleds The frrnl enuages the eccicqical and cultural conlexis cf the 6ita arjd coximunily lvhiie'rerkjns lorr'ards salstyrno iheir cl;ents gsdl6. S[,lDS' guiding princlple is io r:ccEeize lhe unrque qu6lilies inneaenl in each prolecl ;hrouqh careful uaderstanding of p.ogram, of hoi! people use sp3ce aten|ontomaleriai seleclion and deteil. anC spaiial comprsiticn. ihe llrm desiqns opeo space io +.eale rfi environfient thai re$pcndr lc ihe clienl s needs, tacililalas s!*iai ioleraclron dild !s in hainon! rllh it; Sl\iBS L[ilizes an inierdisciplinarT. holietic aporoach. i!hich integraies the diverse disciplines ot Landsc€pg A.chitecfure, Archrteclure. Urban De- sign. anC A,1. challeoging the LEED-cedified desiqn teanl to v,ev/ each prajecl as a fresh -canvas.' speclic tc each site and cllent. Througil this process, Sl,,lDS is abie to prcvi.Je clients.ilith mulli,facet€d ideas and soiui,ons SNIOS is accomplished in bringing thelr clienls projecls to fr!iiion'niih adistry and ecological sensiliy;ty Ihe sludro s drverse poillclo includei an extensive ranqe ol prcjects of o'ifiereni scal€s anC scope. inciuding prajects io arL,an design. skeeL scape design. green aoofs, sjle and commlnity planning. residenlial, @mmeacial, holeliresort. and successfu{ park desrgn. The rrm s park desigrs bave been the recipient of man-! paestigious ayiards tron ihe Anericatr Flanning Association. the Florida Natural Grower s Associ- ation. and the Americdn Socrety of Landscape Archiiecture. Savi0o & lljJler's w'de range of comp,eted, award-yinn,ng projects ls teslament 1o lheir cailmilmenl and cullure of collaboralicn in order to achieve thetr clleal s goals ln 2016. Savioo & ir'liller Design Sludio *as feaiured in the []arch Issue of Laodscape Architeclure Magazrne. ln 2015. the firm \ras honored wilh a Green R@fA*€rd of Excellence in Design ior Ayentura Optima. ACdilionall|, tberirm ras recognized ilith Uve FLASLAAwards ol lvlerit for [luseum Park: ldiami Beach lvlultiModol Cenler; Sanchez Residence: Cisneros Residencei end The Aventura Optima ialso recognized in 2014 as a LEED Plaljnum ptojecl). Among olhers, lhe trr has been .ecognized Eiih the 201C APA Gold Seclion Arard ot Excellence for Homeste4d Eayrront p6rk, the 2010 FNGLA Award Cf Excellence for South Poinle Park, and lhe 2C07 rLASLA Frederic B- Slresau Award and Award of Excei,en€ fs La Casa de Korge. 155 SAVINO MILLER OESIGN STUDIO (SMDS) js led by Adriana Savino & Barry Miller. The stu" dio bnngs its nrulti-disciplinary experience and collaborative approach in the design of the ouL door 10 merge the anrstc Eitf' the pragmatrc, the timelested lvith innovation. the sustainable wilh the nev/ Our work spans a range ol p@jecl types, scales and complexity. from residential design to sile master planning to large urban parks, to lighling and signage SI{DS s missron is to lnrprove Qua}ity of Lite lhrough design and understsnding our interaction wilhthenaturalv/orld Sll4DSseeksto"carvetheveryatmosphereandmedium'throughwhich we move. breathe, and experience our iives, in a beneflcial and responsible way. As shapers of the spatial environmenl, our hope is lo create meanjngtul experiences and joy in our shared lives and privale moments. Cur focus is to desigh space that reflects its {o@tion. intention and desire of ihose ,vho i?ill use the space. l\4uch ot Adriana and 8arry's early sork in the 80s focused on master planniBg and garden design tl-,roughout Miami Beach's Art Deco Dislrict. ln '1993, they tormed Savino Miller Design Studio. Together with an inspired team of proressionals and slafi Savino & h{ille. continue their design contribulions for a beautiful Miami Beach. t$!| ili:aJrir:;vino'Princiear @ :3"?'T'l';'"'""'0"' ffiQrnsxrnyu'Associat" reilxralvuan'Assocrar' Bann Williams, Assoclat€ PLA, LEED AP John Sharon, Associate LEED AP. MLA M.I.\ : iil a # %'3 Sx Ur$..Y w& NW T", Sophia Aitken, Business D€velopment & Marketiog Managor ! 156 STREETSCAPES ESPANOLA WAY- DREXEL AVENUE 157 ,t\i: $ CIVIC MIAMI BEACH MULTI.MODAL CENTER 2015 FLASLAAwaTd ol lr'lert Pege 251 ol 757 STREETTCAPE: 41ST STREET fiii!, p1r.. siir.j!r.t. ileiiqr iii.rirfi f .er!!ta.,n P*! !er!i... 2al1 t.irdrcrFr lrririp.[:r4 t $Llarti l).1!)r, ,l);e Grriahcn NrlF. tu' r!-q 1:i3 tole qernbori rrrrdaP*0swii.ori Lrq{lon nhflr BL'rrb rl Siilr.e I11i1# Pion. Sch.,*rli Pirir:i, iJe*_trr l.rrnicpB.r:riCinlrrirtr tC6ix!.r.trr irrrqjii r:rir Cnirlr'TBjI i:lr!re*ilJ &inr ?ilta crdn c|9rr lrramr !er,J) c.nlBrr fi. )t)li t|i1 I i4 *er{rniln.(:hru{r ,lriry Uiih. A AdEn. Snd,, 158 Oesiqn Approach Our le3m rs cammitled to a coilaborative approach io pianning asd design. !'(e snderstrnd and beleve in the;mpoaiane of teamwork anC efiecii?e ccmmunication in deiivering 3 s*ccessfu, project. Oua background and experlence as a srultrdisciplinary team of professionalg in landscape archit€rture urban desrgn. archileciuae and planning give us a uniq{e insight inlo lhe vaflous eienEnts and forces whrch shape our buiil enlironment Our appreach lo thrs projecl rncludes lhe lcllo\ing goals 1 Unde.stanc lhe Communilylcily goals as adieuiaied in lhe RFO 2- r-o design a cross?aJk lhat is at ooce functlcnal, honors LGBT p€oFl€ elerwhere, and iS uniquely Miami Beach 3. Acknowledge the srte's place rn history and human activily 4. Tc creaie a crosswalk thal is durable. longlasting and requires mininrunl nlaintenance 5. To consider both the daylime ard arghlime crosswalk experiance 6 Consider counly regular,ons ir t\e des,on Approach/Methodology O!r team has been signirlcanlly involved in many civic works in,\4!6mi Beach ovea our 30 year career and many of thenl, like the 41sl Street Bridge, Espano,a U{sy-Drexe, Avenue and South Pointe Fark, are some of the island s iconie lanCma,ks and have become parl of v;hal defines Miami Beach-s urban deslgn history and character. The creative, sens,live design$ of these places. ,lilhio a suslainable tramework, demonstrate tte philosophy of our design teami to creste beautiful and meaningful places. \..hiclr Frovide and enhance a community s seose of identily and further Llecome a source of pride to the community: this vas especially i,nportant ir designing the LGBT Crosswalk. 159 Design Concept Flst and iorefrcst, cor teanr wanled to firmly identifri LCBi history as pa,t of lriami Beach's llisiory. ll ivas inporiant to us lhat the iasign reflect the character of lhe nerghborhood but still stood oul to be an expressron of embrace and velcomrng ior the LGBT comslunity. For inspiraiicn. ?Je looked no further than the surrounding architecture. Not only is lhe islard knov,,n for ils HisicricArl Deco Distrlct around the world, but the organiaatiqn aesponsible for its caeation and preseftation !,as co-founded by Lecnard l-Jorowitz. a gay Lliami Beach .esident and industria, desJgner. He pul logelher lhe paslel color paletie that has giv€o the Art Deco buildinEs therr distioctive Fliami Eeach ilair This inrfialive gained global alention and recognitio8, greatly aiding elf.ris t6 prclect and preserue this architecture. |t 6lso pot adiami eeach on lhe map nol just as a beach and party deslinaljofl, but al5o a clllural one. lYe hope ihis design honcas his eFforts as we{{ as the effoils ot €ll ihe achvrsls. resiiients and vrsitors lhal hale made Miami Beach a home lor LGBT people evenl.r'here. lnspiaed by Art Deco Fattern$ and materials, oer leam chose lo use tefazo paveas in rainbo;v colors anC incorporale a recognizable Art Deco pattern. The multi-diteclronal paliern mimics the human activily, giving it a kinetic e.ergy and is easily arranged viiih standa.d-sized pavers- Also. rilh terraao pafers ceo be easily cleaneC with pressure v/ashing as well as replaced if Then, the queslioff oturnling lhe cross\€lk to be noticed al all hours of the day came up, which leci u9 to Cecide on adding a glow-in-lhe-dark aggregote in the lerazo pavers, that softly glow during the nightlime and the pattern yiould remain visible. reflectinq Ocean D.ives energy both day and nighl. n 160 lhe site: doy & night views WilADb-ltu m ru i{ :J 161 oooo :. $ o o 4, Uo 162 plon view . :V/-;S-/:/:..... s*..*N f, 163 164 165 ffiffi terrozzo pavers with glow-in-lhe-dork oggregote sprinkled on lor effecl doy sqmple glow-in-the -dork o ggregote ovoiloble in cuslom-mode colors ,] *{h a:0'year icngevity. glc*-;n-lhe dafi agg,egaiesa.e a srslainabie,ra, lc creale d urqlre fil?iure frr the crossi.,aiir. Terraac ;6 tane,t;siing. eas) lc rep ace il drnai:e, and Easy io a!e;n b) Freslr,s iishjng. OUr desiqn us.1 ? rt?nCaIC-5izeii pa,i€r 13" r 4" r 12') 3el on s?ri )'rei *rmpacled base ThB giorr^inihe,dark aggreenie ai i. reqresied lf; a ?ariely of ccicrs tc achiele a adinbow !i6v/ efflal :nd Jat:d b€ aCaed lg a clrstom te(azzo paler fiid. Th€ lerrazra will alsr be ia.dblasled tar sitp night romple 166 ntB,q'nr E{ ASS()CIAI'lrs :jr-: :_:Jl__.',.llii ;: ,-:;-::jta - COVIR LTTTIH Having lived there for over 5 years with my famity, and stilI owning property there, I feel as though Miami Beach is my second home (the first belngwhere lwas born, ltaly). Belngforeign-born, one of the majorfactors that attracted me to MiamiBeach is its dlversity and variety of people. I wilI atways have a special place in my heart for Miami Beach, and that is why I am so excited and honored to be able to participate in offering proposals to commemorate such a signlficant part of the Miami Beach communlty. Furthermore, the U.5. branch of my Asso- ciated Artists Studio is [ocated in Miami. Should you need any f urther explanation or information on any of the proposals submitted, ptease do not hesitate to contact us (see contact lnformatlons be[ow). ?(- Vito Di Bari nrBazu ,qa$_l-Q_Q-tArIS art$ lnnolaticn ilesign Page 260 of757 167 'r&.,ni.B,rru & ASSO(]IAI I]S li. ::l iitl.i;i:rllil I iia::;lq.il CUHRICULUM VITAE r>rBaru qas_s_9_Q14f,Is aiir innovation desiEn Page 261 o1757 168 Vita Di Bari- DiBari& Associate* i'iiikr;mpd ihe ili+anr Ttarrr, iliS;:ri & Asscciates is a rrique As:criated Stuciio hringing tngether siai--artLstE ard :tar--ciesisn*rs f r r;rr fii,e r:oniinelt; io deiivai- ii"re best i:-:;i ihe 'arcild le s lo o ffer. ilr-it ilirn rlesigns ire City of ii":e Future, trie.y. \t/e all sh:ie lhe san.ie visir:n: cre*iiirg beautifui. magical,erc-corrpai.ible cirie5 inri:ie- nrenling new rraterialE, ner,nr technologie: and brand neyv ideas. We cie=igr: Emoiio*ai Cityscane:. We believe ihat the ciiies of the fuiur-e will be canvases to he pairited wiih emotions. 0ur fnunder, Vita Di Bari has been appointecj innovation designer fnr the 201! World Expo that took place in l'4itarr. A di:tirrguishing riraracteristic of his wr.rrk is the ability to pair technology with physicai architecture and visual art whereby innovatiorr is thusly creat: ed. Leading DiBari & Associates much like the condr-rctor of an orchestra, Vito works in partnership with a:s*ciated artists to create unique, memorable, =ignatLrre public art. From Hong Kong to Paris, from Beilin to Rio de .Janeiro, from London to Milan, from Amsterdam to Prague, the Partners and Associ- ates of iliB;ri lrrnova tion Design deliver the besl that the r,r,orld has to offer. Alt of them share Vito's vision of an Emotional City: rre, ating beautiful, magical, eco-compatible cities implernenting new materials and new technologies utitizing oLrt-of-the-box creative new ideas. Vito DiBari- Artist Resume Vito is considered the leader of the avant-garde movement called Neo-Futurism, which is a rethinking of the aesthetics and efficient functionality of future cities, concerning architectural design and art in public places. The pioneer of the movement was French archi- tect Denis Laming. Neofuturist urbanists, architects, designers and artists believe in cities releasing positive emotions and in-:prov- ing the quality cf life through Eco sustainability, values *nd innavative technologies. His neo-futuristic vision of the "crosspollination of art and technology for a better world" is shared by world-renowned artists and designers. All of Vito's projects are value driven and based on next generation technologies and materials. As a result of becoming the official lnnovation Designer to The 2019 Universal EXPO, Vito began developing creative and inspiring urban projects. His Digital f xpo Project won the competition with a visinnary praposal featuring Vito's concepts to design a city of the future using recent discoveries in various fields, such as augmented reality, movement senso[s, nanotechnologies, and robotlcs. Vito created his vision of the lnspirational City. a city of the future releasing positive emotions and improving the overail quality of iife driven by hidden next generation technolagies, Vito's creative projects reflect the convergence of art, values and cutting edge technologies. Academic Career Vito has taught Design of innovation for over 20 years at the Faculty of f,ngineering of the Polytechnic University of Mitan and the Bocconi University. Vito chaired courses also at Facutty of Design of the Potytechnic University of Milan, Polytechnic University of Como, IULM University, and University of 5assari. He has been Dean of the Master in Marketing and Communication at the Business School of 5ole24 and Dean of the Master of Marketing and Management of Communication heiO by UNI5T at the University of Turin. Vito has used his unique capabilities of combining academic knowledge with practicaland executive business experience to educate the next generation. lnstitutional career Vito has published a multitude of works including tt books. ln 1999, Vito was appointed Executive Director at lnternationaI Multimedia lnstitute of UNESC0, in Paris. Vito was a member of the Advisory Board of the Accenture Foundation, the Scientiflc Committee of Harvard Business Review (ltaly). He has been a Member of the Scientific Committee of the lnternational lnstitute for Opera and Poetry of UNESCO, a Member of the Fiction Financing Commit- tee Euro-Aim MEDIA withlhe Councitof Europe (Bruxeltes), and a Chairman of the Arts &Communication lnternationatFettowship of the Rotary lnternational (Evanston, lt). Research and Awards EIn 2001, Vito secured his vision and legacy by founding LabNext - a cutting edge international research laboratory, named "Milan's European think tank" by Wired Magazine. Through his creative and inspiring work, he has ted severaI multi-functional projects with teams of up to 120 people. AmongVito's Honors and Awards with his Lab Next are 2005: 0ntine Educa of Berlin - Best Corporate Tele- vision;2006: Promax BDA, Sitver Winner; 2006: Telly Awards - Bronze Winner; 200/: Telty Awards - Bronze Winner; 2o]0: Starr Prize; 2011: Promax BDA Wortd. nrBanr _&4-s_$p__QI{,[ES 3rts inrr',rticn cieEign Page 262 of 757 169 RILIVANI ART COMMISSIONS DIBARI r15-$_a,qt.#il]$ 3rii, infl clation dasig.n Page 263 of757 170 Walland Fcuntain M*saic - by il*rst Gtn*sker, Di*ari & AsEsciates - Frankfurt, Germany A ro;aii ancl for.rnlain rnr:;aic in ihe g;-eal iiaii ai the heacquarters riihe DeLrtsihe BLrndesll;nk in Frankfurt.Thenre F/as a sentence frrnr Gopthe's "Fai:lt ll":'7\rri feii:iqen t',bgiar,zha[:er:,.0:ir daE Leben" Year of project - tgBB Commissioning agcnt - Deutsche Bundesb;nk, Frankfurt Representatlve contact - Franz Conrads Contact telephone & emai[ - Phone: 0049 69 23BB l068 [mail: f ranz conrads@bundesbank de r:lBa,nt 3.: i1!SO_Cl,\ I llS 't-li iirfatiti, rl ii,,::r1. 4,i,N Nl= ii riri.( ."r t, r,,r,.r iiO of r, rn 171 Heayen's Waters - by Horst Gl*esker, Di*ari & Associates - Erfurt, Germany Glasker pl.rr-ed the lustrous tiie fountain ii"::i;lLatior:. "i'isaven':'vtlateis" at the bate ol an eEcalatr:r ir: : :hopping renter in Eriurt Hea':en's iVaters empLoys inclividLrally painterl tile s lo rreate an entrar-rcing pioS: cf color be*eaih the fountain. Year of project - 200u Commissioning agent - RWW Architects Representative contact - lng. Barbara Possinke Contact telephone & email - Phone: 0049-2it-4367-0 N 'NN tN *'{",11 $$',*%.* z*,, s. *;':4 .... )t: tt z-;-''s ,::*..*:-*'S , >#;t*: DIBARItt AS-SOCI,{I'I::S r'" i.r.:;1i .,r .ir.::iii zN ':aa.a. z. ': . : "l '' 1.\\t-.= ..,\*-, n'\fu1'', \t !1,1 {t'r. s :a. l-ri :i i::.,-,i :.i: Page 265 ol 757 tr.,i.. i,- ::a t 172 {olurnns - by Horst filaesk*r, DiBari & Associ*tes - G*erhausen, Germany P;irrtec cciinrns ,.vith :1.:;:luia te chnic, acryl n*int arrd gald leaf Year of project - i!!6 Cammissicning ag*nt - CENTR0 0berhai:Een Represent*tive contact - Pet*r Healey, $ -'N z.+ -\NZ. l\l: \i,:,-:1 \.li;-r il I i. .l.tl ntB,q.n t & ASSOCi:l-J-lrS "' :.'':' li,..i.Lr-:r ., .i Page 266 af757 ',,.', iirlirill.l il ) t.-: 173 Campo $ar:t* - by Horst Gl**sker, DiBari& Associates - iladerborn, Sermany of behaviorlike: ccurage,to\,^/rlrcjict,respert,resentment. lr,;stancl asceticism Cr';"indingpathshei*y,,e:eeabalancingartbetween hum;n virtue ano ,urxdn \ i( e Year of project - lgg6 Commissioning agent - Cultura[ Office of Paderborn Eepresentative contact - Chri stop h G orke [-Bol'i ner Cantact telephone & email - Phone: 05251 BB l60g Enrail: c.gockel-boehner@paderborn.de t{f fi { ,9, ,$i t]*** 1 , ,1J '\s a ..,-&.'@u-,, :riiN:ii\ IfIBA}{.I $: rr.SS(X-l.4lIi:lS :r : r r,riritilirriiaeiil, , :\\qw & -'x, Aiib. .. 4" ''@,@ ::4;::* ;-' "*:-ru<< "t* "*"4:V;_* I i rii I II i'i,.ri il.l i i r..-'ii i ci:,:i tt i::i.a::..' - t.)ii ?age 267 ol 757 174 Scala - h,y l4*rst Glaesket *iBari & Associ*tes - Wuppertal, fiermany ll2 levels rr'rith 1i2 worrir for feelings.Su ihe rtaii': i:er.cr:el a nrettrpirci- fci ihe hi;ilal conditioi':. Year of project - :*C8, renovated in ?0i6 Commissioning age nt - Cultirre spnri & :ecurity arrci crdei depl. Representative contact - Matthias Ncci<e Contact telephone & emait - Phone: 0049 202 563 65qo Im;iil: matthias.nocke@siadt.rvuppertal cle DIBARI lL r{s5o(jlj1l_l:Srr:,r ii _. ;.iritrr1 il-'-:ii., YY 8 W * ftl{r & F*{ {:lil&s,r F{s"il} I'i i lilli,l''-', l l ).lr r,-i , ., ",, r:i:::: r i-tr.l Page 268 a{ 757 ,....,.'. - \:j : 175 MyEquilibria - by Vito Di Bari, Di bari& Assseiates - Mi{an and Piacenza,ltaly l'he work is;tn art inltallation ihat aiso functiorrs as a yrrsatile piece ci e;.e;r-i=e eluipnrenl. Tire briiLiant ciesign ri i',,i1,1r;riLibriii provides a simpie yet fascinating aesthetic lhat mirrcrs ii'ie ronlourl ci ari crp*rii f,:rm of l'auna ar sea life ancj sirfiuLt*nenully nro- vides the meci'ranisi"n for a variety of ccre strerrgtherr ing exeii i:es. I I v'va I t hr n:arriag,e of riatLrrai balar:re ;r'id innovativ* lec hno log,v lhat created Mylquilibria" Nexl generalian ir-raterials ol ultia-.righ l-erfoTnrance fiDer re inf'orced cr;-:ciete and steel ai-e seamle:sly intertwined to provide rraximum stabiiity and durability Year of project - 2016 Commissioning agent - Metalco Active 5rl Representative contact - Gian Luca lnnocenzi Contact telephone & email - Phone:786 4932343 EmaiL:gl.innocenzi@rTairoo.com DIBAR1 8r ASSOCIA:I'Ir:S ii ii'iii rii.*in'iiibr Page 269 of757 176 Clympic Games Projections - by Ross Ashton, *iBari& Associates - Londnn, UK ihe scene icr the next few weeks, when records are smashed anci rre',r;:ptrling herre: rrrerge.'lSoris Jr';iuson, N,ia,rroi- of Londonj Year of proje{t - 2012 Comrnissioning agent - GLA. Representativ* contact - Di Henry, Programme Director - 0lynrpic & Para{yl;rpic Lock & Celebratrons Contact telephone & email - Email: henrydi@hotmail.com TlrBAR.I &.r\5_SOCI.{l'liS ti, : irt. i :tr rrr. i r,: r.rr. \t ;-1 11l )i.l ; ri:i'i,.illirl..rii;'r:,i,i-ri ::iit.t i..rr:. , ir;.i'iu:,1 Page 270 ol 757 177 W*rld Cup Closing Ceremony - by Ross Ashtcn, *iBari& Associates - Johannesburg, SouZ* Atrisa video pi"*eentation ever hosted in South Af rica. Worlci-rencrn,necl Projectian Artist Rr::s A:htcn was electeci to o'.,eisee the eiiiiie piojecticir i:rrcess f rom start to 11rrish. Year of project * 20t0 Commissioning agent - Jack Morton Worldwide Representative csntact - Jim Donald Contact telephone & email - Phone: +77 11234377 Email: James_Donald6jackmorton.co.uk r:lBAnt 8{ {!,$t)_qlNl!s :ii ", lir -1r:,rttri iii',:iiril r? . \,'l ,.ri"rri. i'ri l-ll lll I ii:f i.rpliii;,,tir.r):,rfi i:r"irt,: r t-,i;l Page 271 ol 757 178 Cambodian Trees - by Clement Briend, DiBari& Associates - Phnom Penh, Cambodia ir: the iity tf lj":;n:rr Penh, Cambodia, Ciement Briend created projections cf arti;tic sculpturai represent;:tions of spiritrial entitie: :ucli as genii ard ine gargoyle Fantasy creatureg that permeate the Canrbodiar spiritual paradigm. These inrages urere imilcled upon the tree: ci the citv. Year of project - 2CL19 Commissioning agent - Photo Phnom Penh festival Representative contact - Christian Caujolle . . c(q{: .,:aa::.-""*-* " @" *str*,*=" DIBARI & ^s:1!,jQl4?_!nsriii iiri,r..,i:i tn ijetiilil |#,ffi j I ii:li t,i,l i i t:: i i ;1':,'. r'" - : ia:;,:'.,,1 Page 272 of 757 ir ,'::r : 179 M*talmorph*sis - by ilavid Cerny, DiBari & Asscciates - Chartotte, USA f ietalmorpho:is iE a l:l tr:n :iripiure m;cje ri slairrle:: steel. A hun:an head divided intr.r hcrizontaI pL;ries that move in a rhythm oi consl*nlly deconsirircting arrd reconstr ucting tlre hunxln rountenance. The rnouth of the head spits a lountain which also spins ]60 clegrees with the sliding plate: and iands in ; nool. Year *f project'2CS7 Commissioning agent - Riprand Arco Representative contact - Private Contact telephone & *mai[ - Private T}IBARI td ,lsSOCl,tI L:S I : : i: jr,. :ri .rr ali,.:i11., lll,..,i:it .r,, \,l..t,.lii i:i.. i.-11 .qi.i lli'i,.(Lillli.t..til;,t:-,,,.-l t.rii,:,i..i_ri.:-1..i,,;r.,i,.",,ii ir;,' Page 273 of 757 !1 . ,:l il i'l i 180 tiv!ng Art - *y Mario Arlati, SiBari & Associates * Moscow, Russia sociai irtility of ;rri v..,,ith a strc;"ig conrmunic;ti';e impaci slntoinent. Year of project - 2Ci6 Commissioning agent - KroEt Construction Representative contact - Aleksej Dobashin Contact telephone & emai[ - Phone +7 495 7258045 Email: info@krost.ru :,f,i\\$ilil'r'r:t' f:iB,f.nt it AiSOlil;fl H$ 'r . .- i,r- i: r;!r . ... . J. 111 r-,i \,lfi ili'i.ri',.,,ttri'.,ri.t:::,i:t tt.t:. . t,.t Page 274 oI 757 :1 l' :rr': 181 Light in Jerr:salem - by fiiusepp* Se Cagna, DiBari& Asscclates - Jerusalern, lsrael dispia';, :lancJ: ti;i ii: ilr.anraiic llrrira:t frcm the ancieni rnrtlls thtl sei-ye Lts ine !:ackdrop. Year of project - :*l: Commlssioning ag*nt - [ity of Jer usaLem Representative contact - Edoarcio tlubscer Contact telephone & emai[- Phone: +97 252 34S8569 fmaii:ehubscher@gmail.cam rlrBAnI It A5S( X ){l.l.]S 'i':,: tili-ajarl, rr ,1.,:l.Ir i'.r \,1 ,,r i.iii lrtir.:i:j:ill' ri'' Page 275 af 757 il:ir--riii i 'liiL 182 r:tBant &. ASSO(;tAl'iis ,,,i-,, -r,,:.:.ti,i,rr,.lt :i!,- THANK YOU For na e tnf o visil r,nttr,rvy clitsr:rius:;octr:lIcts.r.on r DIBARI ,qa$-s,qq.s_Esari! inno,aticfr desifln ir-'ii'c$cliharias:,cli:ies ccr1, v,:,,.1',y qii1r;;!a:t!-;ia!ai e! i-lt6 r1 1{;ij.1j1C ti:ii}I Page 276 ol 757 3740 i.ill,lnc Ai.,erite - lt'liairri. [:i 3,;,19 1 183 ICONIC LGBT CROSSWALK Design by Vito Di Barl - DiBari & Associates N",pffianr & ASSOCtAl-tis ,r;: ,:il7l::f :t .- r, Prge 277 ot757 :t_,,,,., tt:i:lrrti i!.i,r.\:. I ),1 rrr-,i,!.i i::ir: i - -t-l 184 Artist's lnterpretation The main feature of this design is the use of two flamingos that incorporate each of the six colors of the LGBT rainbow flag, forming a heart with their long and sinuous necks, culminating in a kiss on each other's beaks. lt is an elegant and minimai design that focuses more on symbolism and style, rather than glitz and grandeur. Each design component of ihe flamingo's body represents one o f the six colors from the LGBT flag, the flamingo is one of the most iconic sym- bots of Miami Beach and the heart is the [nternational symbol of love. ln addition, the body and feathers of the flamingos resemble brushstrokes, and is a tip of the hat to the creativity and artistry evident throughout Miami Beach. Flamingos themselves are associated with many positive connotations, like beauty, batance. and grace. Atso. the"Old World" (Eastern Hemisphere) flamin- gos were considered by the Ancient Egyptians to be the living representation of the god Ra, the God of the Sun (Miami Beach is known for its sunny weather and beaches). However. even more important than the actual symbolism of flamingos is the fact that the City of Miami Beach has a history of identifying with and/or using flamingos. From The Ftamingo hotel, to the prof essionaI minor league basebalt team Miami Beach Flamingos, to the iconic Flamingo Park (formerly Flamingo Field), which is still a staple of the Miami Beach community to this day. Flamingos. with their classical elegance as weltas their fascinating curvaceous pos- ture, are the perfect icon for the LGBT movement in Miami beach, in all its variety. charm and splendor. The message to be conveyed is that LGBT from all over the world may freely love each other in Miami Beach, because Miami Beach loves LGBT. Love is an undertying topic illustrated through our design: love for life, love for diversity, love without boundaries, merged with the LGBT identity through the use of the rainbow colors. The design is one that utilizes symbolism and iconography. 5o, rather than being shackled to the limitations of a specific materiaI or construction process. this design can be combined with different types of crosswalks (standard, LGBT rainbow, rainbow frame. Copacabana Mood, etc.). Different construction techniques may be applied in order to achieve this design, but all of our proposals are compliant with alt appticabte Ftorida Department ofTransportation, Miami-Dade County Department of Transportation and City of Miami Beach Public Works standards for friction and skidding. The poetic style that blends perf ectly with this area of Miami Beach is one that will be tauded and much appreciated, as visitors and residents a like gaze upon the "Heartfel t Flamingos'l IVito DiBar$ Page 278 ol 757 185 HEARTFELT FLAMINGOS Version n.l 'i:' *-Dffi5ARI &, A-SSOCtAI'I-:,S art i,iriryiiiliii'it,J:i,tr 186 ?<- Page 280 of 757 187 t'\.#//f' ,:7.:4& $..W "r.ili 's\l ......\. ...-.4-v)ar:.\.--:\:. !"r$i$:z'''':l:1.;:l ..: ], Love in a FrqmS This first proposal features a new design for the crosswslkg, framingthe central illustrdtion of the fiamingos- The six cclcrs of the LGBT flag are represented through mult\lle itr ipe-q cn the c.rse!!alks aE weil as co ihe flaningo3 graphic Page 281 o1757 :.{\\,Ii..ry .'*,i '\llllllr$l:.r,i;r7. 188 ffi"'fl '*.. ':.1t.... 1. Love in a_Frag1l,/a!e1ia!1 Cr !ss?ilaik !tr iils!: P.e'cut palterns of prefcrmed thermcpla5tic pavement-marking material inlaid into stemped asphait. Fl.ririirgD; airapt .: sign .rlong ir,liami Beach roadvrays. 189 ',rX:* ::1...:.?';?A v" *r.ij' z. LGBT Crosswalk This proposal feature5 the already existing de:ign of the crosswalk, with the flamlngos graphic added on. Page 283 of 757 190 %€7 @qMrilr.--lkW"*,N z;Bq ,il-fuM*;@ilr z. LGBT Crosswalk - Materials of p.l!'ement Ce5igr, texi!red pJ!ern.nt d€slgr, and par er de:ign aicne ivliemi Bta(h rcaCwny.j. **d P age 284 at 7 51 TT 191 n1:'i-{i\\\\\\\rl \\,i\i\irir i \ .,7.=.;:2. 'lii\\lr:r. )qt 3. Standard Crosswalk - lhrr i:ropr:oi ,l rrarje fcilowing the prinriple of "ie;s is I icre'l Page 285 of 757 9",-"' t:: :=;,;-\,|&t ,. , {rt.,,,,d "u\t : \i. 4.. z. .IB] ,l'lt\\. 192 'rff ...74.W/rt ::,::,:::aaaa---- :.::,i;.i\il. 3,5!gnda1! Crosswalk - Mat1ia!s Iroslwaik: St.lndnrd pain't, sime ured inr ti rr r)ther ci cs:w.ik! atcun.i Nli.lmi Bcacn ie5ign obng f''1i,rmi Beach ...ed&ays. '\\\\\\ 193 HEARTFELT FLAMINGOS Version n.2 ff"-offianr E( -{SSOCIdI'tis rr r :,,iiil.-:lirj gtrr 194 7<- 195 t,,l {/{/{f'.:,;:-;,726. ltf tr) l. Copacabana Mood crri.rhed by the Fiaorifl!1o, craphic st tl'1e center oi tte interaecticn Page 289 oI 757 196 r'fr:t i, Copql3banqlt4ood - Materiats Cro!,sr,rniks and Fldain(os grrphic dr e bctr miCe af bardeC-til. ifoeaiig, .ertlarl tF ihe e5ph.li I ''ryfr 197 ffiffi r-ryz.* =a""W;qN\\\1(ffii;ri*\rir*r; _I LGBT Cjgllyvatk Tiis Prcr.!tl at.rtur e! ih! dlr {r!d}' ell;flr:l ileei{r ior ine i r o.5w+lk. iledc filre resisiafl.0.1 Curabie tlrfiLlgt iie l;r oi r rcrzrrs The goal is to maintain ihe look thot rhe LGBI coorm!nity alre.dy recagnizes as iheir representation, and rmprove upon ir with the centerpie.e of the flamingos Page 291 ol 757 198 ,ry.-./fl ry?'-. 1 /- t *,rN z. LGBT Crosswalk - Materials 199 fr 3. Standard Crosswalk Thi! pr.pos.l ls ri.de fciior;ing the l-"rncipir cl'less ir Dor.i: Page 293 at 757 ryq" ; -pffi 200 * 1....-_ ' ,,",*;i,% ,\\\rN,f, i_z/_:,..fur-.-,ryr 7.k\,z: t Page 294 ot 757 3, Stald_91d Cro:syq!f - Mq191iats (ro.,r,,ri. 3tand;rrd ptini, !,irme !rseil lor ilre oihe. ar !rr!.,,:liks afcrr.i i\,1iami Seiih ilammscs graphic;. llie.i? .ui cf tt.-ina!d-1rlc m.li.licr, nft lied ifl the;5philt 201 THANK YOU 4 DIISARI &$s!!t(itAi.tiis irr l:i :i?rtri ri:,.r 1 -rli!:r:t 202 We acknowledge the receipt of the addendum under the form of .pdf file named: RFLI 2016-21g-KB_Addendum No 1 Page 296 of757 203 204 Resolutions - C7 E COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 AAIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITWVIDE PROJECTS COMMITTEE AND APPROVING AND AUTHORIZING THE ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-081-WG, FOR Crry MUNtCtpAL pARKtNG GARAGE ADVERTISING SERVICES. RECOMMENDATION Approve the resolution. ANALYSIS At the May 1 1 ,2016 City Commission meeting, Commissioner John Elizabeth Alem6n refened a discussion item to consider advertising opportunities within municipal parking garages not visible from the right-of-way. Subsequently, staff engaged in a review of potential advertising partnerships/opportunities within the City's nine (9) municipal parking garages that would generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. These revenue enhancement opportunities range in the potential income that they may derive to the City. lt was concluded that a competitive process (a Request for Proposals, or RFP) would be the best mechanism to identify potential partners. -scope or senvlcrs The City of Miami Beach is soliciting proposals from qualified firms to secure local and/or national advertisers, to manage advertising for the City's municipal parking garages, to include production, installation and maintenance of advertising fixtures, boards, static displays, backlit displays, and others as may be approved by the City. The purpose of this RFP is to generate revenue for the City while allowing advertising within City guidelines. The City will retain the right and ability to identify the quantity and location of any proposed advertising program within our garages to ensure that they meet our expectations in terms of aesthetics. o MINIMUM QUALlFlcAf,loNS. Please Reference, Appendix c, Page 25, RFp Page297 of757 205 2017-081-WG City Municipal Parking Garage Advertising Services (attached). r SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP 2017-081-WG City Municipal Parking Garage Advertising Services (attached). . CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFP 2017-081-WG City Municipal Parking Garage Advertising Services (attached). CONCLUSION The City Manager recommends that the Mayor and Commission approve the resolution accepting the recommendation of the Finance and Cityrrvide Projects Committee and authorizing the issuance of the RFP No. 2017-081-WG for Municipal Parking Garage Advertising Services, which is subject to funds availability approved through the City's budgeting process. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As AWorld Class Destination FINANCIAL INFORMATION Grant funding will not be used for this prolect. This contract is intended to generate revenue for the City. Legislative Tracking Marketing & Communications / Procurement ATTAGHMENTS: Description n Draft $olicitation Page 298 of757 206 REQLiEST FOR PROPOSALS (RrP) CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES 2017-OB r-WG RFP ISSUANCE DATE: JANUARY 12,2017 PROPOSALS DUE: FEBRUARY 28,2017 @ 3:00 PM ISSUED BY: * MIArtrtISEACH Williqm Gqrviso, Procuremenl Conlrocting Officer Il PROCU REMENT DEPARTME NT 1755 Meridion Avenue, 3'd Floor, Miomi Beoch, FL 33.l39 305.673.7000 x 6650 | www.miomibeochfl.gov Page 299 of757 207 & rABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NoT uTtLtzED ............ ..... ............N/A O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ..........,...3 O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ........12 0400 PRoPoSAL EVALUATTON ....,..... .....14 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........16 APPENDTX B "NO pROpOSAL',FORM ......................23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...................25 APPENDTX D SPEC|AL CONDTTTONS ............ ............28 APPENDIX E REVENUE PROPOSAL FORM .............30 APPENDIX F INSURANCE REQUIREMENTS .,.........32 RFP 20\7QBI.WG Page 300 of757 208 & -SECTION O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successfulPropose(s)(the "contractor[s]")if this RFP results in an award. The Ciiy utilizes PublicPurcltase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is soliciting proposals from qualified firms to secure local and/or national advertisers to manage advertising for the City's municipal parking garages, to include production, installation and maintenance of advertising fixtures, boards, static displays, backlit displays, and others as may be approved by the City. The purpose of this RFP is to generate revenue for the City while allowing advertising within City guidelines. 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact:Telephone The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 3. AN The tentative schedule for this solicitation is as follows: RFP lssued January 12,2017 Pre-Proposal Meeting January 25,2017 @ 2:00PM Deadline for Receipt of Questions February 17,2017 @ 3:00PM Responses Due February 28,2017 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval RFP 20 I ZOB I.WG Page 301 of757 209 d) 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department -3rd Floor Conference Room C '1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATI0NS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE, This RFP is subject to, and all proposers are expected to be or bemme familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named hereinwith a copy to the City Clerk at rafaelgranado@miamibeachfl.gov Rt-P 20 t,/-08 t-wG Page 302 of757 210 8. SPECIAL NOTICES. You are hereby advised that ordinances/resolutions, which may be found on http ://web. miami beachfl.qov/procuremenUscroll.aspx?id=235'1 0 . IIVINGWAGEREQUIREMENT,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES.. FALSECLAIMS ORDINANCE. .. o ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... 'i1...,. this soliciiation is subject to the following the City Of Miami Beach website. b o CONE OF SILENCE CITY CODE SECTION 2-486. PROTEST PROCEDURES. Clry CODE SECTION 2-371. DEBARMENT PROCEEDINGS CIry CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... Clry CODE SECTIONS 2-481 THROUGH 2-406 o CAMPAIGN CONTRIBUTIONS BY VENDORS Clry CODE SECTION 2487 o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREI\4ENT tssuEs. .. ..... ctry coDE sEcTtoN 2_488. REQUIREMENT FOR CIW CONTRACTORS TO PROVIDE EOUAL BENEFITS FOR DOMESTIC PARTNERS...... CIry CODE SECTION 2.373 CITY CODE SEETIONS 2 407 THROUEH 2 410 clry coDE sECTtoN 2-374 CIW CODE SECTION 7O-3OO CITY CODE SECTION 2449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance, 11. DEBARMET{T ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REF0RM LAWS, This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2487 through 2490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance, 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, Iobbying and ethics provision of the City of Miami Beach and Miami Dade County. Rt-P 20 t,/-o8 t-wG Page 303 of757 211 & ,,,'ii 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROP0SALS. The City reserves the right to postpone the deadline for submiital of proposals and will make a reasonable effort to give ai least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PR0TESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. NOT USED. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and conkolled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and othenrvise equalwith respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and'takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the conkact. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efiiciency of the Proposer. (a) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. AL,, Rl-P 20 t,/JJ8 t-wG Page 304 of757 212 ,h 20, NEG0TIATIONS. Following selection, the City reserves ihe right to enter into further negotiations with the selected Proposer. Notwithstanding ihe preceding, the City is in no way obligated to enter into a contract with ihe selected Proposer in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Proposers ihat no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. PostponemenUCancellation/Acceptance/Reiection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. . .-t 24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442, Florida Statutes, any toxic substancetisteoineeffidaAdministrativeCodedeliveretra.saresultofthisproposalmust be acmmpanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATI0NS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a propose/s responsibility, and further reserves the right to declare a proposer not responsible if the history of violations wanant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 7Rt-P 20 l,/08 t-WG Page 305 ot757 213 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, andior agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design, device or materials covered by letiers, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cosi arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such conkact by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER 0F PERFORMANCE. Proposer agrees to perform its duties and obligations in a professionalmanner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposei to comply with this paragrafh shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. Page 306 of757 214 & - 34. DEMONSTRATION OF C0MPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past per{ormance (experience) in making an award that is in ihe best interest of the City, including: A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past per-formance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME 0F WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded frqm state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any conhact or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. Thesolicitation;then D. The Propose/s proposal in response to the solicitation. 9Rl-P 20 L/{J8 t-WG Page 307 of757 215 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which ihe City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or othenrvise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of ihe State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days afier opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for mmpliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach, Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. RTP 2U I,/{J8 I-WG Page 308 of757 t0 216 45. M0DIFICATIONAIVITHDRAWALS 0F PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due daie and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46 EXCEPTIONS T0 RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer iook exception to (as said term and/or condition was originally set forth on the RFP). 47. ACCEPTANCE OF GIFTS, FAV0RS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless othenryise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendo(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for theie additional requirements. lf these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendo(s)that offers the lowest acceptable pricing. The additional items shall be added to this conkact by through a Purchase Order (or Change Order if Purchase Order already exists). ln some cases, the City may deem it necesiary to add additional items through a formal amendment to the Conkact, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 50. JOINT VENTURES: Joint Ventures are not allowed. The City will conkact with a Prime Contractor only. Each proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors or sub- mnsultants to the Prime Contractor. Balance of Page lntentionallv Left Blank lTH 2U I,/.U8 I.WG Page 309 of757 il 217 & SECTION O3OO PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one ('l)electronic format (CD or USB format)are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or othenryise. 3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non-responsive and will not be considered. Cover Letter & Minimum Qualifications Requi 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience which demonstrates a level of expertise, technical knowledge, innovation and overall capacity to provide the proposed advertising services as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and yea(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications, to include record of advertising sales. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet, The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplieroortal.dnb.conr/webapp/wcs/stores/servleUsupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. h is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process, For assistance with any portion of the SQR submittal process, contact Dun & Brad street at 800- 424-2 495. RFP 20 IZOB I-WG Page 310 of757 12 218 & Scope of Services sed Submit detailed information addressing how Proposer will achieve the statement of work and technical requirements outlined in Appendix C, Specifications, including (but not limited to):. Stakeholder involvement & communications. Advertising concepts & format; and. Strategies to maximize revenue; and. Performance metrics & tracking; and. Financial reporting; and. Maintenance of installations; and. Account management. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a full review and score the Submit a com Revenue Revenue Form E Note: After proposal submittal, the City reseryes the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualiflcations (includlng, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RtP 20 t,/-08 t-wG Page 31 1 of757 t3 219 SECTION O4OO & PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluaiion Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be fonvarded to the City Manager who will utilize the results to make a recommendation to the City Commission. ln the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Proposer Experience and Qualifications Scope of Services Proposed 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Revenue Proposal Veterans Preference 4. Revenue Proposal Evaluation. The revenue proposal points shall be developed in accordance with the following formula: Sample Obiective Formula for Cost Vendor Revenue Proposal Example Maximum Allowable Points (Poinls noted are for illustrative purposes only. Actual points are noted above.) Formula for Calculating Points (highest revenue share per ATM transaction paid the City / revenue proposal being evaluated X maximum allowable points = awarded points) Round to Total Points Awarded Vendor A $200.00 25 $100/$200X25=25 25 Vendor B $150.00 25 $100/$150X25=16 16 Vendor C $100.00 25 $100/$100X25=13 13 RFP 2017{BI-WG Page 312 of 757 14 220 g ,1i,.' 5.Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluaiion committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Committee Member 1 Step 1 Points 6l IO 80 Step 2 Points 25 16 13 Total 107 92 93 Rank 1 3 Committee Member 2 Step 1 Points 70 85 72 srep z Points aq 16 13 Total 104 101 n( Rank 1 2 3 Committee Member 2 Step 1 Points 80 74 66 Step 2 Points 25 16 IJ Total 105 90 79 Rank ,|2 3 RIY 'IO I,/{JU I-WG Page 313 of757 r5 221 APPENDIX A Certificotion, auestionnoire & Req uirements Affid ovit 2017-}Bt -WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROCUREMENT DEPARTMENT.l755 Meridion Avenue, 3rd Floor Miomi Beqch, Florido 33139 A lr./\1 .*t,,\,r\ I rq? '.'- r*l: . it - I I ;i k#,,'frs+d E-€+.46 a Proposol Page 314 of757 t6 222 Solicitation No RFP 20,I7-OB1.WG Solicitalron Title CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES Procurement Contacl William Garviso, CPPB Tel (305) 673-7000 # 6650 Email williamqarviso@miamibeachfl.qov PRCIPOSAL CTRTIFICATION, QUESTIONNAIRT & RTQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitaiion and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED F0RM that must be submitted fully completed and executed. 1. General Proposer lnformation. FIRM NAME: No ol Years rn tsusrness NoofYearsinBusrnessLocally I NoofEmployees OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS) UIIY: StAtt:ZIP CODE TELEPHONE NO.: TOLL FREE NO FAX NO FIRM LOCAL ADDRESS clry STATE ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: IL]ERAL TAx II]TNTIFICATION NO., The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of ihe Proposer to perform in accordance with mntract requirements. 17RrP 20 t,/08 t-wG Page 315 ot757 223 Veteran Owned Business. ls Proposer claiming a veteran owned business status? YES SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that flrm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percenl or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten ('10%) percent or more in the Proposer entity or any of its affiliates References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services Provided. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or olher legal violation, or had a contract cancelled due to non-performance bv anv oublic sector aoencv? [-_-l vrs 'l---l r'ro SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescrlbed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ('Code') and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl .gov/procuremenU. NO I 4. 6 Rl-P 2U t,/!8 t-WG Page 316 ot757 1B 224 tivi$g Wage, Pursuantle Seetien 2 408 e{-{he Miami Beaeh eity eede, as same may be amended frem tinne te time, Prepes€rs living wage+ates listed belew,r e emmenerng with e ity fiseal year 2012 13 (Oeteber 1 , 2012); the heurly livin @ The living wage rate and health eare benefits rate may, by Resslutien ef the eity eemmissien be indexed annuallvjer-infkrti€ff Bureau ef taber Statisties, Netwithstanding the preeeding' ne annual index shall ex6€ed three pereent (37o), The City may al6s, B samelr++pa*teuta++ea* Prepesers'failure te eemply with this previsien shall be deemeda material breaeh under this prepesal, underwhieh the City may, at its eele-eptien; immediat€+y deem said Prepeser as nen reepensive; and may further subjeet Prepeser te additienal penalties ren en he tiving Wage requirement is is af{idavit deeument, Prepeser agrees @ Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the conlract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? l--_l vEs [__l r,ro B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners'or to domestic partners of employees? [--_-l ves [__-l r.ro C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Familv Medical Leave Bereavement Leave lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefi ts requirement is available at www.miamibeachfl.gov/procuremenU. Rt-P 20 t,/O8 t-WG Page317 of757 t9 225 10 Public Entity Crimes. Section 287.13312)(a), Florida Statutes, as currently enacted or as amended from time to time. states that a person or affiliate who has been placed on the convjcted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ior a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list Non-Discrimination. Pursuant to City Ordinance N0.2016-3990, the City shall not enter into a contract with a business unless lhe business represents that it does not and willnot engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or othenvise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will skive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assurlng they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of alladdendum may result in proposal disqualification. lnitialto Confirm Receiot lnrtal to Conlrrm Reminf lnitial to Confirm Receiol Addendum 1 Addendum 6 Addendum 1 1 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover. 11 12 KIT 2U I/{JU I-WG Page 3'18 ot757 20 226 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals rn response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances. including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibrlity of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resullant liability to the City. The City is governed by the Government-in{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and compleie, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $tO,OOO.OO as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. olLIl\TH 2U I,/!U I-WG Page 3'19 of 757 227 I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following infonnation as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, allattachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal wrth other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Certification, Questionnaire and Reoui Affidavit are true and accurate. Name of Proposer's Authorized Representative.Title of Proposers Authorized Representative: Srgnature of Proposers Authorized Representalive:Date. State of On this _day of _, 20_, personally appeared before me _--- who County of _) stated that (s)he is the a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires of Rr-P 20 L/{J8 t-WG Page 320 of757 22 228 APPENDIX B d\,$# Bid" il.ffiwe,{w "No Form 2017-)Bt-WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES & : 8\ l'.t2 !I -: PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3d Floor Miomi Beoch, Florido 33139 23 ?age 321 of 757 229 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR tNDICATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do _ do not want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL#2O17-O81-WG 1755 Meridian Avenue, 3'd Ftoor MIAMI BEAGH, FL 33139 KI.P 2U I,/.OU I-WG Page 322 of 757 24 230 APPENDIX C d) :r.WI?"fz/zi ffiffi:A€:V= Minimum Requirements & Specificotions 2017-}Bt-WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROCUREMENT DEPARTMENT '1755 Meridion Avenue, 3d Floor Miomi Beoch, Floridq 33'139 RFP 2017QBI-WG Page 323 of757 25 231 C1. Statement of Work Required. Secure and manage advertising for nine (9) of the City's municipal parking garages that would generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. Respondent will be responsible for 100% of capital and operational investment of program, with portion of revenue shared with the City. C2. Specifications 1. Management shall include: . . Securing local and national advertisers-: q Mandging advertising relationships- ' ' ' ,' Billing and revenue collection. Managing the approval process. Production and installation of advertising. Maintenance of the advertisingo Installation of advertising fixtures, boards, static displays, backlit displays, etc. All of the proposals will be reviewed to ensure consistency with existing Code, as well as to ensure that the proposal meets our aesthetic expectations. The City will retain the right and ability to identify the quantity and location of any proposed advertising program within our garages to ensure that they meet our expectations in terms of aesthetics. The selected proposer will work jointly with the City's Development Coordinator to ensure all advertising is approved by the City prior to installation. 2. Advertising Guidelines: A. All advertising accepted for placement will comply with Federal, State, Miami-Dade County, and existing City of Miami Beach laws, rules and regulations. B. The Contraclor shall neither accept for display, install, display nor maintain any advertisement that falls within one or more of the following categories:1. Unlawful or illegal goods, services or activities.2. Tobacco or tobacco related products.3. Firearms4. Sexual services, programs or products 5. Political candidates Jr politicaiissues6, An advertiser that is a competing brand of non-alcoholic beverage to Coca-Cola (Please see category exclusion portion below) C. Advertising for alcoholic beverages shall not be permitted within 250 feet of any school, day care or house of worship. D. Any such prohibited material displayed or placed shall be immediately removed by Contractor upon notice from the City. E. The advertising proposed for Garages would be for interiors only. General advertising is not permitted on the public right of way, except as may be pennitted pursuant to City Code. General advertising that is visible from the outside must be placed at least ten feet (10') inside the building's exterior. Please refer to the Cig Code Sec. '138-73, General Advertising. 3. Category Exclusion: Pursuant to an exclusive non-alcoholic beverage partnership approved with Coca-Cola Refreshments on July 13,zAY, the advertising of competitive products is not permitted in any city facility or property Rt-P 20 t,/-08 t-wG Page 324 of 757 232 4. (e.9. garage, parking lots, building, elevator). This includes competitive energy drinks, sparkling beverages, protein drinks, iced teas, coffees, etc. The selected proposer may contact Coca-Cola Refreshments to discuss any potential advertising opportunities for their various brands. The following City municipal parking garages have been identified as part of the advertising program (additional parking garages may be added at a later date):. G1: 7 Street & Collins Avenue. G2: 12 Street & DrexelAvenue. G3: 13 Street & Collins Avenue. G4: 16 Street & Collins Avenueo G5: 17 Street & Pennsylvania Avenue. G6: 42nd Skeet & Sheridan Avenueo G7: City Hall Garage - 18 Street & Meridian Avenueo Gg: Pennsylvania Avenue - 17 Sheeto G10:19Skeet&BayRoad MINIMUM GUARANTEE (MG) ln consideration of the City executing an agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City a monthly minimum fee to be paid on a quarterly basis. ln the event that the City chooses to extend the term of the concession agreement for any renewal term(s), the MG may be increased in a manner to be negotiated between the City and successful contractor. PERCENTAGE OF GROSS (PG) The City reserves the right to negotiate a Percentage of Gross Revenue due to the City during conkact negotiations. lf the annual PG amount is greater than the annual total MG, the successful proposer shall pay to the City the difference between the annual MG amount and the annual PG amount within 30 days of the anniversary date of the Agreement. lf the annual PG amount owed to the City is less than the sum of all minimum monthly guarantee payments, no further payments will be required of the Contractor. Likewise, the City shall not reimburse the Contractor any portion of the minimum monthly guarantee. PERFORMANCE BOND OR ALTERNATE SECURIry The successful contractor shall furnish the City with a security deposit, as agreed to by the City. Said security shall serve to secure the successful contractor's performance in accordance with the provisions of the agreement. ln the event the successful proposer fails to perform in accordance with said provisions, the City may retain said security, as well as pursue any and all other legal remedies provided in the agreement, or as may be provided by applicable law, 7. Rt-P 2U t/{J8 t-WG Page 325 o1757 a7 233 APPENDIX D & : "{''4{,,",&d'"".'r,..-t1 i W W #-r:,M Speciol Conditions 2017-}Bt-WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROCUREMENT DEPARTMENT 1755 Meridion Avenue, 3rd Floor Miomi Beoch, Florido 33139 Rr-P 20 r/OB t-WG 28 Page 326 of757 234 2. 3. 4. TERM OF CONTRACT. The contract shall commence upon effective date of fully executed agreement and shall be effective for three (3) years. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one-year periods at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. lt is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of lhe Successful Contractor, its employees or agents. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of advertising equipmenUsigns etc. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. EXAMINATION OF SITES RECOMMENDED. Prior to submitting its offer it is advisable that the vendor visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and or labor required. The vendor is also advised to examine carefully the specifications and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. DEMONSTRATION 0F EQUIPMENT REQUIRED DURING EVALUATION (if Applicable). The purpose of this demonstration is to observe the equipment in an operational environment and to verity itt capability, suitability and adaptability in conjunction wiih performance requirements stipulated in this solicitation, The City will notify the vendor of such in writing and will specify the date and time and location of the demonstration. The City shall be thl sole judge oi the acceptability of the equipment in conformance with the specificaiions and its decision ihatt Ue final. The Equipment used for the demonstration shall be the same manufactures model identified in the vendos offer. Accordingly, the equipment used in the demonstration shall create an expressed warranty that the actual equipment to be provided during the contract period shall conform to the equipment used in the demonstration, 5. 6^ Rt-P 20 L/-08 I-WG Page327 of757 29 235 APPENDIX E b ,E Revenue Proposol Form 2017-}Bt -WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROCUREMENT DEPARTMENT 1755 Meridion Avenue, 3rd Floor Miomi Beoch, Florido 33.l39 Rt-P 20 t./O8 t-WG Page 328 of757 JU 236 APPENDIX E REVENUE PROPOSAL FORM This Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections shall be initialed. 1 The proposed Minimum Guarantee (MG) provided to the City shall be utilized to allocate points in the Evaluation Process. 3l $ iYearl Rt-P 20 t,/-08 t-wG Page 329 o1757 237 APPEN DIX F I nsuro nce Requirements 2017-}Bt -WG CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES PROC UREMENT DEPARTMENT I755 Meridion Avenue, 3'd Floor Miqmi Beoch, Florido 33139 RFP 2Ol7O8l-WG 32 Page 330 of757 238 Before beginning any work and throughout the term of the contract (including renewal periods), the Provider shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: A.Worker's Compensation for all employees of the provider as required by Florida Statuie 440 and Employe/s Liability lnsurance in an amount not less than $1,000,000. B.Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C.Automobile Liability for all owned, nonowned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability lnsurance in an amount not less than $1,000,000. The insurance coverage required above must include a waiver of subrogation in favor of the City. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class Vll" as to financial strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 17O() CONVENTION CENTER DRIVE 3rd FL00R MIAM! BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. RFP 20 l,/O8 t-WG Page 331 of757 JJ 239 240 Resolutions - C7 F COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMI BEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT DONATIONS AND SPONSORSHIPS FROM T-MOBILE; THE MIAMI-DADE COUNTY PARKS, RECREATIONAND OPEN SPACES DEPARTMENT; KRAVE PURE FOODS, INC.; EXHALE ENTERPRISES, INC.; AND TATE,S BAKE SHOP, IN THE TOTAL AMOUNT OF $5,800, IN SUPPORT OF THE CITY'S JANUARY CICLOVIA EVENT. RECOMMENDATION Adopt the resolution. ANALYSIS Each yearthe City of Miami Beach hosts a wide range of events and programs throughout Miami Beach, in order to engage and educate the community and provide opportunities for recreation and family enjoyment. ln 2016, the City launched regular Ciclovia events to promote an active and healthy lifestyle. The Ciclovia event transforms Washington Avenue into an urban park by encouraging attendees to walk, bike, run or skate while enjoying a variety of activities and entertainment. This event is open to the general public at no charge. CONCLUSION Staff worked diligently to identify funding sources to off-set the costs of producing these events and has secured partnerships through sponsorships at varying levels of support from T-Mobile, Miami-Dade County Parks, Recreation and Open Spaces, Krave Pure Foods, lnc., Exhale Enterprises, lnc., and Tate's Bake Shop. The Administration recommends that the Mayor and the City Commission accept sponsorships in the total amount of $5800 from the sponsors for the January 2017 Ciclovia event. Leqislative Trackino Page 332 of757 241 Marketing and Communications ATTACHMENTS: Description o Resolution Page 333 ot757 242 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT DONATIONS AND SPONSORSHIPS FROM T-MOBILE; THE MIAMI-DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT; KRAVE PURE FOODS, INC,; EXHALE ENTERPRISES, ING.; AND TATE,S BAKE SHOP, IN THE TOTAL AMOUNT OF $5,800, IN SUPPORT OF THE CITY'S JANUARY CICLOVIA EVENT. WHEREAS, each year, the City of Miami Beach hosts a wide range of events and programs throughout Miami Beach, in order to engage and educate the community, and provide opportunities for recreation and family enjoyment; and WHEREAS, in 2016, the City launched regular Ciclovia events to promote an active and healthy lifestyle; the Ciclovia event transforms Washington Avenue into an urban park by encouraging attendees to walk, bike, run, or skate while enjoying a variety of activities and entertainment; and WHEREAS, Ciclovia is open to the general public at no charge; and WHEREAS, City staff has worked diligently to identify funding sources to offset the costs of producing these events, and has secured partnerships through sponsorships at varying levelsof support frorn T-Mobile; the Miami-Dade County Parks, Recreation and Open Spaces Department; Krave Pure Foods, lnc.; Exhale Enterprises, lnc.; and Tate's Bake Shop (the "Sponsors"); and WHEREAS, the Administration recommends that the Mayor and City Commission accept sponsorships, in the total amount of $5,800, from the Sponsors for the January 2017 Ciclovla event. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City to accept donations and sponsorships from T-Mobile; the Miami-Dade County Parks, Recreation and Open Spaces Department; Krave Pure Foods, lnc.; Exhale Enterprises, lnc.; and Tate's Bake Shop, in the total amount of $5,800, in support of the City's January Ciclov[a event. PASSED and ADOPTED this 11th day of January, 2017. ATTEST: Philip Levine Mayor Rafael E. Granado citY clerk APPR.'ED AS To T:\AGENDA\2017\1 - January\communicationsuanuary 2017 ciclovia Sponsorship Acceptance *rA[??X,y#[fii|ftt 4"10;;f:iYzrtL Page 334 of 757 -ti \,, -ffi- IJY-243 244 Resolutions - C7 G COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMI BEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT FOR LIGHT POLES, FIXTURES AND BASES BETWEEN THE clrY AND HD SUPPLY POWER SOLUTTONS, LTD. (A/K/A ANTXTER POWER soLUTloNS, LLC), TO ANIXTER tNC., AS THE SUCCESSOR-|N-tNTEREST TO ANIXTER POWER SOLUTIONS, LLC BY MERGER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORMATTACHED TO THIS RESOLUTION. RECOMMENDATION Adopt the Resolution. I\NALYSIS On March 5, 2014, pursuant to lnvitation to Bid (lTB) No. 2014-069-SW, the Mayor and City Commission approved the award of a contract to HD Supply Power Solutions Ltd., to provide the City with light poles, fixtures and bases. The certification of contract between the City and HD Supply was executed on March 27,2014 (th "Agreement"). On January 4, 2016, HD Supply Power Solutions Ltd., following a name change to Anixter Power Solutions, LLC, completed a merger transaction with Anixter, lnc. ("Anixter"), with Anixter emerging as the surviving corporate entity and successor-in-interest to Anixter Power Solutions, LLC. Purcuant to the agreement, any assignment or transfer of the Agreement, or of any interest related thereto, requires the written consent of the Mayor and City Commission. Accordingly, Anixter seeks the City's consent to the assignment or tr:ansfer of the Agreement. Pursuant to the assignment, Anixter will assume all of HD Supply's obligations and responsibilities under the agreement. Page 335 of757 245 CONCLUSION The Administration has conducted its due diligence and recommends that the Mayor and City Commission approve the Assignment and Assumption of the Agreement (the Assignment), and the Consent to Assignment and Assumption of the Agreement, substantially in the form attached. FINANCIAL INFORMATION All expenditures shall be based on approved and available funding. Legislative Tracking Procurement ATTACHMENTS: Description o Resolution o Assignnrent &Assumption of Agreement Page 336 ot757 246 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OFMIAMI BEACH, FLORIDA, APPROVING THE ASSIGMENT OF THE AGREEMENT FOR LIGHT POLES, FIXTURES AND BASES BETWEEN THEclrY AND HD SUPPLY PowER soLUTtoNs, LTD. {atkta ANtxrER powER SOLUTIONS, LLC), TO ANIXTER INC., AS THE SUCCESSOR-IN.INTEREST TO ANIXTER POWER SOLUTIONS, LLC BY MERGER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXEGUTE THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION. WHEREAS, on March 5, 2014, pursuant to lnvitation to Bid (lTB) No 2014-069-SW, the Mayor and City Commission approved the award of a contract to HD Supply power Solutions Ltd., to provide the City with light poles, fixtures and bases; and WHEREAS, the certification of contract between the City and HD Supply was executed on March 27,2014 (the "Agreement"); and WHEREAS, on January 4, 2015, HD Supply Power Solutions, Ltd., following a name change to Anixter Power Solutions, LLC, completed a merger transaction with Anixter, lnc. ("Anixter"), with Anixter emerging as the surviving corporate entity and successor-in-interest to Anixter Power Solutions; and WHEREAS, pursuant to the Agreement, any assignment or transfer of the Agreement, or of any interest related thereto, requires the written consent of the Mayor and City Commission; and WHEREAS, Anixter seeks the City's consent to the assignment or transfer of the Agreement to Anixter, and WHEREAS, the Administration has conducted its due diligence and recommends that the Mayor and Gity Commission approve the Assignment and Assumption of the Agreement (the Assignment), and the Consent to Assignment and Assumption of the Agreement, substantially in the form attached as Exhibit "A" hereto; and WHEREAS, pursuant to the Assignment, Anixter will assume all of HD Supply's obligations and responsibilities under the Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the assignment of the Agreement between the City and HD Supply Power Solutions, Ltd. (a/Ua Anixter Power Solutions, LLC), for Light Poles, Fixtures and Bases to Anixter lnc., as the successor-in-interest to Anixter Power Solutions, LLC by merger, and further authorize the Mayor and City Clerk to execute the Assignrnent and Assumption of Agreement and Consent to Assignment and Assumption of Agreement, substantially in the form attached to this Resolution. PASSED AND ADOPTED this 11th day of Janua:w. ZO|Z. ATTEST: AFFROVEDASTO FORM & I.ANGUAGE 8 FON EGCUTION Philip Levine, MayoT--1 n ,1\ ICT<-{-[''ll ** { x - r i - tL RafaelE. Granado, City Clerk Page 337 of757 Ci$Attomey iLp'f Data 247 ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT This Assignment and Assumption of Assignment (the Assignment) is entered into as of January 4, 2016, by and among the clrY oF MIAMI BEACH (the city), a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the City); HD SUPPLY PowER SoLUTtoNS, LTD. (atkta Anixter Power Solutions, LLC), a Florida corporation, whose principal address is 7584 N.W. 74rH Avenue, Miami, Florida 33166; and ANIXTER lNG.,'a Deiaware corporation, whose principal address is 2301 Patriot Blvd., Glenview, lL. 60026, authorized to do business in Florida (Anixter), WITNESSETH: WHEREAS, on March 5,2014, pursuant to lnvitation to Bid (lTB) No. 2014-069- SW, the Mayor and City Commission approved the award of a contract to HD Supply Power solutions Ltd., to provide the city with light poles, fixtures and bases; and WHEREAS, the certification of contract between the City and HD Supply was executed on March 27 ,2014 (the "Agreement"); WHEREAS, on January 4, 2016, HD supply Power solutions, Ltd., foilowing a name change to Anixter Power Solutions, LLC, completed a merger transaction with Anixter, lnc. (Anixter), with Anixter emerging as the surviving corporate entity; and WHEREAS, Anixter seeks the City's consent to the assignment of the Agreement from HD Supply to Anixter; and WHEREAS, pursuant to section 2.38 of the Agreement, any assignment or transfer of the Agreement, or of any interest related thereto, requires the written consent of the Mayor and City Commission; and WHEREAS, on January 11tn, 2017, the Mayor and city commission adopted Resolution No., authorizing the Mayor and City Clerk to execute this Assignment and Assumption of Agreement, and Consent Assignment and Assumption of Agreement, approving the assignment of the obligations and responsibilities of HD Supply under the Agreement to Anixter. Now, THEREFORE, the city, HD supply Power sotutions, Ltd. (a/kia Anixter Power Solutions, LLC) and Anixter, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree as follows: 1. The above recitals are true and correct and are incorporated herein as part of this Assignment. 2. HD Supply (alkla Anixter Power Solutions, LLC) hereby assigns and transfers to Anixter all of its right, title, interest, and obligations in and to the Agreement, which Agreement is incorporated herein by reference and attached as Exhibit t here to. Page 338 of757 248 3. Anixter hereby accepts the assignment of the Agreement and further assumes and agrees to perform all of the duties and obligations of HD Supply under the Agreement, and shall be liable for and subject to all terms and conditions to which HD Supply is subject to under the agreement, including, without lirnitation, the completion of all projects and outstanding work HD supply has with the city. 4. Upon execution of this Assignment and Consent to Assignment and Assumption of Agreement, and for purposes of interpreting the Agreement, all references to HD Supply or Consultant, under the agreement, shall hereinafter be deemed to refer to Anixter. 5. Anixter agrees to honor and maintain all required warranties and responsibilities for all projects and work previously completed by HD Supply or Anixter Power Solutions LLC under this Agreement (as of the March 27, 2014 effective date of the Agreement). 6. Anixter agrees to furnish to the City's Risk Manager, Certificates of lnsurance or endorsements evidencing the insurance coverage as specified in the Agreement. 7. All written notices given to the Consultant under the Agreement shall be addressed to: ANIXTER INC 2301 Patriot Boulevard Glenview, 1L.60026 Attn: Legal DepartmentTel: (224) 521-8000 Fax: N/A Email: clc@anixter.com 8. The Mayor and Commission of the City of Miami Beach, Florida hereby consents to the assignment of the Agreement from HD Supply Power Solutions Ltd., to Anixter lnc. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 339 o1757 249 lN WITNESS WHEREOF, HD Supply and Anixter have caused this Assignment and Assumpiion of Agreenrent to be executed by their appropriate officiais, as of the date first entered above. LoR coNSULTANT {AsslcNoR}: HD SUPPLY PowER soLUTroNS LTD. (a/k/a ANIXTER POWER SOLUTIONS, LLC) ATTEST: $ecretary President Print Narne Print Name Date: FOR NEW CONSULTANT (ASSIGNEE):\-ANIXTER INC. ATTE$T: By: Secretary President Print Name Print Name Date: CON$ENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT City's acknowledgement and consent to the Assignment, pursuant to subsection 2.38 of the Agreement, without warranties of any kind whatsoever being made incident to this Consent or the Assignrnent. FOR GITY: C|TY OF MtAMt BEACH, FLORTDA ATTEST: By: Philip Levine, Mayor AppHovEDASTo FOEM & IANGUAGE i SroR E)GcuTroN Arl0"L r?.-rJ*r u By: Date: Rafael Granado, Sity Glerk Page 340 o1757 ctty@* -6ab* 250 EXHIBIT 1 AGREEMENT Page 341 o1757 251 252 Resolutions - C7 H COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE PURCHASE OF SPIRAX SARCO METER SYSTEMS EQUIPMENT, PARTS, SOFTWARE, SERVICE AND RELATED ITEMS, PURSUANT TO SECTION 2-367 (D) OF THE MIAMI BEACH CITY CODE, FOR THE CtTy',S SATELLTTE CtTy FLOW METERING SYSTEMS, FROM G-TEC EQUIPMENT SERVICES, LLC, THE EXCLUSIVE AGENT FOR SPIRAX SARCO METER SYSTEMS EQUIPMENT, PARTS, SOFTWARE, SERVICE AND RELATED ITEMS IN THE CITYS GEOGRAPHIC REGION, RECOMMENDATION Adopt the Resolution. ANALYSIS The Procurement Department has received a request from the Public Works Department to procure equipment and services in order to perform the necessary maintenance, revalidation and replacement of the Spirax Sarco flow metering systems utilized in the City's pump stations. The City currently has several Spirax Sarco flow meters installed in the City's water and sewer system that require parts, service, and replacement equipment to maintain operations. Spirax Sarco, lnc., the manufacturer of Spirax Sarco metering products, has notified the City that its exclusively authorized agent in the City's geographic region for Spirax Sarco brand equipment, parts, and related items, as well as the service provider, is G-TEC Equipment Services, LLC. ln lieu of seeking the advice of a consultant/industry expert that the required items are, in fact, only available from G-TEC Equipment Services, LLC, the Procurement Department publically released an lntent to Sole Source (lTS) No. 2017-065-ND, on December 2,2016, requesting that, should any vendor believe it can provide the City with the necessary items, it should submit written notification to the contracting officer for consideration. No responses to the ITS were received. The Procurement Department will reevaluate this sole source purchase on a periodic basis every three years. The due diligence of staff resulted in G-TEC Equipment Seruices, LLC agreeing to offer the City a five (5) percent discount from manufacturer's suggested retail price (MSRP) for new equipment purchases and an additional two (2) percent discount on invoices that are paid within Page M2 ot 757 253 fifteen (15) days. Therefore, this item seeks approval to procure Spirax Sarco Meter Systems equipment, parts, software, service and related items from by G-TEC Equipment Seryices, LLC, the exclusive agent for Spirax Sarco meter systems equipment, parts, software, service and related items in the City's geographic region. CONCLUSION After considering the need to maintain operational and maintenance efficiencies of the City's satellite City flow meters and after review of the results of the lntent to Sole Source issued by the Procurement Department, I recommend that the Mayor and City Commission approve the Resolution authorizing, pursuant to Section 2-367 (d) of the Miami Beach City Code, the purchase of maintenance, repairs, replacements and related services for the Spirax Sarco flow meter systems from the sole source authorized by the manufacturer of the equipment, G-TEC Equipment Services, LLC. FINANCIAL INFORMATION The cost of the related services are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this prqect. Legislative Tracking Public Works / Procurement Page 343 of757 254 Resolutions - C7 I COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY AND UNIFY INC, (ASSIGNOR), FOR MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS AT VARIOUS CITY FACILITIES, TOATOS lT SOLUTTONS & SERV|CES, tNC. (ASS|GNEE), AS THE SUCCESSOR-IN-INTEREST BY ACQUISITION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AS APPROVED BY THE CITYATTORNEYS OFFICE. RECOMMENDATION Approve the Resolution. ANALYSIS On July 13,2011, the Mayor and City Commission approved the award of a contract between the City of Miami Beach and Unify, lnc. (Unify), for Maintenance of the Telecommunications Systems at various City facilities. On August 3,2011 , a certification of contract was executed and entered into by the City of Miami Beach and Unify, pursuant to the lnvitation to Bid (lTB) No. 28-10111. On, or about January 2016 Atos lT Solutions & Services, lnc. (Atos), completed a transaction to acquire Unify, with Atos emerging as Unify's corporate parent entity, of which the City was notified on or about November 1,2016. Purcuant to the agreement, any assignment of the agreement requires the written consent of the Mayor and City Commission. Consequently, Unify and Atos seek the City's consent to assign the Agreement from Unify to Atos, as successo r-i n-inte rest by acquisition. Page 344 of 757 255 CONCLUSION Administration has conducted its due diligence and recommends that the Mayor and City Commission approve the Assignment and Assumption of the Agreement, and further authorize the Mayor and City Clerk to execute the Consent to Assignment and Assumption of the Agreement. Legislative Tracking I nformation Technology / Procurement ATTACHMENTS: Description o Resolution n Consent to Assignment & Assumption of Agreenrent Page 345 of757 256 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGMENT OF THE AGREEMENT BETWEEN THE C|TY AND UNtFy, lNC. (A$STGNOR), FOR MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS AT VARIOUS ctTY FAC|LITIES, TO ATOS tT SOLUTTONS & SERVICES, lNC. tASStGNEE), AS THE SUCCESSOR-lN-INTEREST BY ACQUISITION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION. WHEREAS, on July 13,2011, the Mayor and City Cornmission approved the award of a contract between the City of Miami Beach and Unify, lnc. (Unify), for Maintenance of the Telecommunications Systems at Various City Facilities; and WHEREAS' on August 3,2011, a certification of contract was executed and entered into by the City of Miami Beach and Unify, pursuant to the lnvitation to Bid (lTB) No. 28-1A111, ta provide Maintenance of the Telecommunications Systems at Various City Facilities (the "Agreement"); and WHEREAS, on or about January,2016, Atos lT Solutions & Services, Inc, (Atos), completed a transaction to acquire Unify, with Atos emerging as Unify's corporate parent entity, and WHEREAS, Unify and Atos seek the City's consent to assign the Agreement from Unify to Atos, as successor*in-interest by acquisition; and WHEREA$, pursuant to the Agreement, any assignment of the Agreement requires the written consent of the Mayor and City Commission; and WHEREAS, the Administration has conducted its due diligence and recommends that the Mayor and City Commission approve the Assignment and Assumption of the Agreement (the Assignment), and further authorize the Mayor and City Clerk to execute the Consent to Assignment and Assumption of the Agreement (the Consent), substantially in the form attached as Exhibit "l" hereto; and WHEREAS, pursuant to the Assignment, Atos will assume all of Unify's obligations and responsibilities under the Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the assignment of the Agreement between the City and Unify lnc. {Assignor), for Maintenance of the Telecommunications Systems at various City Facilities, to Atos lf Solutions & Services, lnc. (Assignee), as the successor-in-interest by acquisition; and further authorize the Mayor and City Clerk to execute the Consent to Assignment and Assumption of Agreement, substantially in the form attached to this Resolution. PASSED AND ADOPTED this 11th day of Januaw,2A17. ATTEST: APPROVEOAgTO rORM & LANGUAGE 8 FOR EXECUTTSN PhiripLevine,Mayor T^ t,) L, ""-fA-'us"- Page346 of 757 **6, Rafael E. Granado, Cily Clerk 257 ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT This Assignment and Assumption of Assignment (the Assignment) is entered into as of January 01,2017, by and among the CITY OF MIAM! BEACH (the City), a Florida municipal corporation, whose address is'1700 Convention Center Drive, Miami Beach, Florida 33',39 ("City"); Unify, lnc., a Florida corporation, whose principal address is 5500 Broken Sound Blvd, Boca Raton, FL. 33487 ("Unify" or "Assigno/'); and Atos lT Solutions & Services, lnc., a New York corporation, whose principal address is 2500 Westchester Avenue, Suite 300, Purchase, NY. 10577, authorized to do business in Florida ("Atos" or "Assignee"). WITNESSETH: WHEREAS, on July 1 3, 2011, the Mayor and City Commission approved the award of a contract between the City and Unify, lnc, pursuant to lnvitation to Bid (lTB) No. 28-10/11, to provlde Maintenance of the Telecommunications Systems at Various City Facilities; and WHEREAS, the City and Unify executed an agreement dated August 3, 2011 (the Agreement), which Agreement is incorporated herein by reference and attached as Exhibit "1"here to; WHEREAS, on or about January, 2016, Atos lT Solutions & Services, lnc, (Atos), completed a transaction to acquire Unify, with Atos emerging as Unify's corporate parent entity; and WHEREAS, Unify and Atos seek the City's consent to the assignment of the Agreement from Unify to Atos; and WHEREAS, pursuant to Section F of the Agreement, any assignment of the Agreement requires the written consent of the Mayor and City Commission; and WHEREAS, on January 11tn, 2017, the Mayor and City Commission adopted Resolution No. _, authorizing the Mayor and City Clerk to execute the Consent to Assignment and Assumption of Agreement set forth below, and approving the assignment to Atos of the obligations and responsibilities of Unify under the Agreement. NOW, THEREFORE, the City, Unify and Atos, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree as follows: 1, The above recitals are true and correct and are incorporated herein as part of this Assignment. 2. Unify hereby assigns and transfers to Atos all of its right, title, interest, and obligations in and to the Agreement by and between Unify and the City of Miami Beach (the City) dated January 1, 2017, for Maintenance of the Telecommunications Page347 of757 258 J. Systems & Services at Various City Facilities (the Agreement), which Agreement is incorporated herein by reference and attached as Exhibit t here to. Atos hereby accepts the assignment of the Agreement and further assumes and agrees to perform all of the duties and obligations of Unify under the Agreement, and further agrees to be liable and subject to all conditions and restitutions to which Unify is subject to under the agreement. Upon execution of this Assignment and Consent to Assignment and Assumption of Agreement, and for purposes of interpreting the Agreement, all references to Unify or Consultant, under the agreement, shall hereinafter be deemed to refer to Atos, Atos agrees to honor and maintain all required warranties and responsibilities for all projects previously completed by Unify, as well as any ongoing projects that Unify has with the City as of the effective date of this Consent to Assignment (January 1, 2017). Atos agrees to furnish to the City's Risk Manager, Certificates of lnsurance or endorsements evidencing the insurance coverage as specified in the Agreement. written notices given to the Consultant under the Agreement shall be addressed Atos lT Solutions & Services, lnc. 2500 Westchester Avenue, Suite 300 Purchase, NY. 10577 Attn: Legal Department Attn: Byron Nesbit Tel: 704-4Q8-3732 Email: 8. The Mayor and Commission of the Gity of Miami Beach, Florida hereby consents to the assignment of the Agreement from Unify, lnc. (Assignor), to Atos lT Solutions & Services, lnc. (Assignee). [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4. 5. 6. 7. Ail to: Page 348 of757 259 lN WITNESS WHEREOF, Atos executed by their appropriate officials, FOR CONSULTANT (ASS!GNOR}: ATTEST: By: Secretary Print Name Date: FOR NEW CONSULTANT (ASSIGNEE): ATTEST: FOR CITY: ATTEST: and Unify have caused this Assignment as of the date first entered above. UNIFY, INC. President Print Name ATOS IT SOLUTIONS & SERVICES INC. CITY OF MIAMI BEACH, FLORIDA Philip Levine, Mayor to be By: Secretary President Print Name Print Name Date: CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT City's acknowledgement and consent to the Assignment, pursuant to Section F of the Agreement, without warranties of any kind whatsoever being made incident to this Consent or the Assignment. By: APPROVEDASTO FORM & ITNGUAGE & FOB E)GC[rfloN M''jgt CltYAtom€U RA{ Date Date: Rafael Granado, City Clerk Page 349 of757 260 EXHIBIT 1 AGREEMENT Page 350 of757 261 262 Resolutions - C7 J COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAAAI BEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT, DATED OCTOBER 10, 2014, BETWEEN THE CITY OF MIAMI BEACH AND TYLER TECHNOLOGIES, INC., FOR REPLACING THE CITY'S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND THE CITYS PERMITTING SYSTEM, TO AMEND THE PROVISIONS REGARDING PROJECT MANAGEMENT SERVICES. RECOMMENDATION Approve the resolution. ANALYSIS On Octobet 10,2014, the City Commission approved and authorized the City to execute an Agreement with Tyler Technologies, lnc., to replace the City's cunent enterprise resource planning ("ERP") system, known as Eden, and Permits Plus, the City's permitting and licensing system (the "Agreemenf'). The replacement of these systems is a key part of the Administration's goal of re-engineering core business process to maximize efficiencies and seryice to constituents, as wellas improve internal controls. On September 2,2015, the City Commission approved Amendment No. 1 to the Agreement with Tyler Technologies, lnc., to modify the ERP System 'Go-Live' Dates as follows: a. Phase 1 * Financials:changed from October 1,2015 toApril 1,2016. b. Phase 2 * EnerGov: changed from December 1,2015 to April 1,2016. c. Phase 3 * HR/Payroll: changed from July 1 ,2016 to January 1,2017 . d. Phase 4 - Utility Billing and Revenue: changed from July I ,2017 to January 1 ,2018 On October 14,2015, the City Commission approved Amendment No. 2 to the Agreement, to amend provisions regarding project management services, software licenses for mobile devices, and the allowable hours for the development of custom reports. On February 10, 2016, the City Commission approved Amendment No. 3 to the Agreement, to amend provisions regarding reporting tools, end user training, and professional services to support the UserAcceptance Testing phase. On April 13,2016, the City Commission approved Amendment No. 4 to the Agreement, to Page 351 o1757 263 amend provisions regarding go-live dates, custom reports hours, and professional services to support the "Go-Live" activities due to the change of "Go-Live" dates as follows: a. Phase 1 - Financials: changed fromApril 1 ,2016 to May 2,2016. b. Phase 2 - EnerGov: changed from April 1,2016 to May 2,2016. c. Phase 3 - HR/Payroll: changed from January 1,2017 toApril 3,2017 To facilitate the transition to the new ERP system, the City Manager's ERP Steering Committee meets regularly to receive status updates on the implementation process, mitigate any project risks, and consider any amendments or changes that may be requested by proyect stakeholders. The latter is critical in maintaining the goal of minimizing system customizations that may increase costs, delay project completion, and create issues for future system updates. At its May 19, 2016 meeting, the Steering Committee made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies as follorars, in order to reallocate unused data conversion funds: 1. The following unused conversions, totaling $11,250, are hereby removed from the Agreement: a. Fixed Assets Option 1 - History at a contract price of $1,750; b. General Billing Option 1 - Recurring lnvoices, at a contract price of $2,500; c. lnventory Option 1 - Commodity Codes, at a contract price of $1,500; d. Project GrantAccounting Option.1 -Actuals, at a contract price of $1,750; e. Project GrantAccounting Option 2 - Budgets, at a contract price of $1,750; and f. Pro.lect GrantAccounting Standard, at a contract price of $2,000. 2. Eight and a half (8.5) lmplementation days, totaling $10,838 (at a rate of $1 ,275 per day), are hereby added to the Agreement as set forth in the lnvestment Summary attached hereto as Exhibit 1. CONCLUSION The City Manager, after considering the recommendations of the ERP Steering Committee, recommends that the Mayor and City Commission approve the Resolution and Amendment No. 6 to the Agreement, to amend the project management services. This amendment has no impact on the City's total funding for the project, since no additional dollars are being added, and the adjustment came from the contingency built into the contract. KEY INTENDED OUTCOMES SUPPORTED Streamline The Delivery Of Services Through All Departnents Legislative Tracking I nformatio n Technology AfiACHMENTS: Description Page 352 of757 264 D D Itesaluiiuri An:mnrirmnt l',k: Page 353 of757 265 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT, DATED OCTOBER 10,2014, BETWEEN THE CITY OF MIAM1 BEACH AND TYLER TECHNOLOGIES, INC., FOR REPLAGING THE CITY'S ENTERPRISE RESOURGE PLANNING (ERP) SYSTEM AND THE CITY'S PERM]TTING SYSTEM, TO AMEND THE PROVISIONS REGARDING PROJECT MANAGEMENT SERVICES. WHEREAS, on October 10, 2014, the Mayor and City Commission approved an agreernent with Tyler Technologies, lnc., to replace the City's current enterprise resource planning ('ERP') system, known as Eden, and the City's current permitting system, known as Permits Plus (the "Agreement"); and WHEREAS, the replacement of these systems is a key component of Administration's goal of re-engineering core business processes to maximize efficiencies service to constituents, as well as to improve internal controls; and WHEREAS, the City Manager has appointed an ERP Steering Committee (the "Steering Committee") to receive status updates on the implernentation process, mitigate any project risks, and evaluate any arnendments or changes that may be requested by project stakeholders; and WHEREAS, on September 2,2015, the Mayor and City Commission adopted Resolution No.2015-29110, which approved and authorized the City to execute Amendment No. 1 to the Agreement, to rnodify the "go-live" dates set forth in the Agreement; and WHEREAS, on October 14,2015, the Mayor and City Commission adopted Resolution No. 2015-29159, which approved and authorized the City to execute Amendment No. 2 to the Agreement, to amend the provisions regarding mobile software licenses, project management services, and the allowable hours for custom reports; and WHEREAS, on February 10, 2016, the Mayor and City Commission adopted Resolution No. 2016-29283, which approved and authorized the City to execute Amendment No. 3 to the Agreement, to amend the provisions regarding reporting tools, end user training, and professional services to support the User Acceptance Testing phase; and WHEREAS, on April 13,2016, the Mayor and City Commission adopted Resolution No. 2016-29344, which approved and authorized the City to execute Amendment No. 4 to the Agreement, to modify the "go-live" dates set forth in the Agreement, and the provisions regarding professional services, and maximum number of hours for custom report development services; and WHEREAS, on October 19,2016, the Mayor and City Commission adopted Resolution No. 2016-29593, which approved and authorized the City to execute Amendment No. 5 to reallocate unused data conversion funds in the project budget; and ihe and Page 354 of757 266 WHEREAS, the Steering Committee, at its meeting on December 15, 20'16, determined that the quantity of project management services to be provided by Tyler, as set forth in the Agreement, for the implementation is insufficient to complete Phase 3 of the project (the Munis HR/Payroll implementation). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 6 to the Agreement, dated October 10,2014, between the City of Miami Beach and Tyler Technologies, lnc., for replacing the City's Enterprise Resource Planning (ERP) system and the City's permitting system, to amend the provisions regarding project management services. PASSED and ADOPTED this day of January, 2017. Philip Levine MayorATTESTED BY: Rafael E. Granado City Clerk T:\AGENDA90 1 7\1 - JanuaryVnformation Technology APPROVED AS TO FORM & LANGUAGE City Atlorney NY_ Page 355 of757 267 AMENDMENT NO. 6 TO THE AGREEMENT, DATED OCTOBER 10,2014, BETWEEN THE CITY OF MIAMI BEACH, FI-ORIDA AND TYLER TECHNOLOGIES, INC. FOR THE IMPLEMENTATION OF THE MUNIS AND ENERGOV SYSTEMS This Amendment No. 6 ("Amendment") to the Agreement (defined below) is entered into this _ day of 2017 ('E'ffective Date"), by and between the City of Miarni Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miarni Beach, Florida 33139 ('Cnf'), and TylerTechnologies, lnc., a Delaware corporation having its principal place of business at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler''). This Amendment hereby amends the Agreement as follows: RECITALS WHEREAS, on October 10, 2014, the Mayor and City Commission approved an agreement with Tyler Technologies, lnc., to replace the City's current enterprise resource planning ('ERP') system, known as Eden, with the Munis system, and to replace the City's current permitting system, known as Permits Plus, with the EnerGov system (the "Agreement"); and WHEREAS, the City has determined that the replacement of these systems is a key component of the Administration's goal of re-engineering core business process to maximize efficiencies and service to constituents, as well as improve internal controls; and WHEREAS, the City Manager has appointed an ERP Steering Committee (the "steering Committee") to receive status updates on the implementation process, mitigate any project risks, and evaluate any amendments or changes that rnay be requested by project stakeholders; and WHEREAS, on September 2, 2015, the Mayor and City Comrnission adopted Resolution No. 2015-29110, which approved and authorized the City to execute Amendment No. 1 to the Agreement, to modify the "go-live" dates set forth in the Agreement; and WHEREAS, on October 14,2015, the Mayor and City Commission adopted Resolution No. 2015-29159, which approved and authorized the City to execute Amendment No. 2 to the Agreement, to amend the provisions regarding mobile software licenses, project management services, and the allowable hours for custom reports; and WHEREAS, on February 10, 2016, the Mayor and City Commission adopted Resolution No. 2016-29283, which approved and authorized the City to execute Amendment No. 3 to the Agreement, to amend the provisions regarding reporting tools, end user training, and professional services to support the User Acceptance Testing phase; and WHEREAS, on April 13,2016, the Mayor and City Commission adopted Resolution No. 2016-29344, which approved and authorized the City to execute Amendment No. 4 to the Agreement, to modify the "go-live" dates set forth in the Agreement, and the provisions regarding professional services, and maximum number of hours for custom report development services; and Page 356 of757 268 WHEREAS, on Octobet 19,2016, the Mayor and City Commission adopted Resolurtion No. 20'16-29593, which approved and authorized the City to execute Amendment No. 5 to the Agreement, to reallocate unused data conversion funds in the project budget and scope towards Munis implementation funds; and WHEREAS, on December 15, 2016, the Steering Committee determined that the quantity of project management services (for project implementation) to be provided by Tyler, as set forth in the Agreement, is insufficient to complete Phase 3 of the project (the Munis HR/Payroll implementation); and WHEREAS, the City deems it necessary to amend the Agreement to increase the quantity of project management services. 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 Tyler hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. To the knowledge of each party hereto, the above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement, as modified by Amendment Nos. 1, 2, 3, 4 and 5 is further modified as follows: a. Project Management Exhibit 41 to the Agreement; entitled "Munis lnvestment Summary," is hereby arnended as follows. The line item for "Dedicated FullTime Project Manager (Monthly)," with 24 units, at a Unit Price of $20,750.00, at an Extended Price of $498,000.00, is hereby amended to provide for 27 units, at an Extended Price of $560,250.00. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. ln the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. Page 357 of757 269 lN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR THE GITY OF MIAMI BEACH, FLORIDA: ATTEST: By: Rafael E. Granado City Clerk Date FOR TYLER TECHNOLOGIES. INC.: ATTEST: Print Name/Title Date Philip Levine Mayor Date By: Print Name/Title Date APPROVED AS TO FORM & LANGUAGE (L'36 -(b Dote IJtr City AtlorneY Page 358 of757 270 Resolutions - C7 K COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH FOR THE COLLABORATIVE PREPARATION OF THE ASSESSMENT OF FAIR HOUSING (AFH), WHICH ASSESSMENT IS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING EXECUTION OF THE MOU BY THE CITY MANAGER AND THE CITY CLERK; AND FURTHER AUTHORIZING THE CITY ADMINISTRATION TO SUBMIT THE MOU TO HUD FOR ITS REVIEW. RECOMMENDATION The Administration recomnends approval of the Resolution. ANALYSIS The City of Miami Beach is a U.S. Department of Housing and Urban Development (HUD)- designated entitlement community, as determined by the decennial census information on population groMh, age of housing stock, and poverty. The City has been a CDBG entitlement community since 1975. The HOME Program was started in 1992 to proMde funding specifically for affordable housing. HUD allocates these funds to strengthen public/private partnerships and expand the supply of affordable housing that is decent, safe and sanitary. As an entitlement community, the City qualifies for annual allocations under HUD's grant programs. HUD requires each entitlement community to submit an annual One-YearAction Plan describing how it will utilize funding and resources to address priority needs identified in the City's Five-Year Consolidated Plan. The City's cunent One-Year Action Plan follows the strategies included in its 2013-2017 Five-Year Consolidated Plan. CDBG funds have been primarily used to provide vital public services, housing activities, and improvements to public facilities while HOME funds have been primarily used foraffordable rental housing activities. Affirmatively Furthering Fair Housing (AFFH) has been a law since 1968; however, meaningful regulations providing program participants with guidance on how to comply have not existed. CDBG recipients and HOME recipients have had to pledge that they will affirmatively further fair housing. That meant completing an Analysis of lmpediments (Al) to fair housing choice, taking some actions to overcome the effects of those impediments, and keeping records of those actions. lt was widely recognized that HUD's existing method of implementing AFFH was not Page 359 of757 271 effective. Therefore, HUD published a Final Rule regarding AFFH which includes the replacement of the Al wrth a required Assessment of Fair Housing (AFH), and provided a new definition of AFFH..."Affirmatively Furthering Fair Housing means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics." The fair housing goals and priorities that are set in the AFH must be incorporated into the Consolidated Plan (or the PHA Plan that is required from the Housing Authority). Both the City and the Housing Authority must complete and submit an AFH, and HUD encourages jurisdictions to collaborate to submit a jointAFH or regional AFH. Public participation is required and the AFH must include a summary to document the public participation process and the efforts to broaden participation in the development of the AFH. Since the Housing Authority will need to engage the same agencies, organizations, citizens, business persons, and housing professionals to assess the same geographic jurisdiction as the City, an agreement to collaborate jointly to create the AFH will benefit both parties by combining resources and avoiding duplication of efforts. CONCLUSION The Administration recommends the approval of the Memorandum of Understanding (MOU) between the City of Miami Beach and the Housing Authority of the City of Miami Beach for a joint completion of the Assessment of Fair Housing (AFH). KEY INTENDED OUTCOMES SUPPORTED Ensure Workforce Housing For Key lndustry Workers ls Available ln Suitable Locations FINANGIAL INFORMATION I\YA Legislative Tracking Housing and Community Services ATTACHMENTS: Description o Resolution o Agreenent Page 360 ot757 272 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDTNG (MOU) BETWEEN THE HOUSING AUTHORTTY OF THE CIry OF MIAMI BEACH AND THE CITY OF MIAMI BEACH FOR THE COLLABORATIVE PREPARATION OF THE ASSESSMENT OF FAIR HOUSTNG (AFH), WHICH ASSESSMENT tS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING EXECUTION OF THE MOU, ATTACHED HERETO AS EXHIBIT A, BY THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE CITY ADMINISTRATION TO SUBMIT THE MOU TO HUD FOR ITS REVIEW. WHEREAS, CMB is a Consolidated Plan entitlement grantee of funding authorized by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HACMB is a public housing agency created by Section 421.04, Florida Statutes, and a grantee of funding authorized by the U.S. Department of Housing and Urban Development (HUD), and WHEREAS, HUD requires that jurisdictions that receive funding must take actions to affirmatively further fair housing including, but not limited to, identifying and taking action to address factors of housing discrimination; and WHEREAS, on July 16,2015, HUD published the Final Rule for Affirmatively Furthering Fair Housing, which created a standardized process for fair housing planning, called the Assessment of Fair Housing (AFH), replacing the previously required Analysis of lmpediments (Al); and WHEREAS, preparation of the AFH requires identification of the factors influencing segregation, concentration of poverty, and disparate access to housing and community assets, as well as development of priorities and goals related to fair housing and mitigation of the aforementioned determinants; and WHEREAS,Ihe 2015 HUD Rule encourages jurisdictions and public housing agencies to work together and collaborate regionally while enabling collaborators to select a lead entity and submit the AFH according to that entity's schedule; and WHEREAS, the undersigned Parties believe collaboration on a jurisdiction-wide AFH will result in efficiencies for each participant and a more effective analysis'overall; and WHEREAS, the 2015 HUD Rule also directs HUD program participants who intend to complete a collaborative AFH, to notify HUD of such intention and provide HUD with a copy of the written agreement; and WHEREAS, the Parties will mutually benefit from the joint effort to complete the AFH. Page 361 of757 273 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a Memorandum of Understanding (MOU) between the Housing Authority of the City of Miami Beach and the City of Miami Beach, for the collaborative preparation of the Assessment of Fair Housing (AFH), which assessment is required by the U S. Department of Housing and Urban Development (HUD); authorizing execution of the MOU, attached hereto as Exhibit A, by the City Manager and the City Clerk; authorizing the City Administration to submit the MOU to HUD for its review. PASSED AND ADOPTED this day of 2017 PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION tz/t ulrb - Dole Page 362 of757 274 EXHIBIT A MEMORANDUM OF UNDERSTANDING (Mou) This Memorandum of Understanding (MOU) is made and entered into as of this _ day of , 2017, between the Housing Authority of the City of Miami Beach (HACMB), a public body corporate and politic, and the City of Miami Beach (CMB), a public body corporate and politic, and referred to collectively as the "Parties", to conduct an Assessment of Fair Housing, RECITALS WHEREAS, CMB is a Consolidated Plan entitlement grantee of funding authorized by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HACMB is a public housing agency created by Section 42L.04, Florida Statutes, and a grantee of funding authorized by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, H UD requires that jurisdictions tlfat receive funding must take actions to affirmatively further fair housing including, but not limited to, identifying and taking action to address factors of housing discrimination; and WHEREAS, on July 1,6, 2015, HUD published the Final Rule for Affirmatively Furthering Fair Housing, which created a standardized process for fair housing planning, called the Assessment of Fair Housing (AFH), replacing the previously required Analysis of lmpediments (Al); and WHEREAS, preparation of the AFH requires identification of the factors influencing segregation, concentration of poverty, and disparate access to housing and community assets, as well as development of priorities and goals related to fair housing and mitigation of the aforementioned determinants; and WHEREAS, the 2015 HUD Rule encourages jurisdictions and public housing agencies to work and collaborate regionally while enabling collaborators to select a lead entity and submit according to that entity's schedule; and WHEREAS, the undersigned Parties believe collaboration on a jurisdiction-wide AFH will efficiencies for each participant and a more effective analysis overall; and together the AFH result in WHEREAS, the 2015 HUD Rule also directs HUD program participants who intend to complete a collaborative AFH, to notify HUD of such intention and provide HUD with a copy of the written agreement; and WHEREAS, the Parties will mutually benefit from the joint effort to complete the AFH; and WHEREAS, the Parties desire to enter into this MOU, based on the terms and conditions set forth herein. Page 363 of757 275 NOW, THEREFORE, in consideration of the mutual promises made by the Parties contained herein, the Parties agree as follows: The Parties designate CMB as the lead entity for the preparation of the AFH. While both parties are accountable for the analysis and will sign the AFH submitted to HUD, CMB will oversee the submission of the AFH. Since CMB's Consolidated Plan cycle will be October 1,2018 - September 30, 2023, the AFH will be due to HUD in January 2018. The Parties agree that individual entity costs incurred for the preparation of the AFH will be paid by the entity incurring the cost. Should consulting services be required to develop portions of the AFH that are the shared responsibility of both Parties, the selection of the consultant shall be made through mutual agreement of the Parties and the costs of such services shallbe shared equally. Each Pafi represents that it shall observe and comply with all applicable Federal, State, and local laws, regulations, and ordinances related to the perforrnance under this MOU. This MOU shall be deemed to have been executed and to be performed within the State of Florida and shall be construed and governed by the laws of the State of Florida. Any legal proceedings arising out of, or relating to this MOU, shall be brought in Miami-Dade County, Florida. This MOU may not be assigned without the priorwritten approvalof the parties hereto, No party assumes liability for the acts or omissions of the other party or its agents. Nothing in this MOU shall be construed to extend the immunities of one party and its agents to the other party or its agents. All parties shall retain all immunities, defenses, rights and remedies available at law and in equity. HACMB shall defend, indemnify, and hold harmless CMB, as the Lead Agency, and its Board, officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of the MOU, caused in whole or in part by the negligent or intentional acts or omissions of HACMB and its respective Councils, officers, directors, agents, employees, or volunteers. CMB shall defend, indemnify, and hold harmless HACMB and its respective Board, officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of the MOU, caused in whole or in part by the negligent or intentional acts or omissions of CMB and its Board, officers, directors, agents, employees, or volunteers. Each Party, at its sole cost and expense, shall carry insurance, or self-insure, that covers its activities in connection with this MOU, and obtain, keep in force, and maintain insurance orequivalent programs of self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder, Each Party agrees to provide the other Party with thirty (30) calendar days' advance written notice of any cancellation, termination, or lapse of any of the insurance or self-insurance coverage. This Agreement shall be effective upon the signature of the last party to this Agreement and shall continue untilall services provided for in this MOU have been performed. Page 364 of757 276 Any notice, dernand, request, consent, or approvalthat any Party hereto may be, or is, required to give any other Party pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows: To City of Miami Beach: With Copyto: Jimmy L, Morales Office of the City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Maria L. Ruiz, Director Office of Housing and Community Services City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 To Housing Authority of the City of Miami Beach: Miguell Del Campillo, Executive Direc.tor' Housing Authority of the City of Miami Beach 200 Alton Road Miami Beach, FL 33139 This MOU sets forth the entire agreement between the parties relative to the subject matter hereof, No representation, promise or condition, whether oral or written, not incorporated herein shall be binding upon any party to this MOU. No waiver, modification or amendment of the terms of this MOU shall be effective unless made in writing and signed by an authorized representative(s) of the party sought to be bound thereby. This MOU shall bind the successors of each Party in the same manner as if they were expressly named. ln the event of any dispute arising out of or relating to the MOU, the Parties shall attempt, in good faith, to promptly resolve the dispute mutually between them, lf the dispute cannot be resolved by mutual agreement, nothing herein shall preclude either Party's rights to pursue remedy or relief by civil litigation, pursuant to the laws of the State of Florida, CMB and HACMB will amend this MOU, as needed, in order to identify specific resounces that will be devoted to the completion of the AFH, or to further clarify the steps to be taken by each party to this MOU, to participate in and complete the AFH, The Parties further authorize the CMB City Manager and the HACMB Executive Director to execute any amendments to this MOU. (STGNATURE PAGE FOLLOWS) Page 365 of757 277 lN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be duly executed as of the day and year first written above. Witness:City of Miami Beach Rafael Granado, City Clerk Jimmy L. Morales, City Manager Witness:Housing Authority of the City of Miami Beach Signature Miguell Del Campillo, Executive Director Print APPROVED AS TO FORM & LANGUAGE &J$F*lt (L-\L'ftry Page 366 o1757 278 Resolutions - C7 L GOMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE CITYS AGREEMENTS WITH THE SALVATION ARMY AND CAMILLUS HOUSE, INC. FOR THE PROVISION OF EMERGENCY SHELTER BEDS, EXTENDING THE EXPIRATION DATE FOR BOTH AGREEMENTS FROM APRIL 30,2017 TO SEPTEMBER 30, 2017 IN ORDER TO ENSURE THE CURRENT LEVEL OF SERVICE THROUGH THE END OF THIS FISCAL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH THE SALVATION ARMY REQUIRING FIVE (5) ADDTTTONAL SHELTER BEDS SERVI NG WOMEN AND FAMILI ES. RECOMMENDATION Adopt the Resolution. ANALYSIS The City contracts a variety of providers for the provision of enrrgency shelter services for horneless rnen, woffen and families with children. The City contracted its existing providers after issuing a Request For Proposals (RFP) in July 2013 and negotiating contracts with the three (3) responding parties as authorized by the City Commission at its February 12,2014 rrreeting. The City contracted with the following providers as a result of the RFP:. The Salvation Army (providing services for men, wornen and families with children). Camillus House (providing services to nren). Sundari Foundation/ Lotus House (providing services to wornen and wornen with fenale children or nale children to age 7) The contracts provided for the following performance epectations from the shelter providers:. Acceptance of the initial Care Plan submitted by the City at the tinre of client's placenent in shelter; o Provision of weekly progress notes for clients placed in shelter; o Ensuring that Care PIan tirnelines are met; and o Notifying the City promptly if a client fails to nreet the ternrs of hisiher Care PIan. Al the tine of the RFP issuance, the City was reorganilng honeless services and its overseeing departnent. The contracts resulting from the RFP were executed as soon as possible so as to Page 367 of757 279 ensure that shelter services were available as needed. However, the contract start dates began in May 2014 and were, therefore, out of synch with the City's fiscal year. Miami Rescue Mission is also a shelter provider for the City. However, its contract runs with the fiscal year and ends on September 30,2017. For those contracts e4ciring on April 30,2017, the Administration is requesting an extension of term to September 30, 2017. This extension of term will allow the City to align the new errergency shelter contracts with the City's fiscal year. By doing so, the Administration can align all of its shelter contracts to the fiscal year and ensure accurate budget projections for all energency shelter costs going fonruard. Currently, only the City's contract with Miami Rescue Mission is aligned with the fiscal year. The Administration has asked The Salvation Army, Camillus House, and Sundari Foundation/Lotus House to extend the term of their current contracts. Camillus House and The Salvation Army agreed to this extension. Sundari Foundation/Lotus House has declined. The City is issuing an RFP for shelter services for the FY2016/17 budget year. Staff will work with local area shelters to encourage the widest submission of proposals possible to ensure that the City is prepared to offer suitable emergency shelter seruices to its honeless clients. CONCLUSION The Administration recomrnends adoption of the Resolution extending the contract term with willing ernergency shelter providers and subsequently enabling the alignnrent of new contracts with the 2017118 fiscal year as epected through the issuance of this year's RFP. KEY INTENDED OUTCOMES SUPPORTED Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Hi storic Assets, ln Select Nei gh borhoods And Redevelopnent Areas FINANCIAL INFORMATION These costs were included in the FY 2016117 approved budget. Amount 1 $ 161 ,9e/.27 Account 1 011-0560-000349 Total $ 161,964.27 Legislative Tracking Housing and Community Services ATTACHMENTS: Description o Resolution Page 368 of757 280 RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE GITY'S AGREEMENTS WITH THE SALVATION ARMY AND CAMILLUS HOUSE, INC. FORTHE PROVISION OF EMERGENCY SHELTER BEDS, EXTENDING THE EXPIRATION DATE FOR BOTH AGREEMENTS FROM APRIL 30, 2017 TO SEPTEMBER 30,2O17IN ORDER TO ENSURE THE CURRENT LEVEL OF SERVICE THROUGH THE END OF THIS FISCAL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH THE SALVATION ARMY, REQUIRING FIVE (5) ADDITIONAL SHELTER BEDS SERVING WOMEN AND FAMILIES. WHEREAS, homelessness is a national problem whose impact is felt locally, as the City has a significant number of homeless persons; and wHEREAS, the City employs a variety of strategies to address homelessness including the provision of emergency shelter for men, women and families with children; and WHEREAS, the City issued a Request For Proposals from emergency shelter providers in 2013 that resulted in the City contracting with a variety of emergency shelter providers including The Salvation Army, Sundari Foundation/ Lotus House and Camillus House; and WHEREAS, the City's current contracts with these providers will expire on April 1,2017; and WHEREAS, the City will be issuing a Request For Proposals for emergency shelter providers in January 2017; and WHEREAS, the City would like to align the terms of its contract with shelter providers with the fiscal year to enable more accurate fiscal projections and ensure the current level of service; and WHEREAS, the City also contracts witn Miami Rescue tvtission, an emergen.f .n.n.. provider fol men, whose contract aligns with the fiscal year and whose term ends September 30,2017; and WHEREAS, the City has asked The Salvation Army, Sundari Foundation/ Lotus House and Camillus House, lnc, if they would be amenable to extending their agreements to September 30, 2017 to facilitate the alignment of all provider agreements for this fiscal year; and WHEREAS, The Salvation Army and Camillus House, lnc. have agreed to the extension of term and Sundari Foundation/ Lotus Hsuse has declined; and WHEREAS, The Salvation Army has further agreed to provide five (S) additional shelter beds for women and families, in order to cover the gap in service which is currenily being provided by Sundari Foundation/ Lotus House. Page 369 of757 281 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to amend the City's agreements with The Salvation Army and Camillus House, lnc. for the provision of emergency shelter beds, by extending the expiration date for both agreements from April 30,2O1Z to September 30, 2O1T in order to ensure the current level of service through the end of this fiscal year; and further authorize the City Manager to amend the agreement with The Salvation Army requiring five (5) additional shelter beds serving women and families. PASSED AND ADOPTED this day of 2017. ATTEST: CITY CLERK MAYOR '6['-X3Yi'-31'lB'A TON EXECUTION -hht Dote Page 370 of757 282 Resolutions - G7 M COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMI BTACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANYAND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND FUNDING AGREEMENTS: 1)THE MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (FY)2016i17 FUNDING lN THE APPROXTMATE AMOUNT OF $25,000 FOR IDENTIFICATION ASSISTANCE THROUGH THE CITYS HOMELESS OUTREACH PROGRAM AND 2) THE MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (FY) 2016/17 tN THE AppROXtMATE AMOUNT OF $25,000 FOR THE CITYS HOTEL/MOTEL PLACEMENT AND THE HOTEL/MOTEL TNFORMATTON SYSTEM (HM|S) STAFFTNG PROGRAM. RECOMMENDATION Mopt the Resolution. ANALYSIS 1 Approval to submit a grant application to Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016/17 funding in the approximate amount of $25,000 for ldentification Assistance through the CiW's Homeless Outreach Program The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to, among other things, oversee the use of the Food and Beverage Tax and other funds and to establish and implement policies based on the Miami-Dade County Community Homeless PIan. The Plan is a comprehensive continuum of care system to serve homeless petsons in Miami-Dade County. The Homeless Trust also has ldentification Assistance funding available to provide assistance in obtaining identification and other personal documents on behalf of homeless individuals and families in Miami-Dade County. The funds will be used to cover the cost of administering this program, and related costs or fees associated with obtaining or replacing documents utilized to establish identification, such as Florida identification cards, birth certificates, marriage certificates, school records, lawful permanent resident cards, naturalization certificates and Florida driver's licenses. Vital personal identification documents and official photo identification are necessary for obtaining Page371 of757 283 employment and housing. Providing this service will help homeless individuals to become self- sufficient, and the ldentification Assistance service is part of the City's current Homeless Outreach Program. The grant will provide funding in the amount of $25,000. The grant does not require matching funds. 2 Approval to submit a grant application to Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016/17 in the approximate amount of $25.000 for the City's hotel/motel placement and HMIS staffing program. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to, among other things, oversee the use of the Food and Beverage Tax and other funds and in this regard to establish and implement policies based on the Miami-Dade County Community Homeless Plan (The Plan). The Plan is a comprehensive continuum of care system to serve homeless persons in Miami-Dade County. Funds are available for shoftterm hotel placement for homeless families and individuals who cannot be placed in emergency shelter due to capacity issues. This program also provides funding for food vouchers for families w'l"rile residing in placements, if food arrangements or other resources are unavailable. Additionally, the grant will partially cover the cost of salaries for staff to enter required information into the County-required Hotel Motel lnformation System (HMIS) system. The grant will provide funding in the amount of $25,000 and matching funds are not required. CONCLUSION Based on the aforestated analysis, the Administration recommends that the Mayor and City Commission adopt the Resolution to apply for, accept and appropriate funds for the abovementioned grants and funding agreements. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term FINANCIAL INFORMATION t\YA Amount 1 Miami-Dade Account 1 Matching funds are not required County Honreless Trust ldentification Assistance Program - $25,000 Amount 2 Miami-Dade Account 2 Matching funds are not required County Horneless Trust Hotel/Motel Placernent and HMIS Staffing Program - Page 372 of 757 284 $23,000 Legislative Tracking Budget and Performance I mprovement ATTACHMENTS: Description o Resoluticn Page 373 of757 285 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE clTy MANAGER, OR HIS DESIGNEE, TO AppLy FOR, ACCEPT, AND AppRopRlATE FUNDTNG (|NCLUD|NG MATCHTNG FUNDS AND ANy RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND FUNDING AGREEMENTS: 1) THE MIAMI. DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (Fyl 2016t17 FUNDING IN THE APPROXIMATE AMOUNT OF $25,OOO FOR IDENTIFICATION ASSISTANCE THROUGH THE CITY'S HOMELESS oUTREACH PROGRAM AND 2) THE MIAM|-DADE cOUNTy HOMELESS TRUST FOR FTSCAL YEAR (Fy) 2016t17 tN THE APPROX|MATE AMOUNT OF $25,OOO FOR THE GITY'S HOTEL/MOTEL PLACEMENT AND THE HOTEL/MOTEL TNFORMATTON SYSTEM (HM|S) STAFFTNG PROGRAM. WHEREAS, the City Administration requests approval to submit a grant application to the Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016117 funding in the approximate amount of $25,000 for ldentification Assistance through the City's Homeless Outreach Program, the details of which are as follows: " The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to (among other things) oversee the use of the Food and Beverage Tax and other funds and to establish and implement policies based on the Miami-Dade County Community Homeless Plan (the plan); . The Plan is a comprehensive continuum of care system to serve homeless persons in Miami-Dade County; . The Homeless Trust also has ldentification Assistance funding available to provide assistance in obtaining identification and other personal documents on behalf of homeless individuals and families in Miami-Dade County; . The funds will be used to cover the cost of administering this program, and related costs or fees associated with obtaining or replacing documents utilized to establish identification, such as Florida identification cards, birth certificates, marriage certificates, school records, lawful permanent resident cards, naturalization certificates, and Florida driver's licenses; . Vital personal identification documents and official photo identification are necessary for obtaining employment and housing; . Providing this service will help homeless individuals to become self-sufficient, andthe ldentification Assistance service is part of the City's current Homeless Outreach Program and the grant will provide funding in the amount of 925,000; Page 374 ol 757 286 . The grant does not require matching funds; and WHEREAS, the City Administration requests approval to submit a grant application to the Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016117 in the approximate amount of $25,000 for the City's Hotel/Motel Placement and HMIS Staffing Program, the details of which are as follows. o The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to (among other things) oversee the use of the Food and Beverage Tax and other funds and in this regard to establish and implement policies based on the Miami-Dade County Community Homeless plan; o The Plan is a comprehensive continuum of care system to serve homeless persons in Miami-Dade County; . Funds are available for short-term hotel placement for homeless families and individuals who cannot be placed in emergency shelter due to capacity issues; . This program also provides funding for food vouchers for families while residing in placements, if food arrangements or other resources are unavailable; r Additionally, the grant will partially Gover the cost of salaries for staff to enter required information into the County-required Hotel Motel lnformation System (HMIS) system; . The grant will provide funding in the amount of $25,000 and matching funds are not required. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager, or his designee, to apply for, accept, and appropriate funding (including matching funds and any related City expenses), and execute any and all documents or agreements in connection with the following grants and funding agreements: 1) the Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016t17 funding in the approximate amount of $25,000 for ldentification Assistance thiough the City's Homeless Outreach Program and 2) the Miami-Dade County Homeless Trust for Fiscal Year (FY) 2016117 in the approximate amount of $25,000 for: the City's Hotel/Motet Placement and HMIS Staffing Program. PASSED and ADOPTED this day of 2016. Philip Levine, Mayor ATTEST: APPROVED AS TO FORM & LANGUAGE T7 & F^OR EXECUTION'.4 lV'\-"' r(.2L.(lo %-Ei-e- Rafael E. Granado, City Clerk Page 375 o1757 287 288 Resolutions - C7 N COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, City Attorney January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE AND COMPLETE THE CONSTRUCTION OF PHASE I OF THE BISCAYNE BAY COASTAL WETLANDS (BBCW) PROJECT; URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MAMGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE THE PLANNING OF PHASE II OF THE BBCW PROJECT SO THAT SUCH PLANNING OCCURS AS SOON AS POSSIBLE AND PRIOR TO THE CURRENT SCHEDULED START DATE OF 2021; DIRECTING THE CITY OF MIAMI BEACH'S STATE AND FEDERAL LOBBYISTS TO ADVOCATE FOR ADMINISTRATIVE ACTION THAT WOULD ACCOMPLISH THE GOALS SET FORTH lN THIS RESOLUTION; DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN ITS LEGISLATIVE PRIORITIES FOR THE 2017 STATE AND FEDERAL LEGISLATIVE SESSIONS AND FUTURE LEGISLATIVE SESSIONS; AND, FURTHER, DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE ASSISTANT SECRETARY OF THE ARIVIY FOR CIVIL WORKS, THE SECRETARY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE GOVERNING BOARD AND EXECUTIVE DIRECTOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRI CT. RECOMMENDATION Pursuant to the request of Commissioner submitted for consideration by the Mayor and Meeting. John Elizabeth Alenen, the attached Resolution is City Commission at the January 11,2017 Commission Legislative Tracking Page 376 of757 289 Office of the CityAttorney Sponsor Commissioner J ohn Elizabeth Aleman ATTACHMENTS: Description o Biscayne Bay CoastalWctlands Project Resolution Page377 of757 290 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAM] BEACH, FLORIDA, URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENV]RONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE AND COMPLETE THE CONSTRUCTION OF PHASE I OF THE BISCAYNE BAY COASTAL WETLANDS (BBcw) PROJECT; URGING THE U.S. ARMY CORPSOF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WA,TER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE THE PLANNING OF PHASE II OF THE BBCW PROJECT SO THAT SUCH PLANNING OCCURS AS SOON AS POSSIBLE AND PRIOR TO THE CURRENT SCHEDULED START DATE OF 2021; DIRECTING THE CIry OF MIAMI BEACH'S STATE AND FEDERAL LOBBYISTS TO ADVOCATE FOR ADMINISTRATIVE ACTION THAT WOULD ACCOMPLISH THE GOALS SET FORTH lN THIS RESOLUTION; DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN lTS LEGISLATIVE PRIORITIES FOR THE 2017 STATE AND FEDERAL LEGISLATIVE SESSIONS AND FUTURE LEGISLATIVE SESSIONS; AND, FURTHER, DIRECTING THE CIry CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE ASSISTANT SECRETARY OF THE A,RMY FOR CIVIL WORKS, THE SECRETARY OF THE FLORIDA DEPARTMENT OF EVIRONMENTAL PROTECTION, AND THE GOVERNING BOARD AND EXECUTIVE DIRECTOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. WHEREAS, the western coastline of the City of Miami Beach is bordered by Biscayne Bay; and WHEREAS, the health of Biscayne Bay and the restoration of the greater Everglades' ecosystem is of great importance to the City of Miami Beach's (City) continued clean water supply, environmental and public health, and economic well- being; and WHEREAS, specifically, Biscayne Bay is intrinsically linked to the economic well- being of the City through nature-based tourism, an enhanced quality-of-life for residents and visitors, and commercial and recreational boating, watersports, and fishing; and WHEREAS, the Biscayne Bay CoastalWetlands (BBCW) project is a component of the federal Comprehensive Everglades Restoration Plan (CERP); and Page 378 of757 291 WHEREAS, the BBCW project is sponsored and managed by the United States Army Corps of Engineers (USACE) and the South Florida Water Management District (SFWMD); and WHEREAS, the purpose of the BBCW project, as authorized by Congress in the Water Resources Development Act of 2000, is to improve the ecological health of Biscayne Bay by adjusting the quantity, quality, timing, and distribution of freshwater entering Biscayne Bay and Biscayne National Park through the redistribution of freshwater flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, iidal wetlands, and near-shore bay habitats; and WHEREAS, the USACE and the SFWMD determined that the BBCW project would be planned and completed in two (2) phases; and WHEREAS, the USACE and the SFWMD completed the planning for Phase I of the BBCW project tn 2011; however, the planning for Phase ll of the project is not scheduled to begin until 2021; and WHEREAS, Phase ll of the BBCW project is intended to provide water storage and rehydrate more than twenty thousand (20,000) acres of important wetlands that connect the Everglades to Biscayne Bay and Card Sound; and WHEREAS, the City of Miami Beach is deeply invested and committed to seeing the BBCW project completed and, in order for the project to be completed in a timely manner, Phase ll of the BBCW project must move forward in advance of the current schedule; and WHEREAS, the SFWMD expedited the construction of Phase I of the BBCW project in advance of congressional authorization, completed construction of the Deering Estate Flow-way and portions of the L-31E Flow-way in Fall 2A12, and is currently operating these components of the project; and WHEREAS, the full potential benefits of the BBCW project will only be realized once Phase I and ll of the project are planned and constructed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEA.CH, FLORIDA, that the Mayor and City Commission hereby urge the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps nece$sary to expedite and complete the construction of Phase I of the Biscayne Bay Coastal Wetlands Project; urge the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps nece$sary to expedite the planning of Phase ll of the BBCW proiect so that such planning occurs as soon as possible and prior to the current scheduled start date af 2Q21; direct the City of Miami Beach's state and federal Iobbyists to advocate for administrative action that would accomplish the goals set forth Page 379 of757 292 r I in this Resolution; direct the City Administration to include this item in its legislative priorities for the 2017 state and federal legislative sessions and future legislative sessions; and, further, direct the City Clerk to forward a certified copy of this Resolution to the Assistant Secretary of the Army for Civil Works, the Secretary of the Florida Department of Environmental Protection, and the Governing Board and Executive Director of the South Florida Water Management District. PASSED AND ADOPTED this _day of January, 2A17. ATTEST:Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE ECUTION ryPltt F:IATToITURNIRESOS\ Blscayne Bay CoastalWellands projed Resolution 2017 REso.doc Page 380 of757 293 294 Resolutions - C7 O COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29607, IN ORDER TO APPROVE AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A REVISED PROFESSIONAL SERVICES AGREEMENT WITH ARTS FOR LEARNING/MIAMI, INC., A NOT-FOR-PROFIT CORPORATION, TO INCLUDE ADDITIONAL ARTS EDUCATION PROGRAMS AT FIENBERG-FISHER K-8 CENTER, IN AN AMOUNT NOT TO EXCEED $6,000, WITH A REVISED TOTAL AMOUNT NOT TO EXCEED $81 ,OOO, WHICH AGREEMENT SHALL HAVE AN lNlTlAL TERM OF ONE (1)YEAR, W|TH THE OpTtON, AT THE CtTyS SOLE DtscRETtoN, TO EXTEND FOR AN ADDTTTONAL TWO (2) YEARS CONTINGENT UPON THE APPROPRIATION OF REQUIRED FUNDING BY THE MAYOR AND CITY COMMI SSI ON. RECOMMENDATION Adopt the Resolution. ANALYSIS On September 30, 2013, via Resolution No.2013-28388, and pursuant to Section 287.057 ot the Florida Statutes which exempts these services from competitive bidding requirements, the City Commission authorized the execution of an agreement with Arts For Learning/Miami, lnc., a not-for-profit corporation, to provide after school and summer camp arts education programs in the public schools and parks. Said agreement was extended for an additional two years, per the resolution, due to the ovenuhelmingly positive response from teachers, students, parents and parks staff. As such, funding was included and approved in the FY 2014115 and 2015116 budgets to continue the program for an additional two years to offer Miami Beach students the oppoftunity to benefit from the proven advantages arts education provides: higher grade point averages, higher test scores, greater participation and community involvement, and lower drop- out rates. The City's FY 2016117 adopted budget included up to $75,000 in funding in the Tourism, Culture and Economic Development Department budget to continue the after school and summer camp arts education programs. At the October 19,20'16 meeting of the City Commission, Resolution No. 2016-29607 was approved, in a not to exceed amount of 975,000, authorizing a Professional Services Agreement with Arts for Learning/Miami, lnc. to provide arts Page 381 of757 295 education programming at Biscayne Elementary, Flamingo Park, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary. Following the October 19,2016 meeting of the City Commission, staff was directed to work with Arts for Learning/Miami, lnc. to determine the cost of extending the arts programming to include Feinberg Fisher K-8. lt was noted by staff that programming had previously been offered at this location. However, due to reductions in the City's FY 2A16117 adopted budget, Arts for Learning/Miami, lnc. seruices were reduced from a previously allocated amount of $105,000 to $75,000. Eager to include Feinberg Fisher K-8, Arts for Learning Miami, lnc. determined an additional three classes would be needed to properly serve the school and requested 96,000 in increased funding to begin programming at the school in January 2017. The addition of programming at Feinberg Fisher K-B would increase the Professional Services Agreement to $81,000. Funding will be provided through the Tourism, Culture and Economic Development Depaftment budget. ln FY 2005/06, the first year of the contracted programs, the City was able to offer arts programming at Flamingo Park summer camp and at two early childhood centers, RAIN and Happy Kids/Jefferson, reaching a total of 465 children. ln FY 2006107, programming expanded to include eight early childhood centers, including Children Around the Wodd, Happy Kids/Byron, King's Kids Palace, Rainbow Miami Beach, Stars Learning Center, Montessori School Temple Beth Shmuel, MontessoriAcademy of St. John, Abbott School, Fienberg-Fisher K-8, and Treasure lsland and North Beach Elementary Schools. Teacher training was offered at Nautilus Middle School and after-school programs at Biscayne Elementary Treasure lsland Elementary, Flamingo Park, North Shore Park and Youth Center, and Scott Rakow Youth Center, benefiting a total of 4,760 children. ln FY 2007108 programming was offered at Raindrops, St. Patrick Pre-school and Temple Menorah Early Childhood Program; teacher training at Fienberg-Fisher K-8 and Nautilus Middle School; after-school classes at Biscayne Elementary Flamingo Park and Scott Rakow Youth Center; and summer camp programs at Flamingo Pak. A total of 1,441 children were served. Early childhood programs in FY 2008/09 urcre offered at St. Patrick Pre-school, Temple Menorah Early Childhood Program, Mt. Sinai Young Presidents Club Child Care Center, and Children Around the World; teacher training continued at Fienberg-Fisher K-B; and after-school classes were conducted at Flamingo Park, Scott RakowYouth Center, and Biscayne Elementary School. Live performances were presented to children at Biscayne Elementary Flamingo Park, St. Patricks Pre-school and Miami Beach Senior High. Total number of participants was 2,949. ln FY 2009110 programming included early childhood classrooms at Mt. Sinai Young Presidents Club Child Care Center, St. Patrick Pre-school, Temple Menorah Early Childhood Program, and Happy Kids; teacher training at Fienberg Fisher K-8; and after-school classes at Scott Rakow Youth Center, Biscayne Elementary School and Flamingo Park, serving a total of 2,178 children. From 2010 through 2013 after-school programs were offered at Fienberg-Fisher K€, Biscayne Elementary South Pointe Elementary Flamingo Park, and Scott Rakow Youth Center with Bass Museum of Art, serving a total of 2,340 children and youth. The programming continued to expand from 2014 through 2A16, with Arts for Leaming/Miami, lnc. offering after-school programs at Flamingo Park, Scott Rakow Youth Center, North Beach Elementary South Pointe Elementary and Biscayne Elementary among other locations, increasing participation to over 2,404 children and youth throughout the two year period. Page 382 of757 296 Based on the positive experience and results accomplished through its arts education initiative, the Administration believes it is in the City's best interest to continue these programs, and proposes an amended contract withArts for Learning/Miami, lnc. to include arts programming at Feinberg Fisher K-8, in addition to the seruices being offered at Biscayne Elementary, Flamingo Park, North Beach Elementary Scott Rakow Youth Center and South Pointe Elementary. Furthermore, Tourism, Culture and Economic Development has established Deparlment Performance lndicators tied to this program in the department's Performance Plan based on the fact that this program v1/els included in the FY 201612017 adopted budget. About Arts for Leaming/Miami, lnc. Arts for Leaming/Miami, lnc. is a community-based non-profit organization dedicated to advancing teaching and leaming through the afts and community cultural resources. lt was established by a group of business and community leaders in 2000 as a partnership between the Miami-Dade Cultural Affairs Council, Miami-Dade County Public Schools, and Young Audiences, the nation's leading supplier of arts-in-education services. Through hands-on professional development for teachers and teaching artists, creation and dissemination of multi- media teaching resources, community arts programming and parent outreach, Arts for Learning/Miami, lnc. is creating a comprehensive system for infusing cultural arts into early learning, K - 12 education, and after-school and summer programs. Arts for Learning/Miami, lnc. has offered its programs in Miami Beach since its first CulturalArts Council grant in 2002. scope or senvrces Arts for Learning/Miami, lnc. will provide 35 after-school courses across six Miami Beach locations including Biscayne Elementary School, Flamingo Park, Feinberg Fisher K-8, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary School. Throughout the school year at each after-school location, professional teaching artists will conduct semester-long residencies. These residencies or "courses" are defined as a 1-hour session per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or spring semester. Through the after-school programming, Arts for Leaming/Miami, lnc. will serve over 890 students in FY 201612017 . Site No. of Students Participatinq No. of Students Attendinq Events Biscayne Elementary 100 40 Flamingo Park 100 50 Feinberg Fisher K-8 25 20 North Beach Elementary 100 40 Scott Rakow Youth Center 20 15 South Point Elementary 80 80 Page 383 o1757 297 lntroduction to Visual & Performing Arts Residencfes Serving Children from lnfancy to Age 5 Arts for Learning/Miami, lnc. offers various levels of preschool residencies in the visual and performing arts. Master teaching artists embed coaching, modeling and in-class teacher professional development into a sequential residency structure. The efficiency of this approach is that it concurrently combines training for early childhood teachers with high quality arts-based learning activities for students. To introduce preschools to working with an artist in the classroom, Arts for Learning/Miami, lnc. has designed introductory residencies and will provide these at three preschools. The artist will serve all classrooms at each preschool. The residency structure is as follous: - Planning Session (Session 1): The teacher and the artist review residency goals/objectives. - Classroom Session (Session 2-6). Teaching arlist leads five 45-minute sessions (20 minute sessions in infant rooms). The classroom teacher participates in the sessions and in post-session debriefings.- Closing Session (Session 7): During this session, the teaching artist has the oppofunity to end the residency and to say "goodbye" to the students and determine follow up needs Wth the teacher. Arts for LearninglMiami,lnc. Preschool Play Arts for Leaming/Miami, lnc. will provide preschool aged children at Normandy lsle Park, North Shore Park &Youth Center, South Pointe Park, Flamingo Park and Scott Rakow Park music, drama and movement activities to support their intellectual, social, emotional, and physical development. Timeline for Services: After-school/Out of School Oct. 2016 * Aug 2017 lntroduction to Preschool Residencies Oct. 201 6 - l{tay 2017 Preschool Play Feb.2017 *May2017 On September 30, 2013, via Resolution No. 2013-28388, and pursuant to Section 287.057 of the Florida Statutes which exempts these services from competitive bidding requirements, the City Commission authorized the execution of an agreement with Arts For Learning/Miami, lnc., a not-for-profit corporation, to provide after school and summer camp arts education programs in the public schools and parks. Said agreement was extended for an additional two years, per the resolution, due to the ovenrvhelmingly positive response from teachers, students, parents and parks staff. As such, funding was included and approved in the FY 2014115 and 2015116 budgets to continue the program for an additional two years to offer Miami Beach students the opportunity to benefit from the proven advantages arts education provides: higher grade point averages, higher test scores, greater participation and community involvement, and lower drop- out rates. The City's FY 2016117 adopted budget included up to $75,000 in funding in the Tourism, Culture and Economic Development Department budget to continue the after school and summer camp arts education programs. At the October 19,2016 meeting of the City Commission, Resolution No. 2016-29607 was approved, in a not to exceed amount of $75,000, authorizing a Professional Services Agreement with Arts for Leaming/Miami, lnc. to provide arts Page 384 o1757 298 education programming at Biscayne Elementary, Flamingo Park, Norlh Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary. Following the October 19,2016 meeting of the City Commission, staff was directed to work with Arts for Learning/Miami, lnc. to determine the cost of extending the arts programming to include Feinberg Fisher K*8. lt was noted by staff that programming had previously been offered at this location. However, due to reductions in the City's FY 2016117 adopted budget, Arts for Learning/Miami, lnc. services were reduced from a previously allocated amount of $105,000 to $75,000. Eager to include Feinberg Fisher K-8, Arts for Learning Miami, lnc. determined an additionalthree classes would be needed to properly serve the school and requested $6,000 in increased funding to begin programming at the school in January 2017. The addition of programming at Feinberg Fisher K-B would increase the Professional Services Agreement to $81,000. Funding will be provided through the Tourism, Culture and Economic Development Department budget. in FY 2005/06, the first year of the contracted programs, the City was able to offer arts programming at Flamingo Park summer camp and at two early childhood centers, RAIN and Happy Kids/Jefferson, reaching a total of 465 children. ln FY 2006107, programming expanded to include eight early childhood centers, including Children Around the World, Happy Kids/Byron, King's Kids Palace, Rainbow Miami Beach, Stars Learning Center, Montessori School Temple Beth Shmuel, MontessoriAcademy of St. John, Abbott School, Fienberg-Fisher K-8, and Treasure lsland and Nofih Beach Elementary Schools. Teacher training was offered at Nautilus Middle School and after-school programs at Biscayne Elementary, Treasure lsland Elementary, Flamingo Park, North Shore Park and Youth Center, and Scott Rakow Youth Center, benefiting a total of 4,760 children. ln FY 2007108 programming was offered at Raindrops, St. Patrick Pre-school and Temple Menorah Early Childhood Program; teacher training at Fienberg-Fisher K-8 and Nautilus Middle School; after-school classes at Biscayne Elementary Flamingo Park and Scott Rakow Youth Center; and summer camp programs at Flamingo Park. A total of 1,441 children were served. Early childhood programs in FY 2008/09 were offered at St. Patrick Pre-school, Temple Menorah Early Childhood Program, Mt. Sinai Young Presidents Club Child Care Center, and Children Around the World; teacher training continued at Fienberg-Fisher K-8; and after-school classes were conducted at Flamingo Park, Scott RakowYouth Center, and Biscayne Elementary School. Live performances were presented to children at Biscayne Elementary, Flamingo Park, St. Patricks Pre-school and Miami Beach Senior High. Total number of participants was 2,949. ln FY 2009110 programming included early childhood classrooms at Mt. Sinai Young Presidents Club Child Care Center, St. Patrick Pre-school, Temple Menorah Early Childhood Program, and Happy Kids; teacher training at Fienberg Fisher K-8; and after-school classes at Scott Rakow Youth Center, Biscayne Elementary School and Flamingo Park, serving a total of 2,178 children. From 2010 through 2013 after-school programs were offered at Fienberg-Fisher K€, Biscayne Elementary, South Pointe Elementary Flamingo Park, and Scott Rakow Youth Center with Bass Museum of Art, serving a total of 2,340 children and youth. The programming continued to expand from 2014 through 2016, with Arts for Leaming/Miami, lnc. offering after-school programs at Flamingo Park, Scott Rakow Youth Center, North Beach Elementary, South Pointe Elementary and Biscayne Elementary, among other locations, increasing participation to over 2,400 children and youth throughout the two year period. Page 385 ot757 299 Based on the positive experience and results accomplished through its arts education initiative, the Administration believes it is in the City's best interest to continue these programs, and proposes an amended contract withArts for LearninglMiami, lnc. to include arls programming at Feinberg Fisher K-8, in addition to the services being offered at Biscayne Elementary Flamingo Pak, Notth Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary. Furthermore, Tourism, Culture and Economic Development has established Department Performance lndicators tied to this program in the department's Performance Plan based on the fact that this program was included in the FY 201612017 adopted budget. About Arts for Leami ng/Mi ami, lnc. Arts for Leaming/Miami, lnc. is a community-based non-profit organization dedicated to advancing teaching and leaming through the arts and community cultural resources. lt was established by a group of business and community leaders in 2000 as a partnership between the Miami-Dade Cultural Affairs Council, Miami-Dade County Public Schools, and Young Audiences, the nation's leading supplier of arts-in-education services. Through hands-on professional development for teachers and teaching artists, creation and dissemination of multi- media teaching resources, community arts programming and parent outreach, Arts for Leaming/Miami, lnc. is creating a comprehensive system for infusing cultural arts into early learning, K - 12 education, and after-school and summer programs. Arts for Learning/Miami, lnc. has offered its programs in Miami Beach since its first CulturalArls Council grant in 2002. -scope or senvtcrs Arts for Learning/Miami, lnc. will provide 35 after-school courses across six Miami Beach locations including Biscayne Elementary School, Flamingo Park, Feinberg Fisher K-8, North Beach Elementary, Scott RakowYouth Center and South Pointe Elementary School. Throughout the school year at each after-school location, professional teaching artists will conduct semester-long residencies. These residencies or "courses" are defined as a 1-hour session per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or spring semester. Through the after-school programming, Arts for Leaming/Miami, lnc. will serve over 890 students in FY 201 612017. Site No. of Students Participatinq No. of Students Attendinq Events Biscayne Elementary 100 40 Flamingo Park 100 50 Feinberg Fisher K-8 25 20 North Beach Elementary 100 40 Scott Rakow Youth Center 20 15 South Point Elementary 80 80 Page 386 of757 300 lntroduction to Visual & Performing Arts Residencies Serving Children from lnfancy to Age 5 Arts for Learning/Miami, lnc. offers various levels of preschool residencies in the visual and performing arts. Master teaching artists embed coaching, modeling and in-class teacher professional development into a sequential residency structure. The efficlency of this approach is that it concurrently combines training for early childhood teachers Wth high quality arts-based learning activities for students. To introduce preschools to working with an artist in the classroom, Arts for Learning/Miami, lnc. has designed introductory residencies and will provide these at three preschools. The artist will serve all classrooms at each preschool. The residency structure is as follows: - Planning Session (Session 1): The teacher and the artist review residency goals/objectives. - Classroom Session (Session 2-6): Teaching artist leads five 45-minute sessions (20 minute sessions in infant rooms). The classroom teacher participates in the sessions and in post-session debriefings.- Closing Session (Session 7): During this session, the teaching artist has the opportunity to end the residency and to say "goodbye" to the students and determine follow up needs with the teacher. Arts for Learning/Miami,lnc. Preschool Play Arts for Learning/Miami, lnc. will provide preschool aged children at Normandy lsle Park, North Shore Park &Youth Center, South Pointe Park, Flamingo Park and Scott Rakow Park music, drama and movement activities to support their intellectual, social, emotional, and physical development. Timeline for Services: Afterschool/Out of School lntroduction to Preschool Residencies Preschool Play Oct. 201 6 - Aug 2017 Oct. 2016 -May 2017 Feb.2017 *May2017 CONCLUSION The Administration recommends approving an amended professional services agreement with Arts for Learning/Miami, lnc. to include additional arts education programs at Feinberg Fisher K- B Center, in an amount not to exceed $6,000, for a total not to exceed amount of $4t,000 for fiscal year 201612017. At the city's sole discretion, the professional services agreement may be extended for two additional years contingent upon funds appropriations and program peformance evaluations. KEY INTENDED OUTCOMES SUPPORTED Enhance Cultural and Recreational Activities FINANCIAL INFORMATION Funding is available within the Tourism, Culture and Economic Development and Cultural Arts Council's budgets for Fiscal Year 201612017. Page 387 of757 301 Leoislative Trackino Tourism, Culture and Economic Development ATTACHMENTS: Description o PSAArts lor Learnin* 2016-2017 n Resolution Page 388 of757 302 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARTS FOR LEARNING/MIAMI, INC. FOR ARTS EDUCATION PROGRAMS, PURSUANT TO RESOLUTION NO. 2A17. This Professional Services Agreement ("Agreement") is entered into this 11th day of January, 2017, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and ARTS FOR LEARNING/MIAMI, lNC., a Florida not-for-profit corporation whose address is 404 NW 26 Street, Miami, Florida, 33127 ("Consultant"). Agreement. City Manager: Consultant: Services: Fee: Risk Manager: SECTION 1 DEFINITIONS This Agreement between the City and Consultant, including any exhibits and amendments thereto. The chief administrative officer of the City. For the purposes of this Agreement, Consultant shall be deemed to be an independent Consultant, and not an agent or employee of the City. All seryices, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673-7023. SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 ln consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the Services). 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit ,,A,, hereto. Page 389 ot757 303 SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of one (1) year, with two (2) one-year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. The City's exercise of any such renewal option shall be contingent upon any and all required funding appropriations by the Mayor and City Commission. Notwithstanding the Term provided herein, Consultant shall adhere to any speclfic timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 ln consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $81,000. 4.2 25o/o of the fee will be paid to Consultant every three months, provided that work is completed in accordance with the timeline andior schedule in Exhibit "A" hereto. 4.3 TNVO|CING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). lnvoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Brandi Reddick, Cultural Affairs Program Manager Tourism, Culture and Economic Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 bra ndireddick@miamibeachfl. gov Page 390 of757 304 5.1 SECTION 5 TERMINATION TERMINATION FOR CAUSE lf the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. lf such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTTVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BYTHE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATTON; FOLLOWING WHICH THE CIry SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors, ln such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 5.2 5.3 Page 391 of757 305 SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant 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 (including copyright, patent or trademark infringement 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 the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant 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. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its offlcers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) ot the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6,2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of $1,000,000; 2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class Vl" as to strength by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. AII of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. Page 392 of757 306 The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION J U RISDICTION/VEN U E/J U RY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contracl to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. sEcTtoN I lt NTENTIONALLY DELETEDI SECTION 1O GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM - sPM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in _his/h-e1_ rq4s_qnable discretion and judgment, deem necessary, there shall be made available tBqEg€MM*Tager, and/or such repreientatives as the 307 City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [NTENTTONALLY DELETED] 10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY GRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY ln connection with the performance of the Services, the Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. Page 394 of757 308 10.6 CONFLICT OF INTEREST / COMPLIANCE WITH APPLICABLE LAWS The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of lnterest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. ln its performance of the work and/or services, Contractor shall comply with all applicable laws, ordinances and regulations of the City, Miami-Dade County, the State of Florida and the federal government, as applicable. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT:Sheila Womble Executive Director Arts for Learning/Miami, lnc. 404 NW 26 Street Miami, FL33127 (786) 953-7351 (fax) Vanessa Williams, lnterim Director Tourism, Culture and Economic Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7063 (fax) Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. ln the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or ovemight delivery. TO CITY: sEcTtoN 12 309 12,1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY lf any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. ln the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 12.5 310 FOOD SERV]CE ARTICLES Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are harmful to marine life, other wildlife, and the environment. The City's goals are to reduce the use of expanded polystyrene and encourage the use of reusable, recyclable, or compostable alternatives. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Expanded polystyrene food seruice articles means plates, bowls, cups, containers, Iids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. Consultant agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food service articles in connection with fulfilling its obligations under this Agreement. Moreover, Consultant agrees to include the provisions of this Section 12.5 in any contract between Consultant and a subcontractor, independent contractor, vendor, supplier, sponsor or any other individual or entity (collectively referred to herein as the Subcontractors), executed in connection with Consultant's obligations under the terms of this Agreement. A violation of this section shall be deemed a default under the terms of this Agreement. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the Consultant or Subcontractors. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 397 of757 311 lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Rafael E. Granado City Clerk Philip Levine Mayor By: FOR CONSULTANT: ATTEST: ARTS FOR LEARNING/MIAMI, INC. Sheila Womble Executive Director Print Name/Title Exhibit "A' Arts for Learning/Miami, !nc. Scope of Services for City of Miami Beach October 1, 2016-September 30,2017 Page 398 of757 About Arts for Learning: 312 As Miami-Dade County's leading organization solely dedicated to advancing teaching and learning through the arts, Arts for Learning (A4L) works diligently to ensure that the arts are central to the life of every child. By connecting professional visual and performing artists to children in schools, preschools, and after-school and summer programs, children have the opportunity to experience and understand an art form, create a work of art, and connect ihat art to other areas of learning. A4L's comprehensive services include arts-integrated instruction, student studio programs, community art classes, internships in the arts, mentoring, and teacher and artist professional development. A4L is a national affiliate of the Wolf Trap lnstitute for Early Learning and the Young Audiences Arts for Learning network. Proposed Scope of Work: Arts for Learning respectfully requests $81,000 to provide in-depth visual and performing arts programs at City of Miami Beach schools, preschools, and parks to serve 890 of children and youth. After-School Programming Arts for Learning will provide 35 after-school courses across six Miami Beach locations including Biscayne Elementary School, Flamingo Park, Fienberg Fisher K-8, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary School. Throughout the school year at each after- school location, professional teaching artists will conduct semester-long residencies. These residencies or "courses" are defined as a '1 -hour session per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or spring semester. Through the after-school programming, A4L will serve 670 students. lntroduction to Visual & Performing Arts Residencies Serving Children from lnfancy to Age 5 Arts for Learning offers various levels of preschool residencies in the visual and performing arts. Master teaching artists embed coaching, modeling and in-class teacher professional development into a sequential residency structure. The efficiency of this approach is that it concurrently combines training for early childhood teachers with high quality arts-based learning activities for students. To introduce preschools to working with an artist in the classroom, A4L has designed introductory residencies and will provide these at three preschools. The artist will serve all classrooms at each preschool. The residency structure is as follows: ' Planninq Session (Session 1): The teacher and the artist review residency goals/objectives.. Classroom Session (Session 2-6): Teaching artist leads 5 4S-minute sessions (20 minute sessions in infant rooms). The classroom teacher participates in the sessions and in post-session debriefings.. Closinq Session (Session 7): During this session, the teaching artist has the opportunity to end the residency and to say "goodbye" to the students and determine follow up needs with the teacher. A4L Preschool Play Arts for Learning will provide preschoolaged children at Normandy lsle Park, North Shore Park &Youth Center, South Pointe Park, Flamingo Park and Scott Rakow Park music, drama and movement activities to support their intellectual, social, emotional, and physical development. Site No. of Students Participatinq No. of Students Attendinq Events Biscavne Elementarv 100 40 Flaminqo Park 100 50 Fienbero Fisher K-8 25 20 Nofih Beach Elementarv 100 40 Scott Rakow Youth Center 20 15 South Pointe Elementarv 80 80 Page 399 ot757 313 Exhibit "A" Arts for Learning/Miami, lnc. Scope of Services for City of Miami Beach October 1, 201G-September 30,2017 Timeline for Services: Aft er-sch ool/Out-of-School lntroduction to Preschool Residencies A4L Preschool Play Budget: JunOct 2016 Nov Dec Jan 2017 Feb Mar Apr May Jul Aug Sep No. of participants (inc. culminating event)of Service After-school lntroduction to Preschool Residencies A4L Preschool Play Total Unit Price No. of Units Unit $2,000 $2,000 $1,000 Courses Preschools Locations Amount $70,000 $6,000 $5,000 35 3 5 670 120 't00 $81,000 890 Page400 of757 314 13 Page 401 of757 315 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016.29607, IN ORDER TO APPROVE AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A REVISED PROFESSIONAL SERVICES AGREEMENT WITH ARTS FOR LEARNINGIMIAMI, INC., A NOT-FOR.PROFIT CORPORATION, TO INCLUDE ADDITIONAL ARTS EDUCATION PROGR,&MS AT FIENSERG.FISHER K.8 CENTER, IN AN AMOUNT NOT TO EXCTED $6,000, WITH A REVISTD TOTAL AMOUNT HOT TO EXCTED $81,000, WHlCll AGREEfIiENT SHAL[_ HAVE AN lNtTt.AL TERM OF ONE {1} YE.A,R, W|TH THH OPTION, ATTHE CITY'S SOLE DISCRETION, TO EXTEND FOR AN ADDTTTONAL TWO (2) yEARs CONTTNGENT UPON THE APPROPRIATION OF REQUIRED FUNDING BY THE MAYOR AND CITY COMITTISSION, WHEREAS, on September 30, 2013, the Mayor and City Commission adopted Resolution No. 2010-27503, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Arts For Learning/Miami, lnc. to provide arts education programs at various preschools, public schools, and parks and youth centers in the City (the "2013 Agreement"); and WHEREAS, the 2013 Agreement expired on September 30, 2016; and WHEREAS, on October 19, 2016, the Mayor and City Commission adopted Resolution No. 2016-29607, approving and authorizing the Mayor and City Clerk to execute a new Professlonal Services Agreement with Arts for Learningllvliami, a not'for-profit corporation, for in*schaol and afier- school arts education programs at various City preschools, public schools and parks and youth centers, in an amount not to exceed $75,0$CI, said Agreement having an initial term cf one {1) y*ar, commencing on October I , 2S16, and ending on $*ptember 30, 2017, with the opti*n, at the Sity Manage/s sole discretion, to extend for an additional two (2) one-year terms contingent upon the appropriation of required funding by tho Mayor and City Commission; and WHEREAS, followingtheOctober 19,2016Ciil7Commission meeting, Citystaffwasdirected to work with Arts for LearninglMiami, lnc. to determine the cost of extending the arts programming to include Fienberg-Fisher K-B Center; and WHEREAS, Arts for Learning Miami, lnc. determined that an additional three classes would be needed to properly serve the school and requested $6,000 in increased funding to begin programming at the school in January 2017; and WHEREAS, the addition of programming at Fienberg-Fisher K-8 Centerwould increasethe amount of City funding set forth in the Professional Services Agreement to $81,000; and WHEREAS, theAdministration recommends approving an amended Professionalservices Agreement with Arts For Learning/Miami, lnc. to include ihe addition of programming at Fienberg- Page 402 of 757 316 Fisher K-B Center and conttnue providing in-school and after school arts educatron programs in Miami Beach, for a one-year term, with up to two (2) one-year renewal options. NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend Resolution No. 2016-29607, in order to approve and authorize the Mayor and City Clerk to execute a revised Professional Services Agreement with Arts for Learning/Miami, lnc., a not-for-profit corporation, to include additional arts education programs at Fienberg-Fisher K-8 Center, in an amount not to exceed $6,000, with a revised total amount not to exceed S81 ,000, which Agreement shall have an initial term of one {1) year, with the option, at the City's sole discretion, to extend for an additional two (2) years contingent upon the appropriation of required funding by the Mayor and City commission. PASSED and ADOPTEB this _ day of _,2017 . ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO fORVt & LAI'IGUAGE ,r -ZZ-lI DoteCity AttorneY LJI Page403 of757 317 318 Resolutions - C7 P COMMISS ION ME TVIORA}.I DU M Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE CAFE, INC. D/B/A SEGAFREDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERry LOCATED AT 1O4O LINCOLN ROAD, MIAMI BEACH FLORIDA. RECOMMENDATION Adopt the Resolution. BACKGROUND On January 28th, 2009, the Mayor and City Commission adopted Resolution No. 2009-26994 approving a new lease agreenent (Lease Agreernent) between the City and Colony Theater Caf6 , lnc. d/b/a Segafredo (Tenant), for the use of 1,371 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach, Florida (Premises). The initial lease term was for a period of three (3) years, comrencing November 1, 2008 and ending October 31,2011, with two (2), three (3) year renewal terms. ANALYSIS Colony Theatre Cafe is a full service restaurant and bar with an active sidewalk caf6 permit authorized forforty-eight (48) tables and one hundred eightythree (183) seats on Lincoln Road. The sidewalk caf6 permit is separate from the Lease Agreement for the Premises; however, the City receives percentage rent from the combined operations. The lease was extended for both renewal terms with the second and final renewal term expiring October 31,2017. The basic terms of the cunent lease are as follor,rrs: Premises: lnitial Term: 1040 Lincoln Road Three (3) years commencing lrlovember 1, 2008 and ending October 31 ,2011 Renewal Terms: Two (2) renewal terms for three (3) years each (second and final renewalterm expires October 31,2017) Page 404 of757 319 S i z e : The total lease area consists of approximately 1,371 square feet delineated as follows: 133 3F ffrilTn!:nT:,:"," space 196 SF Colony Theatre lobby food & beverage concession 306 SF off-site dumpster/storage area Since the 196-square foot lobby concession is intended only for Colony Theatre patrons, and since the 306-square foot dumpster/storage area is located off-site, the remaining 869 square feet (769 SF cafe plus 100 SF storage) is an adjusted square footage which more accurately reflects the revenue generating area occupied by Tenant. Rental Rate: The greater of Base Rent, in the amount of $217,114 for contract year 2415/16; or 6.5% of Gross Receipts (excepting allowable deductions), in the amount of $218,958 for contract year 2015116. The following chart illustrates the rent revenue figures for the most recent four (4) contract years: 2412t13 2013t14 2014t15 2015t16 $3,930,036 $3,950,755 $3,904,597 $3,36g,5g5 Contract Year Gross Receipts Base Rent Percentage Rent TotalRent $205,809 $230,949 $49,643 $25,950 $255,452 $256,799 $222,251 $217,174 $25,047 $1,794 $247,298 $218,959 Rent per Square Foot (869 SF) $294 $2e6 $285 $252 FINANCE & CITYWDE PROJECTS COMMITTEE The Administration presented the above information at the December 16, 2016 Finance and Cityruide Projects Committee ('FCWPC') meeting. The FCWPC considered this matter and recommended in favor of negotiating a new lease agreement with Colony Theatre Caf6. CONCLUSION The Administration recommends accepting the recommendation of the Finance and Cityruide Prolects Committee. Legislative Tracking Tourism, Culture and Economic Developmenl AfiACHMENTS: Page 405 of757 320 Description R*s*luiinn Page 406 of757 321 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISS]ON OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE CAFE, INC. D/B/A SEGAFREDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 1O4O LINCOLN ROAD, MIAMI BEACH FLORIDA. WHEREAS, RFP No. 19-07i08 was issued on February 14,2008, with an opening date of April 18, 2008; and WHEREAS, on January 28th, 2009, the Mayor and City Commission adopted Resolution No. 2009-26994, approving a lease agreement (Lease) between the City of Miami Beach (Landlord) and Colony Theater Cafe, lnc. d/b/a Segafredo (Tenant), for the use of 1,37'1 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach, Florida; and WHEREAS, the initial Lease term was for a period of three (3) years, commencing November 1,2008 and ending October 31,2011, with two (2) additional three (3) year renewalterms; and WHEREAS, Tenant has exercised all of its renewal options, and the Lease Agreement is due to expire on October 31, 2017; and WHEREAS, Tenant has requested an extension of the Lease; and WHEREAS, the Administration submitted Tenant's renewal request to the Finance and Citywide Projects Committee ("FCWPC') at its December 16,2016 meeting, and the FCWPC recommended in favor of negotiating a new lease agreement with Tenant,. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF llJllAMl BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida hereby accept the recommendation of the Finance and Citywide Projects Committee, and authorize the Administration to negotiate a new lease agreement with Colony Theatre Caf6 lnc,, d/b/a Segafredo, for the use of approximately 1,371 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach Florida. PASSED and ADOPTED this day of ATTEST: Rafael E. Granado, Gity Glerk Philip Levine, Mayor 2017. TI\AGENDAU017\1 - January\TCED\Colony Gafe\Colony - New Lease Agreement RESO.docx APPHO/EDASTO FORM&T.ANGUAGE &FOR BGCIJT|oN tr/rylrr> *.lil{k€ Date Page407 of757 322 Resolutions - C7 Q COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND FRIENDS OF THE BASS MUSEUM, INC.; SAID AMENDMENT PERMITTING THE OPERATION OF AN OUTDOOR CONCESSION AREA ADJACENT TO THE MUSEUM, WHICH WILL PROVIDE FOOD AND BEVERAGE CONCESSION SERVICES TO MUSEUM VISITORS AND THE GENERAL PUBLIC; AND FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE SUBJECT TO THE ADVANCE APPROVAL OF THE IVAYOR AND CITY COMMISSION- RECOMMENDATION Adopt the Resolution. BACKGROUND The Finance and Citywide Projects Committee (FCWPC) initially discussed food and beverage mncessions at Soundscape Park, Collins Park and the Miami Beach Botanical Garden at the June 20,2014 neeting and recomrnended pursuing food and beverage concessions through the pop-up concept or food trucks for Soundscape Park and the Miami Beach Botanical Garden. The Finance and Citywide Projects Committee recomrnended waiting for a broader rnster plan for activating Collins Park before pursuing a concession operation at this location. This matter has been further discussed and developed at the January 7,2015, March 18, 2016, May 20, 2016, June 17,2016 and December 16,2016 Finance and Citywide Projects Committee neetings. ANALYSIS Due to the estimated high cCIst to renovate the Rotunda at Collins Park and make it suitable for a full-service food and beverage concession, with commercial kitchen, restrooms, life safety requirements, and ADA accessibility (approximately $929,000), the Finance and Citywide Projects Committee recommended staff vucrk with the Friends of the Bass Museum, lnc. (Bass) to identify an alternative solution to provide an outdoor concession. The Bass issued a Request for Proposals (RFP) in June 2016 to identify a caterer to operate its new indoor caf6 which is cunently under construction and is anticipated to be completed in the spring of 2017. The Bass is currently in negotiations with Thierry Catering and expects to finalize an agreement this month. Thierry Catering is the exclusive caterer at The New World Center, home of the New World Symphony and recently acquired AVENUE D, a Jazz club Page 408 of757 323 located in the heart of downtown. Staff met with representatives from the Bass and discussed expanding the new indoor cafe to the exterior of the building in order to serve members of the public and further activate Collins Park. The Bass is agreeable to this plan and has already been in discussions with Thierry Catering to utilize their services for both the indoor cafe and the outdoor concession area. Thieny's Catering has advised the Bass they are interested in operating the outdoor concession area adjacent to the building, but has requested the City provide security services during operating hours. The Bass has suggested operating the outdoor area seasonally from approximately December to May to avoid the high temperatures the rest of the year. Details of the outdoor caf6 operations are still in discussion. ln addition to the outdoor caf6, another aspect of activation for Collins Park could be the Rotunda utilized solely as a location to take orders and distribute food and beverages to customers of Thieny's caf6 operation. Without the need for full kitchen equipment, bathrooms, etc., the cost to renovate the Rotunda would be less than the $929,000 estimated for a full- service food and beverage operation. The Bass has advised Staff that Thierry has no interest in utilizing the Rotunda as an extension of their food and beverage operation associated with the Bass'indoor/outdoor cafe. Other entitles have expressed an interest in using the space in this manner, however the Bass also expressed an interest in using the Rotunda as an art exhibition space. ln this case, the Bass would pursue state funding for the renovation of the Rotunda to suit its needs. At the December 16,2A16 FCWPC meeting, the Committee was in favor of negotiating an agreement with the Bass for the outdoor concession area, including the City providing security seryices, and abatement of any financial consideration to the City. The FCWPC was also in favor of allowing the Bass to pursue funding for the renovation of the Rotunda to suit its needs as an art exhibition space. CONCLUSION The Administration recommends in favor of negotiating an amendment to the Agreement between the City and the Friends of the Bass Museum, lnc. to permit the operation of an outdoor concession area adjacent to the museum and to allow the Bass to pursue funding to renovate the Rotunda for use as an art exhibition space. Legislative Tracking Tourism, Culture and Economic Development AfiACHMENTS: Description n Resolution Page 409 of757 324 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORTZING THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND FRIENDS OF THE BASS MUSEUM, !NG; SAID AMENDMENT PERMITTING THE OPERATION OF AN OUTDOOR CONCESSION AREA ADJACENT TO THE MUSEUM, WHICH WILL PROVIDE FOOD AND BEVERAGE CONCESSION SERVICES TO MUSEUM VTSITORS AND THE GENERAL PUBLIG; AND FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE SUBJECT TO THE ADVANCE APPROVAL OF THE MAYOR AND GITY COMMISSION. WHEREAS, on March 18, 2016, the Administration presented a discussion item to the Finance and Citywide Projects Committee (FCWPC) requesting direction on pursuing food and beverage concessions at the Miami Beach Soundscape, Collins Park and the Miami Beach Botanical Garden; and WHEREAS, due to the estimated high cost to renovate the Rotunda at Collins Park and make it suitable for a full-service food and beverage concession (with commercial kitchen, restroorns, life safety requirements, and ADA accessibility) in the approximate sum of $929,000, the FCWPC directed staff to work with the Friends of the Bass Museum, tnc. (Bass), which manages the Bass Museum at Collins Park, to identify an altemate solution for providing an outdoor food and beverage concession at Collins Park; and WHEREAS, the Bass Museum is currently under construction and anticipates that the construction will be completed in the spring of 2017; and WHEREAS, the Bass issued a Request for Proposals (RFP) in June of 2016 to identify a caterer to operate its new indoor cafe and has negotiated an agreement with Thierry Catering; and WHEREAS, after further discussions with Staff, the Bass is agreeable to expanding the new indoor cafe to the exterior of the Bass Museum building in order to serve museum visitors and members of the public and further activate Collins Park for approximately six rnonths of the year (December - May); and WHEREAS, the Agreement between the City and the Bass does not extend past the building footprint and the Bass is not authorized to operate an outdoor concession area in Collins Park; and WHEREAS, the Bass has been in discussions with Thierry Catering to utilize their services for both the indoor cafe and the proposed outdoor concession area; and WHEREAS, Thierry's Catering has advised the Bass that they are interested in operating the outdoor concession area adjacent to the Bass Museum building but are not interested in utilizing the Rotunda in conjunction with the outdoor concession; and WHEREAS, Thierry's Catering has requested that the City provide security services for the outside concession area during operating hours; and WHEREAS, the FCWPC was in favor of negotiating an agreement with the Bass for the outdoor concession area, including the City providing security services, and an a bate m e nt of a ny fi n a n cia I co n s i d e ratig33 to+tlpoQilUz 325 NOW, TI-IEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Administration to negotiate an amendment to the agreement between the City and Friends of the Bass Museum, lnc.; said amendment permitting the operation of an outdoor concession area adjacent to the museum, which will provide food and beverage concession services to the museum visitors and the general public; and further provide that the final negotiated amendment shall be subject to the advance approval of the Mayor and City Commission. PASSED and ADOPTED this ATTEST: 2017. RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR T:\ASENDAQ0I7\1 - January\TCED\Food and Beverage Concessions\Food and Beverage Concessions - Collins Park RESO {01 -04-1 7}.docx day of APPROVED AS TO FORM & LANGUAGE & FOR EXECUIION tkil; Date Page 4'1 1 of 757 326 Resolutions - C7 R COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: RaulJ. Aguila, CityAttorney DATE: January 11,2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING ANY RELIGIOUS-BASED OR NATIONALITY-BASED REGISTRATION OF PERSONS ENTERING THE UNITED STATES OF AMERICA. RECOMMENDATION Pursuant to the request of Commissioner Michael Grieco, the attached Resolution is submitted for consideration by the Mayor and City Commission at the January 11,2017 City Commission Meeting. Legislative Tracking Office of the CityAttorney Sponsor Commissioner Michael Grieco ATTACHMENTS: Description o Resolution Page 412 of 757 327 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING ANY RELIGIOUS.BASED OR NATIONALITY.BASED REGISTRATION OF PERSONS ENTERING THE UNITED STATES OF AMERICA. WHEREAS, President-Elect Donald Trump has expressed that he is in favor of the strict immigration screening of Muslims; and WHEREAS, some supporters of President-Elect Donald Trump are calling for the registration of all Muslims entering the United States of America; and WHEREAS, Donald Trump supporter, Carl Higbie, defended the proposed registry of immigrants from Muslim countries by citing the \MlVll internment of over 11O,0OO Japanese- Americans as legal precedent; and WHEREAS, in 1943, President Franklin Delano Roosevelt stated, "Americanism is a matter of the mind and heart; Americanism is not, and never was, a matter of race or ancestry"; and WHEREAS, President Roosevelt's statement was in response to the patriotism of the 442nd Regimental Combat Team which grew to approximately 14,000 Americans of Japanese ancestry, and which became the most decorated military unit for its size and length of service in the history of American warfare. The 'tGo For Broke" 442nd Regimental Combat Team and its 100th lnfantry Battalion (the "One Puka Puka") accumulated the following reported achievements: 8 Major Carnpaigns in Europe, 8 Presidential Unit Citations, 9,486 Casualties (Purple Hearts), 18,143 individual decorations including: 21 Congressional Medals of Honor, 52 Distinguished Service Crosses, 1 Distinguished Presidential Unit Citation, 1 Distinguished Service Medal, 560 Silver Stars, and 28 with Oak Leaf Clusters (in lieu of a second), 22 Legion of Merit Medals, 4,000 Bronze Stars and 1,200 with Oak Leaf Clusters (in lieu of a second), 12 French Croix de Guerre with 2 Palms (representing second awards), 15 Soldiers'Medals,2 Italian crosses for Military Merit, and 2 ltalian Medals for Military valor; and- WHEREAS, in 1988, President Ronald Reagan signed into law the Civil Liberties Act, which apologized for the internment on behalf of the United States Government and stated that government actions were based on "race prejudice, war hysteria and a failure of political leadership." The United States Government eventually disbursed approximately 1.6 billion dollars in reparations to 82,219 formerly interned Japanese Americans and their heirs; and WHEREAS, the following entry was reported to have been found in the personal diary of King Christian X of Denmark following World War ll: When you look at the inhumane treatment of Jews, not only in Germany but occupied countries as well, you start worrying that such a demand might also be put on us, but we must clearly refuse such this due to their protection under the Danish constitution. I stated that I could not meet such a demand towards Danish Page 413 ot757 328 citizens. lf such a demand is made, we would best meet it by all wearing the Star of David; and WHEREAS, after a successful nationwide collective resistance of Danish citizens, clergy, and governmental officials to save Danish Jews from planned Nazi deportation, an excerpt from the Danish King's diary and a Swedish cafioon are purported to have given rise to the myth that the Danish King said that all Danish citizens would wear the yellow star if the Nazis required Danish Jews to wear it. A Swedish cartoon of that era depicted Denmark's former prime minister asking Danish King Christian X what he would do if the present Nazi- approved prime minister made all the Jews wear yellow stars, and in the cartoon the King responds, "We will all have to wear yellow stars"; and WHEREAS, American history is replete with examples of members of one ethnic group fighting for the liberties of other ethnic groups, such as: the Quaker opposition to the Mexican- American War, Quaker participation in the Underground Railroad, American Catholic and Jewish participation in struggles during the Civil Rights Era, and most recentty the host of "The Daily Show," Trevor Noah, has suggested that all Americans should sign up on any registry required of Muslims; and WHEREAS, in an effort to combat lslamophobia, female Duluth East High School students recently organized "Hijab Wednesday" when students of all religions and ethnicities wore a hijab to school. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: Section 1. The Mayor and Commission of the City of Miami Beach hereby oppose any religious-based or nationality-based registration of persons entering the United States, and urge all Americans to sign up on any registry required of persons based on religious affiliation or nationality, should such registration be required. Section 2. The City Clerk is hereby directed to send a copy of this Resolution to all elected officials throughout Florida. PASSED AND ADOPTED this _ day of January, 2017. ATTEST:Philip Levine, Mayor Rafae! E. Granado, City Clerk F:!{TTO\TURN\RESOS\Reso opposlng rsligion-based and nalionality.bas6d registration APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 414 of 757 tlth 7Hrm Dole 329 330 Resolutions - C7 S COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMI BEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CIry AND RETROACTIVELY AWARDING $60,000 TO H.O.P.E. IN MIAMI-DADE, INC. FOR THE PROVISION OF EMPLOYMENT SERVICES FOR THE HOMELESS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARYAGREEMENTS. RECOMMENDATION Adopt the Resolution. ANALYSIS At its September 29, 2016 rneeting, the City Commission approved an enhancement to extend the City's honeless employnrent program with H.O.P.E. in Miami-Dade, lnc. (HOPE). HOPE is a non- profit organization that provides outreach and engagenrent with the honreless and utilizes members of the clergy to accompany the City's outreach team staff to conduct street engageffent of honreless persons. lt should be noted that the City approached Jewish Community Services of Dade County to partner in this endeavor but the agency was unable to participate. The City collaborated with HOPE for a pilot program April through September 2016 in which HOPE employed horneless adults placed in shelter by the City as outreach workers. The City benefited from the street experience and knowledge of the workers and the workers benefited from the skills and experience learned on the job. During the pilot period, 10 of the program's 22 parlicipants secured alternate employnent before completing the 32-hour employnent program. This outstanding success enabled these clients to expeditiously npve through their Care Plan in order to end their hornelessness and begin a sustainable, independent life. ln addition to 32-hours of employrnent which is paid at the end of each work day, program graduates receive a work uniform and interview attire to keep as well as a letter of reference to facilitate their subsequent job search. Furthernpre, HOPE staff visit the workers in shelter to provide social and emotional support as they transition to independent living. HOPE in Miami-Dade has done an outstanding job of employing the newly-sheltered honeless being served by the City while leveraging its shelter outreach services to ensure the reinforcement of Page 415 o1757 331 program goals. CONCLUSION Based upon the foregoing, the City Manager recommends that the Mayor and City Commission waive the formal competitive bidding requirement, by a 57ths vote, as permitted under Section 2-367(e) of the City Code, as being in the best interest of the City. KEY INTENDED OUTCOMES SUPPORTED Enhance Beauty And Vibrancy Of Urban Alrd Residential Neighborhoods; Focusing On Cleanliness, Historic Assets, ln Select Neighborhoods And Redevelopnent Areas FINANCIAL INFORMATION The funds were included with the FY 2016117 General Fund budget. Amountl $30,000 Accountl 011.0560.000312 Amount2 $3,000 Account2 011.0560.000343 Amount 3 g-27,000 Account 3 011.0560.00349 Total $60,000 Legislative Tracking Housing and Community Services ATTAGHMENTS: Description n Resolution Page 416 of757 332 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND RETROACTIVELY AWARDING $60,000 TO H.O.P,E. IN MIAMI DADE, INC. FOR THE PROVISION OF EMPLOYMENT SERVICES FOR THE HOMELESS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS. WHEREAS, homelessness is a national problem whose impact is felt locally, as the City has a significant number of homeless persons; and WHEREAS, the City employs a variety of strategies to address homelessness including the provision of emergency shelter for men, women and families with children; and WHEREAS, the City has partnered with H.O.P.E. in Miami Dade, lnc. (HOpE) to conduct outreach to the homeless since 2003; and WHEREAS, HOPE is a non-profit agency that is dedicated to ending homelessness through a variety of strategies including street engagement and visits to emergency shelters; and WHEREAS, the City partnered with HOPE to pilot an employment program for homeless persons transitioning from the streets that would provide meaningful employment skills and serve as a transition and support for those leaving homelessness and pursuing individual stability; and WHEREAS, the City funded this pilot program utilizing Community Development Block Grant (CDBG) funds from its Fy 2015/16 funds; and WHEREAS, the program provided homeless participants a work uniform and interview attire; and WHEREAS, the program provided crucial skills experience to enable its participants to prepare for employment interviews and to seek resources to help them end their personal homelessness; and WHEREAS, the program successfully employed 22 formerly homeless persons and 10 of these people were able to find permanent employment prior to the completion of the City's 32-hour employment program; and WHEREAS, HOPE and its workers were able to engage 619 non-duplicated people in the streets during 678 unique engagements; and WHEREAS, the Administration recommends retroactively approving the award of $60,000 to HOPE to support the city's efforts to end homelessness in our city, Page 417 of 757 333 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission hereby waive, by 5t7th vote, the competitive bidding requirement, finding said waiver to be in the City's best interest, and retroactively award $60,000 to H.O.P.E. in Miami Dade, Inc. for the provision of employment services for the homeless; and further authorize the City Manager to execute all necessary agreements. PASSED AND ADOPTED this day of 2017. ATTEST: CITY CLERK MAYOR APPROVED AS IO FORM & LANGUAGE & FOR EXECUTION ti 1,7 Page418 of757 334 335 Ordinances - R5 A MIAMI BEACH TO: FROM: DATE: SUBJECT: REGOMMENDATION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8,2017 . ANALYSIS BACKGROUND On May 11,2016, at the request of CommissionerAniola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (ltem RgO). On July 13,2016, the City Commission approved the ordinance establishing a temporary mor:atorium for the demolition of any 'Contributing'structure within the following areas of the North Beach Master Plan study area: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 10:00 a.m. First Reading Public Hearing DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY AN ORDINANCE OF THE IMAYOR AND CITY COMMISSION OF THE CITY OF MtAMt BEACH, FLOR|DA, pERTAtNtNG TO THE SUBJECT OF A StX (6) MONTH MORATORIUM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11,2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDINc FOR AN EXPIRATION DATE. Page419 of757 336 ' The "North Shore National Register District:" Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, BTth Street to the north, and Collins Court to the east. ' The "Normandy lsles National Register District:" Generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of lndian Creek to the east. As approved, the moratorium remains in effect for one hundred and eighty (180) days from the effective date of July 13,2016, wtrich is January 13,2017. At a special meeting on December 9, 2016, the City Commission directed the City Attorney to draft an ordinance extending the existing demolition moratorium to the area of Tatum Watenruay. PLANNING ANALYSIS The proposed moratorium is a limited extension of the existing moratorium, and raould apply to the demolition of any "Contributing" structure within the Tatum Watenruay area of the North Shore National Register District. Generally, the proposed moratorium will apply to properties fronting on Tatum Watenruay Drive, Byron Avenue and Crespi Blvd from 77th street to BTth street. The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to July 13,2016, which is the applicable date of the existing moratorium. lt would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium rryrculd remain in effect for one hundred eighty (180) days from effective date, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. Within ninety (90) days from the effective date hereof, City staff shall provide an interim report to the City Commission as to the progress being made in the preparation of the Master Plan and any associated ordinances. The ordinance is proposed to be effective, RETROACTIVE, to January |i,2017 . CONCLUSION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8,2017. Legislative Tracking Planning / Office of the CityAttorney Sponsor Commissione r R icky Ariola & Co-Sponsored by Vice-Mayo r J oy Malakoff Page 420 of 757 337 ATTACHMENTS: Description n Orclin*nco - FarmApproved nAd Page421 of757 338 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MtAMt BEACH, FLORIDA, pERTAtNtNG TO THE SUBJECT OF A StX (6) MONTH MORATORIUM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO GRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERT'ES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; FOR ZONING lN PROGRESS PURPOSES, TH|S ORDINANCE SHALL BE EFFECTIVE UPON FIRST READTNG OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVTDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. WHEREAS, the Mayor and City Commission have recognized the need for a temporary moratorium on the receipt of and processing of demolition permits to ensure the cornpletion of the regulations relating to the creation of conservation district regulations for Tatum Watenray, from Byron Avenue to the North, and77 Street to the South; and WHEREAS, as seen in WCI Communities, /nc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 20Aq, a court will not interfere with the legislative acl of lstablishing a temporary moratorium in processing plan where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless it is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare in its proper sense. ld.; and Smithfield Concemed Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 24311't Cir. 1990); and WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's legislative has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting the North Beach vision through the Master Plan process; and Page 422 ot 757 339 WHEREAS, while the planning process is being solidified, sorne key areas of emphasis have emerged as the essential foundations to ensure the creation of the conservation district guidelines while garnering widespread support throughout the community, including but not limited to a balanced strategy to promote historic preservation while supporting incentives for greater development, density and activation; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment that provides improved communities, enhances public benefits in the form of compatible architecture and uses, WHEREAS, the creation of a master plan and analysis of the impacts due to such plan on parks, recreation, open space, infrastructure, accessibility of emergency and public service vehicular tratfic and public safety and public facilities needs is important to the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission has noted the rapid demolition of a multitude of structures within the study area, and is concerned that the character of the community, and possible increase of incompatible uses or structures is of concern; and WHEREAS, the City in order to protect and preserve Tatum Waterway, while the City develops the conservation district regulations, the moratorium is necessary; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services and on how these structures are handling for land development reasons; and WHEREA$, the City requires time to review, consider, modify, process for adoption, and implementation regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the plan; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure the Community's problems are not exacerbated during the time it takes to formulate a regulatory scheme; and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCl Communities, lnc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.Zd 1369, 1375 (11ih Cir. 1993); and WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply lhe law retroactively, and (2) when allowed, the retroactive application is constitutionally permissible, in that the new law does not create new obligations, impose new penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed right of present enjoyment, ld.: and 2 Page 423 of 757 340 WHEREAS, the moratorium is not the retroactive application of a tax; and WHEREAS, the City rs not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code; and WHEREAS, the Mayor and City Commission desire to adopt a six (6) month moratorium on demolition permits. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLOR!DA: SECTION 1. RECITAIIi. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recltals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. MORATORIUM AREA. As of the effective date hereof, there is hereby imposed a Moratorium on the acceptance of applications for or the processing of applications for the demolition of any structure for properties fronting on Tatum Watenray and located on the west side of Tatum Waterway Drive and Byron Avenue from 77rh Street to 87th Street, properties located on the east side of Hawthorne Avenue from 77th Street to Crespi Boulevard, properties located on the east side of Crespi Boulevard from Hawthorne Avenue to 85th Street, and properties located on the north side of 85th Street between Crespi Boulevard and Byron Avenue; The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued priorto July'13, 2016; (ii) a building permitfordemolition issued priorto July 13, 2016; (iii) a laMul order of the building official; or (iv) an unsafe structures board order. SECTION 3. CON$TRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SEC.TION 4. DURATION OF MOFATOEIUM. This Ordinance shall remain in effect for one hundred eighty (180) days from effective date hereof, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach. Within ninety (90) days from the effective date hereof, the City staff shall provide an interim report to the Ci$ Commission as to the progress being made in the preparation of the Master Plan and any associated ordinances. $ECTION 7. SEVERABILITY. That if any clause, section or other part of this Ordinance shatt be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION E. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECUON 4. EFFECTIVE DATE. This Ordinance shall be effective, RETROACTIVE, to January 11,2016. J Page 424 of 757 341 PASSED and ADOPTED this day of ATTEST: CITY CLERK (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language 2417 MAYOR APPROVED AS TO - FORM AND LANGUAGE 4le-artjo* ?fl'i'r,i ".*, nttorneilN_t 4 Page 425 of 757 342 i Local e" Smte I lllrruni I{,"r*l}I irft*il ot(il*rr 1r i,iJi i *rxuuuLarm ,.-:..:l \ .1 1 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE PERTAINING TO A SIX.MONTH DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY JANUARY "11,2017 ilOTlCE lS HEREBY givcn lh,ll a Fi.g Fard{rg Fublin Hcarir0. vill lra h*l{, tjy th* Mdyor .io4 City Conrnid$ioner* of ll'6 Ciry o{ t{i.uri Bodd1, Flcri.li. in thc Cqnmi$Giofl Ch.ilnbs, 3rd Fl6r, Ciry Hrli, 1:S6 Conwotjoo Csnl€r Ddv., Mr;xni B+aai, Florialir, on Jtnurry 11, 2017 dl 10:0S a.m-. or irs 56oh !,1ir!;ili& ns the trrittrar cnn bo hatuil tq consirlcr AN O'IDINANEE SF THE MAYOR AND CITY COi.|MiSSIO}I OF THE CITY DF I"IIAI,{I S€ACH, FLORIDA. PEBTAINING TO THE SUBJECT CF A SIX i6) MO}JTH MOAATORIUM F'.P PROPENTES FR*NTING ON T*TLIM WAIERWAY ANO LOCATED Ot{-IHE IVEgT 9IDE OF TATUM Y./ATEF!'AY ORJVE AND B'/NON AVENUE FRL:M 774 STNE'T T{i 87I' STREET. Ff,CPERTIES LOCATED ON THE EAST SIDE OF HA'iVTHSRNE AVENUE FROh.I 77" STR€€T IO CRESP1 SOULEVAFD. PBCPESTIES LOCATEO ON THE EAST SiDE OF CRESPI B3-'LEVARO FROhI HAWTHORNE AVENUE TO 85!' $TRTET, AND FHOFEFTIES LOCATED ON THE NORIH SIOE OF 85'' STFEET BETWEEN CnESPI AOULEVAnD AND BYR,3N AVENUE: tMpOStNG A TEMpOFIARY M*RATORIUM UFCN THE R€CEIPT *F OF MOCESSNG OF APPLICATIC$IS. PEFI,IITS CH PENOING APpSOVALS PERTTdNTNG IO DEMOLITION OF STBUCTUB€S ON TATUM #ATEF{dAYi PROVtDtNci FOH AN EFFECTIVE OATE RETROACTIVE TO RFTST READING. JAHUAFY I 1, ?017i FCF ZQNING IN PROGAE$s PURPOSES, THIS 'EDINANCE SHALL BE EFFECTIVE LFDN FIRST REAOIN& CG THIS OFDIi'ANCE AND NO APPLICATIONS FCn DEII4oLITIoNI udlHIN THE DESIi:NATED AREA SHALL gE ,lccEPTED BY.IHE CITYIpFOvlDlNG FOE EXCEPIIONS; PROVIOING FOR SEVSMBILITY; REP€AL OF COI{FL|CT|NG OROTNANCE PROV|S|Ot'lS; AND PROVIDING FOlt AN ExnRAllON DAIE This i;r{)then(e is heao{r tdr.td rnru{drt & s*$ilfn !.05 0, aia +rft C.harr. ,^, g?t i.a}4! F.9. tnqti.ien tli beaittlcd to lhc Dlerninfi derofnoll aI 305.573 75a0. INTEftE 'ruD PAFnES afe ituitod to {ppa{ dl ihis m*riog, q be rt0rossttod b an &+nL or t, s}Srsr$ theiryiffi in wrilitrg Addr(a8s1 to rhs City Commissim, c,/g ths City Ciqh 1?O0 Conyolion Cstor Oriv$" .1, Floor, Cily H.dl, t!,li&ri Bedch, Re,ida 33139. Ttrb itetri iE dvnilills ler pshlic incpsLtriqrt d{ring nErftal bu6iaes hosr! ifi rh" Otli6 ol rho Ciry Clelk, ,700 cm*fiian Cst& Orivo, t, Flodr, Ciry HaH. fi,disri Boaoh. Flo.ida 33t39 T[i3 masling, or sy itim hqEin, may b$ Sontisu*d, and undor uch circun$tfiees, additimat lcoal notic{ nsd nol b€ Frovidad. pu.$uffd lo Ss({lao 29F,01Q5. Fl* St.r,, the Eity hs€by qdviffi rh6 public that il a psrwn dccid6$ (o app*l flny .leieiff mAdE by ti€ Gity Commi$i@ vlih ro8ped lo ny matt6 @nsi.ts€d nt t|s medlng or tt8 h€.dofi, such pdst ru.l onturg thd a vqu.lin B6rd ol thq pro@dingB iE m*dq shich l&qid ircludfr thg tg.timoay snd sidfr* upon wiich 'hs 6ppoal io io b6 b,*6d, This notie dae$ nsl os6littfi6 6n#t by rho City lor tho i.trgdudion or ad,nisslm of othffiiso itradmi5s,ihl$ gr irrst@trnt flidffiffi, nor do6s lt authorib chafi€ngsa sappdla nol olh$wis€ allryq' by law- To rtrlus*t thie malwlal in trhsr[ato lormal, sign lffigutg€ inlsprc|{ {fiFday notics rsluir€d), inlotmdlqn traffiss fst pssn6 filh dieabililieq a{.|/or &y a@mmo.ld;gn lo reds ey da@rsst or partioiFals in sy Gity{p$nsor€d ffeoddlf,os, cell305-904.2(80 ind.ol*t 1 tor EnOliEh or 2ls SpmiEh. thsr option 6:TTYumra msy call yia 711 {Florida Rctay Strvias). natael E, Grus.lo, Ciry Clsk Cfty ol Miami B*ach Page 426 of 757 343 AAIAMIBEACH TO: FROM: DATE: SUBJECT: 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS: AN ORDINANCE OF THE I\4AYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332, "[/AIN PERMITTED USES',; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recomrnends that the City Commission adopt the adopt the ordinance. ANALYSIS BACKGROUND At the February 10, 2016 City Commission neeting, while discussing item RSF, concerning the consolidation ordinance for alcoholic beverages, the Commission referred a discussion item to the Land Use and Developnent Committee (LUDC) pertaining to separate alcohol regulations for Alton Road and 17th Street. This proposalwas sponsored by Commissioner Joy Malakoff. On February 17,2016, the LUDC discussed the itemand continued the matterto March 30,2016. Staff was instructed to prepare a draft ordinance in accordance with the discussion, for review on March 30, 2016. On March 30, 2016, the Land Use Committee reviewed the proposed ordinance and transmitted it to the City Commission with a favorable recomnrendation. lnitially the proposed npdifications were to be located in Chapter 6 of the City Code. Subsequent to the recomrnendation of the Land Use Committee, it was determined that the npdifications needed to be in Chapler 142 of the Land Development Regulations, so that all regulations regarding alcohol hours of operation and conditional use criteria be located within the sarne chapter. Ordinances - R5 B COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2A17 10:05 a.m. Second Reading Public Hearing Page 427 of 757 344 On April 13,2016, the City Commission approved the proposed ordinance at First Reading and set a Second Reading Hearing for May 11,2016. The City Commission also referred the item to the Planning Board, prior to Second Reading. Additionally, the City Commission requested that the Planning Board further study the 17th Street portion of the legislation, particularly as it pertains to a 1OO-foot distance separation from single family uses. On furil 19, 2016, the Planning Board reviewed the proposed Ordinance and took the following action: 1. The Alton Road portion of the ordinance was transmitted with a favorable recomnrendation (6- 1). 1. The 17th Street portion of the ordinance was transmitted with an unfavorable recomrnendation (7-0) and the Board further recomrnended that this portion of the legislation be bi-fricated for further study. On May 11,2016, the City Commission approved the Alton Road portion of the legislation, and referred the 17th Street part back to the Land Use Committee for further study. On May 18, 2016, the Land Use Committee continued this item to June 15, 2016. On June 15, 2016 the Land Use Committee discussed the item and directed staff to revise the ordinance to amend Sec 142-332, and to require that entertainnent establishments in the affected area also include full kitchens. The rnatter was continued to the July 20, 2016 meeting of the LUDC. On July 20, 2016 the Land Use Committee endorsed the proposal, and recomnrended that the proposed new language in Sec. 142-332 only be applicable to 'dance halls'. Additionally, the Committee recomnrended that both dance halls and entertainment establishrnents in the affected areas be required to have double door vestibules from all sidewalk access points. These changes have been incorporated into the draft Ordinance for referral. On September 14,2016, at the request of Commissioner Joy Malakoff, the City Commission referred the subject Ordinance to the Planning Board (ttem C4 D). ANALYSIS The south side of 17h Street, between MeridianAvenue and LenoxAvenue, is zoned commercial high-intensity (CD-3). This area is directly across the street from residential uses (RM-1 and RS4) in the Palm View Historic District, which is comprised of low-rise apartrnent buildings and single family hones. Residents from Palm View have epressed a strong desire for operational restrictions on eating and drinking establishnents to the south of 17th Street, particularly with regard to the hours of operation, outdoor areas, and entertainrnent uses. Certain operational standards and regulations exist in the zoning code for the other parts of the City (e.9. North Beach, South of Fifth, and Sunset Harbor) that have a miXure of residential uses and destination eating and drinking establishrnents. However, new establishnents proposed to be located along 17th Street do not currently have the sane type of regulations. Cunently, alcoholic beverage and entertainrnent establishnrents not exceeding specified occupational load thresholds do not require Conditional Use review by the Planning Board in the commercial rcning districts along 17th Street. These thresholds are an occupational load of 300 or nore persons Page 428 of 757 345 for eating and drinking establishments without entertainnent and an occupational load of 200 or nore persons for establishments with enterlainment; the occupational load is determined by the Fire Marshall. Additionally, 5:00 am liquor licenses are permitted. At the direction of the City Commission on May 1 1, 2016, staff drafted a revised ordinance, specific to the 17th Street area. The previous draft legislation had proposed operational requirenents and hours restrictions on alcoholic beverage establishrnents and outdoor areas for properties south of 17th Street, from Meridian to LenoxAvenues. These initial draft requirements applied to establishnents where the entrance door of which was located within 100 feet of a single family residential use. However, the 100-foot distance separation proposed under the prior ordinance draft would have only affected a very limited number of properties. Pursuant to the direction of the Land Use Committee, the attached ordinance has been revised and updated to include the following revision to sec 142-332 For properties located south of 17th Street, between Lenox Avenue and Meidian Avenue, and properlies with a lot line adjoining Lincoln Road, from Collins Avenue to Atton Road, dane halls (as defined in-secti-onJ1L7 of this Code) licensed as alcoholic beverage establishments sha// only operate as restaurants with full kitchens and seruing full neals. Additionally, such dance halls, as well as entertainment establishments, on properties located south of 17th Stree| bettueen Lenox Avenue and Meidian Avenue, and properties with a lot line adjoining Lincoln Road, from Collins Avenue to Nton Road, shatt be required to install a double doorvestibule at a// arcess pintsfromthe sidewalk, with the exception of energency exits PLANNING BOARD REVIEW On November 15, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance to the City Commission with a favorable recomnendation. Additionally, the Planning Board recomrnended protections against dance halls from operating in the RM-3 district, at the eastern end of Lincoln Road (east of Collins Avenue). Specifically, concerns were expressed with the language proposed for deletion, which previously applied to the eastern end of Lincoln Road when the properties east of Collins Avenue were zoned CD-3; such properties are now zoned RM-3. It should be noted, however, that the section of the code proposed for arnendrnent has always been, and is still specific to the CD-3 district. Additionally, in the RM-3 district, dance halls would only be permitted as an arcessory use to a hotel and in nrost instances would require Conditional use Approval. uponrr On December 14,2016, the City Commission approved the subject ordinance at First Reading, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the ordinance. FINANCIAL INFORMATION Page 429 of 757 346 ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Legislative Tracking Planning Sponsor Vice-Mayor Joy Malakoff ATTACHMENTS: Description o *rdinance nAd Page 430 of757 347 17TH STREET SOUTH ALCOHOLI C BEVERAGE ESTAB LISH M ENT REGU LATIONS ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CtTy OF MtAMt BEACH, FLORIDA, AMENDTNG CHAPTER 142, "ZANING DISTRICTS AND REGULATIONS," ARTTCLE ll,..DISTRICT REGULATIONS," AT DIVISION 6, "CD.3 GO|1/IMERC!AL, HtcH tNTENStTy DISTRICT," SECTTON 142-332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF {7TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD;PROVIDING FOR CODIF|CAT|ON; REpEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the 17th Street corridor has historically been composed of low intensity retail, service and retall establishments, which primarily serve City residents; and WHEREAS, alcoholic beverage establishments in Miami Beach have been historically concentrated in the commercial and mixed-use entedainment districts along Washington Avenue, Collins Avenue, and Ocean Drive; and WHEREAS, the Palm View neighborhood, located to the north of 17th Street and to the south of the Collins Canal, is comprised of mainly single family residential uses and is divided by 17th Street from a CD-3 commercial high intensity diltrict; and WHEREAS, the City Code allows certain uses within the CD-3 district, which, absent mitigation, could be incompatible with adjacent residential uses in the Palm View neighborhood; and WHEREAS, stand-alone bars, entertainment establishments, and dance halls can sometimes be incompatible with the low scale character and quality of life of adjacent residential neighborhoods if not regulated; and WHEREAS, the Mayor and City Commission desire to encourage uses that ar.e compatible with the low-scale character of the neighborhood; and WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by ordinance, establish hours of sale for alcoholic beverages; and WHEREAS, Florida courts have rejected equal protection and due process challenges to Section 562.14, Florida Statutes (See Wednesday Night, lnc. v. City of Fort Lauderdale (Fla, 1973)); and Page 431 of757 348 WHEREAS, in Sfafe ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court recognized that "[i]t is so well settled that no citation of authority is required to support the statement that a municipality exercising the powers inherent in municipal corporations may reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of liquors within certain zones"; and WHEREAS , in Makos v. Prince (Fla. 1953), the Florida Supreme Court recognized that a county may establish separate zones for the hours of sale of alcoholic beverages, and that the regulation of hours need not be uniform throughout the county as a whole; and WHEREAS, Florida courts have consistently held that alcoholic beverage establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages (See Village of North Palm Beach v. S & H Foster's, lnc. (Fla. 4th DCA 2012); other Place of Miami, lnc. v. city of Hialeah Gardens (Fla, 3d DCA 1978)); and WHEREAS, Chapter 1, of the Land Use Element, Objective Z, "Land Use Compatibility," of the City's 2025 Comprehensive Plan (hereinafter "Plan"), specifies that the City's land development regulations will be used to address the location, type, size and intensity of land uses and to ensure adequate land use compatibllity between residential and non-residential land uses; and WHEREAS, Policy 2.1 of the Plan provides that the land development regulations shall continue to address the location and extent of nonresidential land uses in accordance with the Future Land Use map and the policies and descriptions of types, sizes and intensities of land uses contained in [the Future Land Use] Element; and WHEREAS, Policy 2.2 of the Plan provides that development in land use categories which permit both residential and non-residential uses shall be regulated by formalized land development regulations which are designed to ensure adequate land use compatibility; and WHEREAS, compatibility shall be achieved by one or more of the following: (1) enumeration of special land uses which may be particularly incompatible with residential uses and may be prohibited in specified areas or zoning districts; (2) enumeration of special land use administrative procedures such as Conditional Use approval, which require public hearings prior to special land use approval; (3) enumeration of special land use criteria s.uch as minimum required distance separations from residential districts or uses or allowable hours of operation, to ensure that non-residential special land uses are properly located with respect to any residential uses to which they may be incompatible; and (4) the verlical separation of residential and non-residential uses within mixed use buiHings through the use of land use regulations on accessory uses within residential buildings, and the identification of those types of cornmercial uses which are particularly incompatible with residential uses and which shalltherefore NOT be permitted in mixed use buildings; and, WHEREAS, in determining incompatibility, consideration shall be given to noise, lighting, shadows, access, traffic, parking, height, bulk, landscaplng, hours of operation, buffering and any other criteria that may be important to ensure that necessary safeguards are provided for the protection of surrounding property, persons, and neighborhood values; and 2of 4 Page 432 of 757 349 WHEREAS, in accordance with Chapter 1, Objective 2, Policies 2.1 and 2.2 of lhe Plan, is it is desirable to encourage uses in commercial districts that are properly balanced and compatible wilh the scale, character and context of adjacent residential neighborhoods; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142,"Zoning Districts and Regulations," Article ll, "District Regulations," Division 6, "cD-3, commercial, High lntensity District," is hereby amended as follows: DIVISION 6. - CD.3 COMMERGIAL, HIGH INTENSITY DISTRICT Sec, 142-332. - Main permitted uses. The main permitted uses in the CD-3 commercial, high intensity district are commercial uses; apartments; apaftmenUhotels; hotels, alcoholic beverage establishments pursuant to the regulations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or less. Offices are prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless the office area is located in a mezzanine, or at least 75 feet back from the storefront; also apartments, apartmenUhotels and hotels located on that portion of Lincoln Road shall comply with section 142-335. For properties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and properties with a lot line adioinino Lincoln Road, fr.om Collins Avenue to Alton Road, dance halls (as defined in section 114-1 of this Code) licensed as alcoholic beveraqe establishments shall only operate as restaurants with full kitchens and servino full meals. Additionallv, such dance halls, as well as entertainment establishments. on Oroperties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and 0roperties with a lot line adioinino Lincoln Road, from Collins Avenue to Alton Road, shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emerqency exits. +e minimum ef 100 hetel units. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed, SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made parl of the Code of the City of Miami Beach, as 3of4 Page 433 o1757 350 amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EXCEPTIONS, This ordinance shall not apply to any valid, pre-existing permitted use with a valid business tax receipt (BTR). SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of ,2017. ATTEST:Philip Levine Mayor Rafael E. Granado City Clerk First Reading: Second Reading: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION December 14,2016 January 11,2016 Verified By: Thomas R. Mooney, AICP Planning Director T:\AGENDAu016\December\Ptanning\l7th streetAlcohol Regulations - First Reading oRD.docx 4of4 Page 434 of 757 351 22NE I I NEIGHBORS I TuuRsolv otcrNgtn lg:orr I urmrrrnrLo.com , *., .,",1][A(--f , CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING JANUARY 11,2017 NOTICE lS HEREBY given that a public hearing will be held by the Mayor and City Commissioners ol the City ot Miami Beach, Florida, in the Commission Chamber,3rd Floor, Cily Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 11, 2O'r7, ai the time listed. or as soon thereatter as the matter can be heard, lo consider: 11:45 a.m. A R€SOLUTION OF THE MAYOB AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 20,16/17. This Resolution is being heard pursuant to Sections 166.041 and 166.241 F.S. lnquiries may be directed ta the Oflice of Budget & Pertormance lmprovement at s05.673.751 0. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, l"tFloor, City Halt, Miami Beach, Florida 33'139. This item is available lor public inspection during normal business hours in the Ofiice of the City Clerk, 1700 Convention Center Drive, l"rFloor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the pubtic that if a person decides to appeal any decision made by the Ctty Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record o{ the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission ol otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate lormat, sign language inierpreter (tiveday notice required), intormation 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 tor English or 2 for Spanish, then option 6; TTY users may call via 71 1 (Florida Relay Service). Members of the public may present audio/visual (AV) materials relating to Agenda Items at City Commission meetings held in the Commission Chamber by utilizing the City's AV equipment, provided lhat materials are submitted to the Department oI Marketing and Communications by 8:30 A.M., one (1) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan lor the use of the appropriate AV equipment. AV materials may be submitted via email at communicationsmiamibeachtl.gov; or hand delivered in a iump drive, CD or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue, Fifth Floor, Miami Beach, FL 33139. Presentations, videos or links must include a label noting the name or group, contact person, daytime telephone number, email address, description/title of the presentation and Agenda ltem Title as well as the Agenda ltem number. Acceptable formats ,or electronic submission are .pdr, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the prelerred format ,or PowerPoint presentations.) Ralael E. Granado, City Clerk City of Miami Beach Ad No. 1259 Paoe 435 ot 757 MlAj\AIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING 17TH STREET SOUTH ALCOHOLIC BEVEHAG E ESTABLISH M ENT REGULATIONS: JANUARY 11,2017 NOTICE lS HEREBY given that a Second Beading, Public Hearing, will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber. 3'd Floor, City Hall, 17O0 Convention Cenler Drive, Miami Beach, Florida, on January '|.1,2O17 at 10:05 a.m., or as soon therealler as the matler can be heard, to consider the adoption of the {ollowing Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," AFITICLE II, "DISTRICT BEGULATIONS," AT DIVISION 6, "CD.3 COMMEBCIAL, HIGH INTENSITY DISTRICT," SECTION 142.332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTEBTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN BOAD, FROM COLLINS AVENUE TO ALTON BOAD; PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Seclion 118-164 ot the City's Land Development Code, Section 2.05 of lhe City Charter and Section 166.041 Florida Slalues. lrqu,fles may be directed to the Planning Department at 305.673.7550. INTEBESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission. c/o the City Clerk, 1700 Convention Center Drive, l"tFloo( City Hall, Miami Beach, Florida 33139. This item is available {or public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1!IFloor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respecl to any matter considered at its meeting or ils hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constilute consent by the Ciiy for the introduction or admission ot otherwise inadmissible or irrelevant evidence, nor does il authorize challenges or appeals nol otherwise allowed by law. To request this material in a,lernate tormat, sign language interpreter (five-day notlce required), inlormation on access for persons with disabilities, and/or any accommodalion to revlew any document or parlicipate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ratael E. Granado, City Clerk City ot Miami Beach Ad 1256 352 353 Ordinances - R5 C MIAAAIBEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 10:10 a.m. Second Reading Public Hearing SUBJECT: COMPREHENSIVE PLAN . TRANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE IVIAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENTITLED 'LAND DEVELOPMENT REGULATIONS," TO ALLOW ''TRANSIT INTERMODAL FACILITIES'' AS A PERMITTED USE WITH IN THE FOLLOWING LAND USE CATEGORIES: LOW INTENSITY COMMERCIAL CATEGORY (CD-1), MEDTUM INTENSTTY COMMERCTAL CATEGORY (CD-2), HIGH INTENSITY COMMERCTAL CATEGORY (CD-3), pUBLtC FAC|LtTy HOSPITAL - PF (PF-HD), PUBLTC FACrLrry GOVERNMENTAL USES (pF), PARKING (P), GENERAL MIXED USE COMMERCIAL ''PERFORMANCE STANDARD" CATEGORY (CPS-2), TOWN CENTER CORE CATEGORY (TC-1), AND TOWN CENTER COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION ''RECREATION OPEN SPACE" (ROS)ALONG THE JULTA TUTTLE TO "pUBLtC FAC|Ltry' (pF); AMENDING THE PARKING (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED,LEVEL OF SERVICE," TO REFLECT THE CITYS ADOPTED MODE OF TRANSPORTATION HIERARCHY OBJECTIVE 2, ENTITLED''COORDINATION WITH LAND USE,' TO DETAIL THE NEEDS FOR TRANSIT INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED ,ROADWAY PLANNING, DESIGN AND CONSTRUCTION,' TO INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLED "MASS TRANSIT," TO ENCOUMGE MASS TRANSIT OPTIONS THROUGH THE 2015 TRANSPORTATION TUASTER PLAN; OBJECTIVE 5A, ENTITLED 'TRANSIT MODE'' TO DETAIL OPTIONS FOR TRANSPORTATION INFRASTRUCTURE; OBJECTIVE 6, ENTITLED "MULTI-MODAL TRANSPORTATION AND MOBILIry OPTIONS,* TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTTTLED "ENHANCE, PROTECT, AND PRESERVE THE CITYS NEIGHBORHOODS," TO CLARIFY COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED "PARKING," T0 ENCOUMGE SMART PARKING SYSTEMS; OBJECTIVE 't0, Page 436 of757 354 ENTITLED ''TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS,'' TO REQUIRE COORDINATION RELATING TO ''TRANSIT INTERMODAL FACILITIES;" THE GLOSSARY OF TERMS TO TNCLUDE THE TERM ''TRANSIT INTERMODAL FACILITY' AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Comprehensive Plan and Land Developnent Regulations anendnents. ANALYSIS BACKGROUND On June 8,2016, at the request of Commissioner Ricky Aniola, the City Commission refened the proposed ordinance amendments to the Land Use and Development Committee (ltem c4N). On June 15, 2016 the Land Use and Development Committee recommend that the City Commission refer the proposed ordinance amendments to the Planning Board. Additionally, the Land Use Committee recommended that an option for main use Transportation lntermodal Facilities be incorporated. On July 13,2016, the City Commission referred the proposed ordinance amendments (ltem R9l) to the Planning Board for review and recommendation. ANALYSIS The Miami Beach Transportation Master Plan (TMP) was adopted by the Mayor and City Commission in April 13, 2016, the first comprehensive mobility plan in the City since 1999. A key component of the plan is the modal hierarchy adopted by City Commission at the July 8, 2015 meeting, as part of the plan development process. The adopted modal hierarchy consists of the following prioritization order: . Pedestrians' Transit, Bicycle, Freight (depending on the conidor)' Private Vehicles The adopted modal hierarchy increases person through-put along City corridors, while at the same time addressing safety and mobility needs for bicyclists and pedestrians. Based on the projects recommended in the TMP consistent with this mode hierarchy, projects that could be implemented in the next 5 years, depending on funding availability, could increase corridor capacity in some conidors by as much as 50% person trips. lncreases in bicycle and pedestrian trips also increase the health of the City and further reduce traffic inducing vehicles. The TMP identified priority transit and bicycle/pedestrian conidors throughout the City and identified the potential areas for future transit facilities throughout the City (Attachment 1). Page437 of757 355 Further, the TMP identified transfers as an essential part of an effective transit system because they maximize the coverage area and diversity of active transpoftation services. Hence, in order to obtain a successful transit environment, it is of critical importance to provide efficient and attractive transfer stops/centers to improve the quality of transit services as well as support the surrounding community. Transfer stops, transfer center/stations, and park-and-rides (intercept garages)are all defined in the TMP as different types of transit infrastructure. The TMP defines Transfer Centers/Stations as "a more elaborate transfer facility that may accommodate more than two articulated buses and may include amenities such as retail, restrooms and lounge". The locations for the desired transit infrastructure improvement from the TMP are summarized in the attached map. Further, the City Commission has discussed the need for parking facilities at intercept locations throughout the City. lntercept garages have been identified as part of the City's mobility plans for over 15 years. lt is recommended that these be incorporated as part of transit intermodal facilities. During discussions with Miami-Dade Transit for a potential Mid Beach transit intermodalfacility as recently as last year, it was recommended that the minimum parking space requirement was 75 parking spaces. The City is in the process of conducting a parallel environmental review and procurement for a Light Rail/Modern Streetcar project in the South Beach area. The Light Rail/Modern Streetcar includes two conidors with tracks in dedicated rightof-way: Phase 1in the vicinity of 5th Street to Washington Avenue north to Dade Boulevard and Phase 2 in the vicinity of 17th Street to Alton Road south to 5th Street or South Point Drive. The vicinity of Alton and 5th Street has been identified with a need for a transit intermodal facility. Longer term plans, already in the Metropolitan Planning Organizations Long Range Transportation Plan for Miami-Dade County, include extensions from this alignment north on Collins Avenue to the City limits which will similarly require intermodal facilities in the longer term. ln addition, the need for a transit intermodal facility in the vicinity of 41st Street and the Julia Tuttle lnterchange (l-195) has been endorsed by the Mayor and Commission as recently as March 2016. The City's consultant for the environmental review for the Miami Beach Light Rail/Modern Streetcar project provided the following general input regarding transit intermodal facilities (major intermodal facilities): Major intermodal facilities may include multilevel parking garages, and in conjunction with ancillary joint development activities such as the Denver Union Station and ARTIC in Los Angeles. Analogously transit hubs do not need to be large to be effective, especially if they are sited well so that they use the surrounding street system effectively. Transit hubs as small as one-half (0.5) acre in size are operating in the United States. They can serve well as modestly sized transit hubs providing convenient connections between streetcas, BRT, busways and bus lines, while offering some pedestrian amenities and services. Accordingly, staff is recommending that Transit lntermodal Facilities be defined as"a transfer facili$ that provides convenient connections between strcetcars, bus rapid tnnsit (BRT), busways and bus lines, while offeing some pedestrian and bicycle amenities and seruices; accommodates more than two (2) articulafed buses; provides accessoty parking spaces af intercept locations, genemlly between 75 and 500 spaces; and may include amenities such as retail, restrooms and lounge areas." Page 438 of757 356 The proposed ordinance amendments would address changes to the City code to define Transit lntermodal Facilities, provide for transit intermodal facilities to be allowed as a permitted use in certain land use categories of the comprehensive plan, allow residential use as parl of a transit intermodal facility, provide for additional height and accessory uses within a transit intermodal facility sufficient to offset the height needed for the intermodal facility within the development. Comprehensive PIan Amendment Various amendments are being proposed to the City's 2025 Comprehensive Plan in order to allow for the implementation of a Light Rail/Modern Streetcar and ensure consistency with the adopted Transportation Master Plan and Bicycle Master Plan in order to encourage the development of Transit I ntermodal Facilities. The amendment generally proposes the following modifications to the Future Land Use Element: Allow"Transit lntermodal Facilities" as a permitted use with in the following future land use categories (See the map at the end of this report): ' General Mixed Use Commercial "Performance Standard" Category (CPS-2)' Public Facility Hospital - PF (PF- HD)' Public Facility: Governmental Uses (PF)' Parking (P)' Commercial High lntensity (CD-3)' Commercial, Medium lntensity (CD-2)' Commercial, Low lntensity (CD-1)' North Beach Town Center Core (TC-1)' North Beach Town Center Mixed Use (TC-2) Allow uses which are permitted in sunounding land use categories, including, but not limited to, residential and commercial uses, \l'len associated with a transit intermodal facility or parking facility within the "Parking' (P) Future Land Use category. Amending the Future Land Use Map to modify the designation of properties along the Julia Tuttle Causeway from "Recreation Open Space" (ROS) to "Public Facility'' (PF) to allow for the possibility of a Transit lntermodal Facility, since a park is not practical within the Julia Tuttle Causeway/Alton Road interchange. The amendment generally proposes the following modifications to the Transportation Element: ' Allow for the City Commission to exempt publicowned facilities and Transit lntermodal Facilities from concurrency requirements through the Land Development Regulations' Encourage the development of Transportation lntermodal Facilities' Ensure consistency with the Transportation Master Plan' Ensure consistency with the 2015 Bicycle and Pedestrian lvlaster Plan' Reflect the City's Adopted Mode of Transportation Hierarchy' Encourage mass transit options Page 439 of757 357 ' Clarify strategies to implement multi-modal transporlation options' Encourage smart parking systems' Define "Transit lntermodal Facility'' Additionally, the lntergovernmental Coordination Element is proposed to be modified to ensure that the City coordinates the planning and development of lntermodal Transit Facilities with Miami-Dade County, the Miami-Dade Metropolitan Planning Organization (MPO), and surrounding municipalities, as applicable. Land Development Regulations Amendment Amendments are proposed to the Land Development Regulations which would allow for the development of Transit lntermodal Facilities. The proposed amendment provides two options for their development. The first is as an accessory use to a Main Use Parking Garage. The second is as a main use Transit lntermodal Facilities; a vehicle parking requirement is also included as part of this option. Under both alternatives, an additional five (5) stories beyond what the undedying zoning allows would be permitted in order to be able to accommodate future transit facilities City wide. Additionally short-term and longterm bicycle parking requirements are also established for such facilities. The amendment would allow Transit lntermodal Facilities within the CD-1 , CD-2, CD-3, HD, C- PS2, TC-1 ,TC-2 and GU districts, provided the underlying Future Land Use designation in the Comprehensive PIan authorizes the use. However, before a Land Use can consider a Transit lntermodal Facility, the City Commission would be required to authorize the use at a particular site, pursuant to the following criteria: Whether the Transportation Department has certified if there is a need for an lntermodal Transit Facility at the proposed site; Whether there is a contract or interlocal agreement for public transit operations at the proposed site with the City of Miami Beach, Florida Department of Transportation (FDOT), Miami-Dade County, or other entity authorized to operate public transit seruices within the City of Miami Beach; and Whether the proximity of the proposed transit intermodal facility to other transit intermodal facilities creates adverse impacts and how such impacts are mitigated. Additionally, the amendment provides the City Commission the ability to waive Land Development Regulations requirements, with the exception of Historic Preservation and Design Review processes, by a five-sevenths vote. This is proposed in case there are unforeseen Iimitations Wthin the Land Development Regulations that impact the ability to accommodate a Transit lntermodal Facility in an area where it is needed. Comprehensive Planning Process This application includes a text amendment to the Future Land Use and Transportation elements of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before Page 440 of 757 358 the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. lnterlocalAgreement for Public School Facility Planning The 2005 Florida Legislature adopted lararc which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovemmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurTency. Final site plan approval of any future development would be contingent upon meeting Public School Concurrency requirements and any applicant will be required to obtain a valid School Concunency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. ln the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit. PLANNING BOARD REVIEW On August 23, 2016, the Planning Board transmitted the proposed Comprehensive Plan Amendment to the City Commission, with a favorable recommendation. The Planning Board recommended the following modifications, which have been incorporated into the attached draft Ordinance: 1. A modified title with minor clarifications. 2 . The removal of private vehicle targets, and setting targets for the altemative modes of transportation as minimum targets for the City's 2035 vision in Transportation Policy 6.5. Additionally, on August 23, 2016, the Planning Board transmitted the proposed amendment to the Land Development Regulations to the City Commission with a favorable recommendation. The Planning Board recommended the following modifications to the draft LDR Ordinance; these proposed modifications have not been incorporated into the attached draft Ordinance: 1 . tvlodify section 130-32 to provide an alternative measure for parking requirements, subject to available use projections for specific transit intermodalfacilities. 2. Removal of the City Commission Waiver provisions from section 130-68 (10)(e) and section 142-1301 (d). SUMMARY/UPDATE As indicated previously, the Administration has no objections to the recommendations of the Planning Board. ln particular, the proposed modification to section 130-32 to provide an altemative measure for parking requirements, subject to available use projections for specific transit intermodal facilities, would be very useful. ln furtherance of this, the administration also recommended that a fixed minimum parking space requirement be made to this revision for clarity purposes. Page 441 of 757 359 Regarding the recommendation to remove the ability of the City Commission to grant development regulation waivers in sections 130-68 (10)(e) and 142-1301 (d), the Administration recommended that the City Commission still have the ability to grant waivers pertaining to parking requirements in Chapter 130 of the Land Development Regulations. The Administration has no objection to the removal of City Commission development regulation waivers for all other provisions related to Transit lntermodal Facilities. Additionally, upon further review the Administration recommended that Section 142-1302 be modified to better quantify the areas of a building that will be considered as part of the main use intermodal transit facility. This will ensure that the applicable regulations apply to'main use' transit intermodal facilities. Specifically, the following additlonal language, in bold doubte underscore, was recommended and approved at First Reading: Sec. 142-1302. - Additional Regulations. For purposes of this subsection, at least 51Yo of the gross floor area of a main use transit intermodal facility shall meet the definition of a "transit intermodal facility" in section 114-1. ln addition to the regulations of the undelying zoning distict and any overlay district, the following regulations shall apply to all main use tra n si t i nte rm od a I faci I iti e s. On September 14, 2016, the City Commission dlscussed the proposed LDR and Comprehensive Plan Amendments and continued both items to a date certain of October 19, 2016. As part of the discussion, the Commission also requested that a definition for'streetcar' and 'bus rapid transit' be created, wtrich would meet the Federal Department of Transportation criteria for funding eligibility. On October 19,2016, the City Commission approved the subject Ordinance amendments at First Reading, with all of the aforementioned modifications; these revisions have been included in the revised ordinance draft for Second Reading. Additionally, as part of the discussion of the item at First Reading on October 19,2016, there were some comments made regarding Sec 142-1302(c) of the proposed Transit Hub Ordinance, which states the following: An additional 50 feet/five (5) sfones shall be permitted beyond what would be otherwise permitted in the underlying zoning distict or overlay distict, as applicable. Under the above wording of the ordinance, which was approved at First Reading, the additional 5 stories / 50 feet in height allowed under Sec '142-1302(c) of the proposed Transit Hub Ordinance (if approved by the City Commission as part of a Transit Hub development)would be above and beyond the specified heights of the underlying zoning district. This would be the case even if the maximum heights in the underlying zoning districts exceed 5 stories / 50'. ln reviewing the possible locations for future Transit lntermodal Facilities, Planning and Transportation staff did not identify any sites within local historic districts that would need more than 10 stories / 100 feet in total. As such, the administration believes that the wording of Sec 142-1302(c) could be finetuned as follows: An additional 50 feeUfive (5) stories shall be permitted beyond what would be othenruise permitted in the underlying zoning district or overlay district. as applicable. Notwithstanding the foregoing. in the event that the property is located within a Page 442 of 757 360 locally designated historic district. the maximum height shall not exceed 100 feet / 10 stories. regardless of the height limit of the underlying zoning district. On December 14,2A16, the proposed Comprehensive PIan Amendment was still under review by the State Land Planning Agency and other review agencies. As such, in order to allow the state agencies sufficient time to review and comment, both the items were continued to the January 11,2017 City Commission meeting. As of the taniting of this memorandum, the State Department of Economic Opportunity has indicated that their are no objections to the proposed comprehensive plan amendment. Additionally, the staff of the South Florida Regional Planning Council (RPC) has provided vebal support for the proposed comp plan amendment. However, before the RPC recommendation can be formally transmitted, the full RPC Board must vote on the item. The RPC is scheduled to vote on the transmittal on January 9,2A17 . CONCLUSION The Administration recommends that the City Commission adopt the Comprehensive Plan and Land Development Regulations amendments. Additionally, the Administration recommends the following modification for Sec. 142-1302(c) of the LDR Amendment, in bold / double underscore. be included in the adopted ordinance: Sec. 142-1 302. - Additional Regulations. For purposes of this subsection, at least 51% of the gross floor area of a main use transit intermodal facilitlr shall meet the definition of a "transit intermodal faciliBr" in section 114-1. ln addition to the regulations of the underlying zoning district and any overlay district, the following regulations shall apply to all main use transit intermodal facilities: (c ) An additional 50 feeUfive (5) stories shall be permitted beyond what would be othenrvise permitted in the underlying zoning district or overlay district, as applicable. Notwithstanding the foregoing. in the event that the property is located within a locally designated historic district. the overall maximum height shall not exceed 100 feet / 10 stories. regardless of the height limit of the underlying zoning district. FINANCIAL INFORMATION ln accordance with Charter Section 5.02, wtrich requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Legislative Tracking Page 443 of 757 361 Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description n *rdinance o FxfiihitACnmp Flan Map n TMP Facility Map nAd Page 444 of 757 362 COMPREHENSIVE PLAN - TRANSIT INTERMODAL FACILIT'ES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENTITLED "LAND DEVELOPMENT REGULATIONS," TO ALLOW "TRANSIT INTERMODAL FACILITIES" AS A PERMITTED USE WITH lN THE FOLLOWING LAND USE GATEGORIES: LOW |NTENSITY COMMERCTAL CATEGORY (CD.1), MEDTUM tNTENStTy coMMERC|AL CATEGORy (CD-2), HtGH tNTENSTTy COMMERCTAL CATEGORY {CD-3}, pUBLtC FACtLtTy HOSPITAL - pF (PF-HD}, pUBLtC FACILITY: GOVERNMENTAL USES {PF), PARKING (P), GENERAL MTXED usE coMMERCtAL,,PERFORMANCE STANDARD" CATEGORY (CpS-2), TOWN CENTER CORE CATEGORY (TC.1), AND TOWN CENTER COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODtFy THE DESIGNAT|ON ,,RECREAT|ON OPEN SPACE' {ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING THE PARKTNG (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCTATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTTTLED..LEVEL OF SERVICE," TO REFLECT THE CITY'S ADOPTED MODE OF TRANSPORTATION HIERARCHY;OBJECTIVE 2, ENTITLED,,COORDINATION WITH LAND USE,'' TO DETAIL THE NEEDS FOR TRANSIT INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED "ROADWAY PLANNING, DESIGN AND CONSTRUCTION," TO INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION oPTION$; OBJECTTVE 4, ENTITLED "MASS TRANSIT," TO ENCOURAGE MASS TRANSIT OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE'' TO DETAIL OPTIONS FOR TRANSPORTATION INFRI\STRUCTURE; OBJECTIVE 6, ENTITLED "MULT|- MODAL TRANSPORTATION AND MOBILITY OPTIONS,'' TO CLARIFY STRATEGIES TO IMPLEMENT MULTI.MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE, PROTEGT, AND PRESERVE THE CITY'S NEIGHBORHOODS," TO CLARIFY C0ORDINATING AGENCIES AND STRATEGIES; OBJECTTVE 8, ENTTTLED "PARKING," TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE10, ENTITLED "TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS," TO REQUIRE COORDINATION RELATING TO "TRANSIT INTERMODAL FAGILITIES;" THE GLOSSARY OF TERMS TO INCLUDE THE TERM 'TRANSIT INTERMODAL FACILITY'' AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WTHIN THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; $EVERABILIW; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission have recognized the need to encourage the development of transit infrastructure in the City; and 4Aeqis"&?qz 363 WHEREAS, the Mayor and City Commission recognize the need to construct facilities that allow for safe and convenient transfer between various modes of transportation; and WHEREAS, the Mayor and City Commission have recognized the need to coordinate the development of transit infrastructure with regional transportation plans; and WHEREAS, The City of Miami Beach Planning Board, which serves as the local planning agency, transmitted the amendments to the City Commission with a favorable recommendation; and WHEREAS, the City Commission held a duly noticed public hearing, at which time it voted to transmit the text amendrnents for review by state, regional and local agencies as required by law; and WHEREAS, the City Commission after careful consideration of lhis matter deems it advisable and in the best interest of the general welfare of the City of Miami Beach and its inhabitants to amend the 2025 Comprehensive Plan as hereinafter set forth; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's 2025 Comprehensive Plan Future Land Use Element is hereby adopted: OBJECTIVE 1: LAND DEVELOPMENT REGULAT,OfVS Future growth and development, redevelopment and rehabllitation witl be managed through the preparation, adoption, implementation and enforcement of land development regulations. Policy 1.2 The land development regulations which implement this Comprehensive Plan shall, at a minimum, be based on and be consistent with s.163.3202, F.S., and shall further be based on the following standards for land use category, land use intensity and land use: Low lntenslty Cammercial Category $D.1) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new low intensity commercial areas which primarily serve surrounding residential neighborhoods. 4aeef6{r?gz 364 Uses which may be permitted: Various types of commercial uses including business and professional offices, retail sales and service establishments, eating and drinking establishrnents, anSapartment residential uses. and transit intermodal facilities. Medium lntensity Commercial Category PD-z) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new medium intensity commercial areas which serve the entire City. Uses which may be Permitted: Various types of commercial uses including business and professional offices, retailsales and service establishments, eating and drinking establishments, apartment residential uses, apartment hotels,-+nC hotels. and transit intermodal facilities. High lntensity Commercial Category GD-3) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing andlor new medtum intensity commercial areas which primarily serve the entire City. Uses which may be Permitted: Various types of commercial uses including business and professionaloffices, retail sales and service establishments, eating and drinking establishments, apartment residential uses, apartment holels,-and hotels. and transit inteJmodalfacilities. Public Facility Hospital - PF (PF- HD) Purpose: To provide development opportunities for existing hospitalfacilities. Uses which may be permitted: hospitalfacililies. and transit intermodalfacilities, Public Facility: Governmental Uses (Pfl Purpose: To provide development opportunities for existing and new government uses. Uses which rnay be permitted: Government uses. and trar,rsJ! intermo . Parking (P) Purpose: to provide development opportunities for existing and new parking facilities. Uses which may be permitted; Parking facilities and €6mm€r6ia+{J€€€-r#hen lsseted en front transit intermodq,l f.aciliti?s. Additional uses which mav be permitted are those permifted in sunoundinq land use,caieaoiies. f^881ffi&%t 365 includinq. but not limited to, residential and comme!'_cial uses when associated with a transit intermodal facility or parkino facilitv. General Mixed use commercial "Performance standard" category (c.pszl Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new residential areas which accommodate a mix of different residential types developed in accordance with flexible design standards. Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, lownhouse dwellings, apartments, apartment hotels, hotels and-commercial uses, and transit intermodal facilities. Town Center Core Category (TC-1) Purpose: To encourage and enhance the high-intensity commercial employment center function of the Town Center's core area, as well as, support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental seryices, culture and entertainment. Uses which may be Permitted: Various types of comrnercial uses including, business and professional otfices, retail sales and service establishments, eating and drinking establishments, and-apartment residential uses, apartment hotels,-and hotels. and transit intermgdalfacilities. Town Center Commercial Category (TC-2) Purpose: To provide support for medium intensity mixed-use (residential/nonresidential) projects with active retail ground floor uses. Uses which may be Permitted: Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinking establishrnents, apartment residential uses, hotels,-effC apartment hotels, and transit intermodal facilities. qEC.IION 2. The following amendment to the City's 2025 Comprehensive Plan Transportation Element is hereby adopted: Goal: TRANSPORTATION ELEMENT It shall be the goal of the city of Miami Beach to provide, maintain and improve a sustainable, safe, convenient and anergy efficient multi-modal transportation system which: ls focused on the mobility of people, not merely vehicles. E^Wzt*t#t 366 ls coordinated with the City's Land Use Element. ls multi-modal as it recognizes and promotes alternative modes of transportation including: automobile, public transportation, bicycle and pedestrian, as well as levels of service and parking needs. based on the Citv's adooted mode of transportation hierarchv, as selforth in policv 1.5.ls consistent with sustainable and environmentally friendly growth management principles. ls coordinated with the regional transportation network and other governmental agencies. Balances the needs of all current and future users. Ensures the economic vitatity of the businesses within the City. Enhances the quality of life for the City's neighborhoods residents. OBJECTIVE 1: LEVEL OF SERVICE (please see Glossary of terms) To provade for a safe, convenient, balanced, efficient and effective multi-modal transportation system with a Level of Service (LOS) for multiple transportation modes. Policy 1.1 Roadway Basic Level of Service Policy1.2: Roadwav.Level of Service for Transportation Concurrency Management Areas Policy 1.3: Adhering to Level of Service The City shall ensure that no development approvals are issued that would result in traffic volumes surpassing the cumulative allowable area-wide service volume based on the sum of the individual roadways' Level of Service Standard within the Transportation Concurrency Management Areas, However. City Commission nLay exempt publiclv-owned facilities and Transit lntermodal Facilities thrquqh the Land Development reoulations. Policy 1.4: Modification of Functional Classification The City shall consider the impacts of any future modification of the functional classification of various roadways on the allowable service volumes on specific roadways. Policy 1.5: Multi-Modal Level of Service {please see Glossary of terms) Roadway level of service is insuf{icient as a measure of multi-modal mobility in a mature city with land use intensities, mixed uses and the economic vitality such as Miami Beach. The City a a a €Aee&dr?Ez 367 hasundertakenanexaminationoftotalmobility@'natt6mf'l-toshift from roadway capacity and level of service to an overall mobility system capacity and level of service. This will require quantifying eaBaeities and levels of servic€.fo@ syst ion ef mebility irnprevements, The City's adopted 2015 Transportation Master Plan and adopted modal prioritization reflects the prioritization of transit throuoh the development of exclusive transit lanes in the lonq lerm. while at the same time prioritizinq bicycles and pedestrians (dependinq on the corridors) to oromote the safetv of these alte.rnative mqdes and the health of the communitv. The mode hierarchv oJ the City is 1 * pedestrians. 2 - transit, bicvcles. freiqht (dependino on the corridor). and 3 -private vehicles. OBJECTIVE 2: COORDINATION WITH LAND USE The City shall evaluate its transportation system as it relates to the land use element of this comprehensive plan in an effort to encourage commercial development which is mixed use, multi.modal (intermodal transit facilitv. transit center, or transit stop) in nature and which ultimately enhances mobility. Poltcy 2.2: lmpact of Land Use Changes on the Multi-Modal System The City shall assess the impacts of future land use changes on the overall transportation syslem, including roadway, transit (includino but not limited to liqht rail transiUmodern streetcar, bus. trollev. rail. and marine), bicycle and pedestrian levels of service. Policy 2.3: Transit Oriented Design (TOD) and Transit lntermodal Facilities, Transfer Centers and Stops (please see Glossary of terms) By 2015, the City shall examine the type of incentives and create design guidelines for TODs within the City. The City shall include transit intermodal facilities. transfer centers and transfer stops into Land Use and Desiqn Guidelineg to achieve contexlsensitive integration with residential and commercial land uses. Locqlions, for maintenance and storaqe of transit infrastru.cture may be incoroorated into such facili.ties. Policv 2.4 Transfer Locations The Citv shall maintain regular coordination with Miami-Dade Countv Department of Transporlation and Public Works (DTPW) to conslruct transit intermodal facilities and transfer centers lo serve existinq and future multi-modal transportation uses. The City shall ensure success of the transit environment and transfer ootions to facilitate safe. efficient and convenient transfers and highest standards of oassenger amenities to serve transit riders. Transfers-are gn ep,gq,0!!gl p?fl .ot__an effectivg,transit gygtem ,begglrse thev maximize lhe coverage area and moQility options. Hence. in order to obtain a successful transit pnv_irgnment. it is of critical importance to provide safe. efficient and attractive transfer stoos/centers to enhance mobilitv. orovide safe and amenity-rich transit services that suoport the surroundinq communitv throuqh context-sensitive desiqn and inteqralion. ln desiqnino transfer locations the 48sqS"Jr%z 368 Citv shall take into conqideration adiacent oroiects, integrate the culture of the surroundinq communitv, and potentially venture into ioint development with private land owners to create a mixed use transfpr localions, as aooropriate. Furthermore, the Citv sh.all ensure that ootential rloise, air quality, and other envirgnmental impacts are identified and mitiqated as appropriate. OBJECTIVE 3: ROADWAY PLANNING, DESIGN AND CONSTRUCTTON The City shall continue to provide for a safe, convenient, efficient and effective transportation system, which sustains the city's natural, aesthetic, social and economic resources. Policy 3.2: Roadway Projects The City shall undertake necessary steps to meet the required level of service on the links and intersections included in the City's transportation network, consistent with t Transoortation Master Plan, the 2015 Bicycle Pedestrian Master Plan, and th-e Miami Beach Street De$ign Guidelines LAoril 2016). The proposed projects are a result of the needs assessment performed as part of this Transportation Element and included in the Data, lnventory and Analysis section, Policy 3.4: Sustainable Development (please see Glossary of terms) The City shall plan, design and construct roadway projects and provide approval for commercial roadway projects that minimize consumption of non-renewable resources, limit consumption of renewable resources to sustainable yield levels, reuse and recycle its components, and minimize the use of land and production of noise. To this end, the City shall integrate multimodal transportation facilities to reduce reliance on automobiles through initiatives such as: r Trolley svstem expansion.. Liqht Rail TransiUModenlst!'.ggtqar development throuqhout the Citv to enable access to longer distances without the need for a private _vehicle.r lnteqration of Trollev and LiEht Rail TransiUModern Streetcar service to achleve optimal connectiyily,,r Exclusive Transit Lanes. Ag a.wav to incorporate th-e overall vision for an interconnected aEd.Ieliable transit network for the Citv. exclusive transit lanes were qqnsjdered for corridors with prioritized transit modes. The orovision of a lane(s) solely dedicFted,to transit offers a r?.ngsr_€rf ooerations and economic opportunities for a conidor. Exclusive transii lanes allow for the implgrne,Jlllrtion of Lisht Rail/Modern Street Car. Bus Rapid Transit (BRT). and Enhanced bus svstems and imorove the reliability of traditional bus service. Lioht Rail/Modem Streetcars, 8RT and Enhanced Bus systems are forms of raoid transit that combine stations. vehicles. services. and ITS elements into an inteorated svstem. The City is studyinq Liqh! Bail/Modern Streetcar. BRT and Enhanced oroiects to determine demand. cost, benefit. and impact. f"381{r4,2fr, 369 . Concurrent flow bus lanes should allow at least two {2) adiacent general traffic lanes in the same directi.oq-of tJq_v-gl,. Contra f[o!u bus lanes should allow at least two (2) traffic lanes in the opposite direction of travel, as deemed technicallv feasible.. Expansien ef the Seuth Beaeh teeal Cireulater, ineluding reute ehange+te ineerBorate ion ters, reereatienar amenities and eultural assetsr A Nerth-Beaeh Gireu @. Expansion of the Atlantic Greenway Network by continued negotiation with property owners along the Atlantic Ocean and along Biscayne Bay.o Bicycle rack installations. City will maint in 201F-2016. and continue to install additional bicvcle racks as recornmended in the 2015 Bicvcle Pedqsllan Magtet Plan miemi i{+sta+led in safe, convenient locations along commercial corridors, residential areas and public facilities. Bicycling a$ an alternative form of transportation will increase the quality of life for our community by reducing traffic congeslion.. The Citv will adhere to the policv qoverninq protected bicvcle lanes as qontained in the 2015 Bicvcle Pedestrian Master Plan.. Bicycle rental program - The City already started this program with a proposal to install up to 85 kiosks of approximately 16 bikgreles per kiosks. The benefits of lhis program include reduced traffic congestion, improved air quality, quieter and more livable streets and the opportunity for citizens to improve their health through exercise.. Shared car program will allow for the short term access to vehicles by residents and visitors reducing the need for vehicle ownership and encouraging the use of alternative modes of transportation. OBJECTIVE 4: MASS TRANSIT The City shall work with transportation partners, specifically Miami-Dade Transit, to provide residents and visitors with a comfortable public mass transportation system, includinq transit intermodal facili.ties. transit centers or transit stops. Policy 4.1: Meeting Transit Level of Service The City shall maintain consistency with the transit level of service standard of Miami-DadeCountyComprehensivePlan"heCitywillcontinuetoperform studies which examine the use of Liqht R_aiUModprn S Bus Rapid Transit, str€e$-ears trolleys, preemptive traffic signals and any other technologies appropriate for Miami Beach. The City shall continue to follow the guidelines and standards as outlined in recent planning studies such as the Coastal Communities Transportation Management Plan.--and the Coastal Cornmunities Transit Study. and the 2015 Trans . #gsq&%t?gz 370 Policv 4.1.1 Reliance on Transit Services. Transit services within the Citv of Miami Beach consist of regional and_local routes operated and maintained bv Miami-Dade Countv (MDC). and a local trolley service provided bv City. Tfre Citv's 2015 Transportation Master Plan_prioritizes continued exoansion of transit serviies, as there is p growinq portion of the Citv's daily oopulation that is r-eliant on these transit services t,o enter, travel within. and/or leave Miami Beach. The City desires to continuallv increaie tre number of persons within the City and region to use Transit Services, and for the Citv to provide more convenient, reliable, safe. and comfortable mobilitv options. Policy 4.2: Minimum Peak Hour Service Standard TheCityshailcoordinatewith@by2012sothattheminimumpeak hour mass transit level of service standards provided by DTPW within the City shall be done with public transit service having no greater than€O_!! minute headways and an average route spacing of % mile provided that: Policy 4.4: Enhanced Transit Amenities The City shall coordinate with Miami-Dade Transit to provide enhanced transit amenities, suchas transit intermodal facilities. with inteqral parkinq andlor pat:k-and-ride facilities.. as aooropriate. dedicated to transit patrons. This coordination with DTPW shall include traQsit cgnters , and transit stoos real time transit location information. passenoer amenities, and bicvcle facilities t e rm i na Is, mere eornbrtable b'us seating a nd passeng€r-€m€nitiesre+6. Policy 4.5: Transit lntermodal FacilitiesfiransfeJ Centers/Tra TheCityshallcontinuetocoordinatewithl@ULPWtoconstructtransitiff{e#nrcd€"l intermodal facilities to serve transportation uses that suooort the future exclusive transit Janesidentilied in the 2015 Transportation Master Plan for BRT or Light Rail/Modern StreetCar at intercept locations enterinq the Citv and shown in the map entitled "Miami Beach Transit Corridors and fransit lnteulod.al Facilities'. The City shall develoo transfer centers and stoos to ensure that lonqer distance travel. not readily accessible bv foot or bicycle. are accommodated to provide enhanced mobility between the City of Miami Beach. Downtown Miami and beyond., . ffng"+tsoJ*82 371 0 iTransit Gorridors & Transit lntormodal Hubs 0.6 1.2 Fr&"oH 8fi* 372 Policy 4.6: Providing Basic Transit lnfrastructure Development approvalfor sites located on main thoroughfares within existing transit routes shall be required where appropriate, to construct a concrete pad and dedicate an easement to MiarniBeachor@(oritsSucceSsoragencies)forpubliciransituses.The dedicated easement shall be of sufficient size to allow for Americang with Disabilities Act (ADA) access to transit and for future shelter placement. Fair share contribulions in lieu of easement dedication may be granted when an existing bus shelter or pad is located within Ya mile from the proposed development on the same side of the roadway. Appropriate bus slop facility locations shall be determined by analyzing lhe existing need on established routes and assessing the existing built environment such as the width of the sidewalk, the presence of a sidewalk and/or the location of any existing structures. Bus routes with the highest ridership and located on an existing bikcvcle route will be the highest priority for facility placement. Developmenl approvalfor sites located on main thoroughfares within existing transit routes shall be required where appropriate, to eeRst+ue{-incorporate transit facilities a-eenerete-pad-and dedicate an easement to Miami Beach er Miami Eade Transit{or-i@for public transit--r$es amenities. The dedicated easement shall be of sufficient size to allow forll Americans with Disabilities Act (ADA) access to transit-and 4for future shelter placement. and 3) for future olacement of shared bicyqle facilities. Fair share contributions in lieu of easement dedication may be granted when an existing bus shelter, e+pad. or shared bicycle facility is located within % mile from the proposed development on the samo side of the roadway. Appropriate bus stop facility locations shall be determined by analyzing the existing need on established roules and assessing the existing built environment such as the width of the sidewalk, the presence of a sidewalk and/or the location of any existing structures. Bu6-tensj! routes with the highest ridership and located on an existing bicycle route will be the highest priority for facility placement. Policy 4.7: Reselved ffi Policy 4.8: Coastal Communities Transit Plan The City shall werk nursue with Miarni Dade T relevant transit recommendations included in the Plan, inclydino yvorhin oarticipation outlined below: * Transit RoutesPolicy 4.9: Fatr4tt s\?t 373 The City shall continue to coordinate with MDT DTPW to ensure that transit service within the South Beach, Middle Beach and North Beach TCMA's maximize mobility and reflects routes wh+eh-se*e-+e_[!a[_facilitate movement within the City, while preserving the historic character of the community. Policy 4.10: Special Transit Services TheCityshallcontinuetoencourage@toprovideamoreconvenient, accessible, and equitable paratransit services to all eligible users within Miami Beach including the elderly, handicapped, low income and other transit dependent users. Policy4.{1: Beach Qorridor Transit Connection Proiect (fgrmerlv known as ,gavlink)@ive The 9ity shall continue to pursue the comoonent of the Metropolitan Planninq Oroanization(MPO) 2015 Beach Corridor Transit Connection Study that is located in the South Beach portion of Miami Dade (south qfladg Blyd and east of Biscavne Bay). This studv provided an update to and reaffin:ned the 2014 Bav Link Study which recommended a mass transit connection from downtowQ Miami the Miami Beach Convention Center across the MacArthur Causewav. The City encourages A*B+-FDOT, DTPW, the pit and the Metropolitan Planning Organization (MPO) to move forward with the recommendations of the Policv Executive Committee for the 2015 Beach Corridor Trqnsit Connection Studv to complete the Proiect Developmenl and Enqineerinq for McArthur Causewav oortion of the Proiect as expeditiouslv as possibl D€wntioA/vn-Mi€mi. Pelioy 4,12: SuBBert fer Nertheast Gerrider The Gity eupperts the reBrieritizatisn ef the Nertheast Genider en the teng Range Transpertatien Plar+-(tRTP) te number 1; and ssbsequent implementatien ef the Northeast t t*iamiMie* OBJEGTIVF.fA: TRANSITMODE. An essential comoonent to mget lhe moFilitly needs of Miami Beach's residents. visitors, and emplovees. imorove and sustain the City's ecofremic vitality. and suooort the orowth and development of urban mixed-use centers, is providinq a svstem of interconnected transit services. Policv 54.1: Transit Serves as aLAltprnatiye to the Private Automobile. F8&%$ 817* 374 Transit should serve as an alternative to the orrvate automobile in rgachinq the CiJy from the mainland and be able to make -lqlrger trios to connect betr,veen manv of the City's important destinations that mav be too far for ppople to walk or bicvcle. Therefore, providinq hiqh qualitv transit service is an important part of developrnq a sustainable transportation Svstem and providinq oo-tions to travel to and within the Citv without the need to relv on.a private vehicle. Policv 5A.2: Reliance on Transit Services. Transit services within the Citv of Miami Beach consist of r-qoional and locat routes ooerated qnd lnqll!.Al0ed bv DTPW. and alogql trolley service orovided bv Citv, The Citv should continue to exoand transit services. as there is a qrowinq proportion of the Citv's dailv pooulati-on that is r_eliant on these transit seryiqqs to.gntqf,._travel within, andlor leave Miami Beach. The Citv desires to continuallv increase the number of persons within the Citv and region to use Transit Services. and for the Citv to provide more reliable mobility options. Policv 5A-3 Transit lnfrastructure. The Citv should explore mobilitv benefit, cost effectiveness and desiqn of qx-clusive transit lanes, including..but not limited to, concurrent floyu bus lanes and.qontra flow bus lanes. Policv 5A.4 Capacitv and Operational Strateqies The Citv should encouraqe and explore various gperational strategies i.ncludinq: a. Realigned transit service schedules.b. Monitorinq the security of transit oatrons, stations. and vehicles.c. Enhanced transit amenities and safetv. d. Universal fare cards for reeions with multiple transit aqencies.e. lnstallatign of.bus-prioritv trafjic siq.ng!s. L Proviston, if feasible, of q.ug!.1?:iumper lanes. _At intersections where th.ere are no qtops. g. Consolidation of stops. Policv 5A.-5 Transfer Locations. The City shall maintain constant coordination with QTPW to construct intermodal transit facilities to serye existing and future multi-modal transoortation uses. The Citv shall ensure suppgss of the traJrsit environment wil[ pIEcer .manaqement and transfer options to minimize delavs, missed departures. lono wait times, andior bus crowdino by__ensurino adequate or sufficient inf!'astructure. Transferg qle an essential part of an effective transit slrstem becaqse. they maximize the coveragg area And diversity of active transoortation services. Honce. in order to oblain a successft{l trengit eruironment. it is of critical imoortance to orovide efficient and attractive transfer stops/centers to imorove the qualitv of transit services as well as support the sunoundinq community. ln desioninq transfer locations the Citv shall take into consideration adiacent oroiects. inteqrate the culture of the surrounding communitv. and potentiallv venture inte ioint development with -other.peglors (such as retail and/or civic spaces). Further. the Cit:r W"ot? sl?* 375 shall ensure that the transfer locations do not contribute to unwanted noise, emissions, and potenti4llv lorteriIq_paqsenqers. Policv 5A.6 Transfer Stops/Center, Throuqh transfer stops or centers the Citv seeks to improve livabilitv, mobility. and accessibilitv. The Citv shall identifv kev. lo.c_ations based on existinq transrt activit)/, boqldinos and deboardinos, converqinq lransit routes, available rioht-of-wav {ROW}. existino infrastructure, surroundinq neiqhborhoods. transoortation priorities. and existino and future land use. The Cttv shall also consider ridership data and converqinq transit routes locationq_ag_ to where transfer stops/centers are likelv to be needed within the Citv. Policv 5A.7 E.nhanced Transit Amenities. The Citv shall cg-ordinate with Miami-Dade Transit to provide enhanced transit amenities. such as bus shelters, -intermodal facilities. parkinq. oark and ride amenities. transfer_s_tations/centers. bu.ses. imolementation of bus rapid transit (BRT) along sqlected corridors, real time transit location information at shelters. exclqsjve bus lanes, and at intermodal terminals. more comfortable bus seatinq. and oassenqer arLqnities. etc. Policv 5A.8: Providing Basic Transit lnfrastructure. Development aoorovalfor sites located on main thorouqhfares within existinq transit routes shall be required. where appropriate. to construct appropriate transit facilities and/or dedicate an easement to Miami Beach or Miami-Dade tJansit (or its successor aqencies) for oublic transit uses. The -dodicated easement shall be of sufficient size to, allow for American with Disabilities Act (ADA) access to transit and for future shelter placement. Fair share contributions in lieu of easeme[t dedication mav be granted when an existinq bus sheltef or pad is located within % mile from the prooosed develooment on the same side of the roadway. Appropriate bus stop facilitv locations shaU be determined by analvzing the existinq need on established routes ansl ass.essinq the existing built environment such as the width of the sidewalk, the presence of a side.yyal]< and/or the location of any existing structures. Bus routes with the highest ridership and located on an existino bjcyclq r.oute lvill be the highest prioritv for facility olacement. Policv 5A.9: North B.PFch. an4 Middle Beach Circulators (Lopal Circulators Svstems). The Citv shall plan, desion. seek fundino,for and implengnt local circulator systems in North Fpagh and Middle tseach. The Citv shall continue to plan and coordinate Witlr Jv!!e!l!:Dade Transit (!dDT) and the Florida Department of Transoortation (FDOT) to develop a connected circulator svptefn that feeds reqional routes and future rail connections. OBJECTIVE 6: MULTI-MODAL TRAHSPORTATION AND MOBILITY STRATEGIES F8&"4t{ 8+7* 376 The City shall continue to support and promote multiple modes of transportation byconsidering Transportation Demand Management (TDM), Transportation Systems Management (TSM) , and other techniques, Policy 6.1: Transportation $ystems Management (please see Glossary of terms) ThroughthesiteplanreviewproceSs,theCityshall @appropriateTSMstrategiestoimprovethemobilitysystems efficiency, effectiveness and safety, These may include but are not limited to: . Site access manaqement and safety. Parkinq.f-aciiities and proqrams . The imol€mentation of proqrams !h?t support carpools. vanpools or ridesharinq. Traffie management and traffie meniteingi pregrams @@@r Parking pelieies whieh disoeerage eingle eesupaney vehieles, The eneeuragement ef earBeels; vanBeels er ridesharing. Pregrams er prejeets that impreve trafFie flew; ineluding prejeets te irnBrove signalizatien@ resiCentia|++ses. lmPreve interseetiens; and implement lntelligent Transpertatien S..steme (trS) ies Policy 6.2: Transportation Demand Management (please see Glossary of terms) Threugh the site Blan review pre6€ss; the Gity 6hall edu€ate the develep"nent eemmuniq,and enoeurage aPProPriate TBM strategies te imBreve the mebility systerns etfieieney, effeetiven€ss imolement a Transportalion Demand Manaqement (TFM) prooram. intended to reOuce ine dependence on single-occupant vehicle trips, and the encouragement of the use of bicycle, pedestrian and transit modes as a means of commuting and recreational mobility. These may include, but are not limited to: . carpools,. van pools,r demand response service,r paratransit servieee (fer-speeial needs pepulatien);r public/private provision of transit $ervice, transfer hubs. transfer stops. oarkino facilities dedicated to transit patrons. and carpools ' bikgygle sharing, or shared car initiatives,. provision of short term and long term bicycle parking, showers and changing facilities,r provision of parking for carpools. Fry+tg BT7* 377 . alternative hours of travel, including flexible work hours, staggered work shifts, compressed work weeks and telecommuting options,. subsidy of transit fares,r us€d of long term parking to be developed at City's entry points,r shared vehicular and pedestrian access for compatible land uses, where possible,. shared parking agreements for compatible land uses, where possibler..-previsi@ @in* Policy 6.3: lntelligent Transportation Systems (please see Glossary of terms) The City shall eeerdirate with and suppert FDOT in the pursuit ef pursue implgmentation of lntelligent Transportation Systems {lTS), to help manage congestion on facilities within Mlarni Beach as well as those facilities connecting the City with the mainland transportation system. This may include using various forms of technology, not limited to cameras, and electronic signage, to inform travelers of the condition of the transportation syslem, roadway level of service, and availability of parking citywide. Policy 6.4: Balancing Modal Split The City shall attempt to better balance the mode split between automobiles and alternative modes of transportation, such as bicycling and transit, particularly in the morning, afternoon and evening peak hour periods. ln the meantime, the City will use the MPO's regional model to establish the rnodal split within the City. fh-e City shall create transit hubs. transit centers and $toDS to integrate the various modes at one location accordinq to mpdal prioritv. Policy 6.5: Mode Split Analysis JIre City's goal is to achieve its 2035 vision of a minimum_transoortation mode solit gf 4A%pivat+vehielesr-20% mass transit. -1.7or6-Walking, 10% bicvcling, and 10% other modes thiougn suooort of and.implementation of multimodal transportation improvements. By-2&1€r-ther-€i+y determines the baseline mede"split-then set a target mede split ime= Policy 6.6: Funding Multimodal lmprovements The,, Citv's transpor,tation is funded from a oortiorl of the Qualitv of Life Resort Tax. The City shall examine the feasibility of a transportation trust fund in which to invest its revenue generatod via taxes or development fees, etc. and which will bo earmarked towards the implementation of scheduled transportation improvements, in coordination with long;term master planning efforts. Policy6.7: Prioritizing Multimodallmprovaments Fegsottef 78, 378 As-a-me+h€C-€f a€hiev@en-€*-e#i€ierqf€fl d effeetive level sf serviee ald an he City shall continue implementation of prioritized multimodal imDrovements, gS documented in the 2015 Transportation Master Plan (Ttr4P). examm€+ta€+ng prqieots,'tnan lt deing se may be te spend an inor€as€d@@ken frem ail seuree@iv€-{fl€d€ Policy 6.8: Multimodalism as a Condition of Development Approval As part of the plan review and approval process, the City shall negotiate with applicants for necessary improvements and enhancements on the private property, such as, but not limited to, dedications or easements for transit bus siops as part of the City's multimodal network. Policy 6.9: Reducing Modal Conflict The City will work to reduce conflicts among various modes of transportation. This shall be done through: a. Establishment of enhanced intersections with more pedeslrian-friendly and safe crosswalks with enhanced signage; b. The development of bikgygle paths and lanes with bollards and raised islands to increase safety at intersections by preventing vehicles from entering special lanes. c. Develop transit hubs. centers and stops to ensure qser safety and convenience. d. Adopt new pavement markinos. presented in the 2016 Bicv.gle-Pedestrian Master Plan (i.e. Bicycle boulevard pFvement markinq). and continue Igimplement colored bicvcle boxes at intersections. ooints of conflicts, and other resomlnq{Lded locations citrnvide. ** Policy 6.12: Reserved f,[$]tim€Cal-gptiens F9rtatien p$resant te- F,A,G, 9J 5 in Transpertetien s in the "Bike Master plan,, in the Gapital knFrevemenlPregram (GlP) Brieritizing lhEoe Brejeets where there are gaBs en Pedeetrian Bike PatFk €lR F88""+t7r'*?Et 379 e, ,- iamiEEd€*+fa€si+_io_-.imple+ffit-P he Flerth Beaeh lntermodat Gente*d, Centinue impreving multimedal infrastrueture@ioyefe enitiee ineludingbike-reek+-en.+tl ent 6ed€ and Site-plan-+evi6,ey r*iyes_{€__at{€rna+e {h€ peCes{rian €eu++douln+,igna+s"in.vari eeemmedate a ll user* ef-{h+ transpertatien syster*i +ne-+tgerlyr-m€+ofi dr€€€n{ knd-user* Policy 6.13: Reserved i6r6.[,faste+.plan The City shall eeerdinate with the Flerida Bepartrnent ef Tran+Bertatien. and Miami Dade Ma @ Policy 6.14: Transportation Planning he City is currently using the MunieiBal Mebility Plan and the Geastal Gernmunities:O15 Transportation Master Plan as a basis for capital budgeting and transportation planning efforts. ln the next five fne Citv shall. treal its Municipal Mobilitv Plan. its Transportation Master Plan. and Bicycle Pedastrian Master Plan as living documents. which sho.uld be updated on a regular basisjfre City should update the Transoortation Master Plan everv five veqrs. Policy S.l5: fre.illntermodal @Plan ;-€€e€t€rt fh€ Citv qhogld pursue the implantation of lntermodal Transit Facilities in association with the imolemenlation of the exclusive transit lanes. the 2015 Transportation Master Plg.n. TMi iflentlfied transfers as an essential nart of an etfective transit svstem because thev 4aximize the covgrlr.ge area and diversitv of active transportation seryices-.Hence. in oidei to obtain a successful transit environment. it ip of critical importance to provrdE efficient and Fa&+Lg B+?* 380 attractive transfer stoos/c.e.nlers to imorove the quality of transit.sErrvices as well as support the surroundinq community. Transfer stops. transfer center/stations. and park-and-rides (intercept garaoes) are all defined in the TMP as different tvpes of transit infrastructure. The City should pursue intercept parking as part of intermodal transfer facilities to reduce vehicles cominq onto Miami Beach. Policy 6.17: Reserved @o Way Pair The City shall-werk with FDOT and the Ceunty te reevaluate the feasibility e{ ereating-+h€OtneZg#@i. @ Policy 6.18: Gorridor Safety The City shall undertake an evaluation of the existing transportation corridors in an attempt to enhance safety and optimize mobility for all modes of transportation. ln addition, the City should encouraoe the development of an intersection safetv program in which. intersections with skewed qeometries or hiqh crash intensities are specifically reviewe-d .and analyzed bv a traffic engineer to iEpIo-.ve safgty f-or all modes of transportation. oBJEcTlvE 7: ENHANCE, PRorEcr, AND PRESERVE THE ctw's NEtcHBoRHooDs To provide a safe and attractive transportation system throughout the City that meets the needs of the users of the right-of-way, the neighborhoods, the neighboring communities, and the environment. Policy7.2: Neighborhood Protection The City shall strive to protect the residential neighborhoods from unnecessary traffic intrusion through-an__11!e evalualion ana-implementetien traffic calming, regulatory or operational alternatives identified in the adopte-d_Street-Desiqn Guidelines which would provide incentives for non;localtraffic to remain on the designated arterial network. Pollcy 7.3: Discourage Cut-through Traffic TheCity@willworkwithMiami-DadeCountyandFDoTtorecommend changes to its engineering design criteria to provide appropriate access management techniques to discourage neighborhood cut-through traffic. These may include but shall not be limited to: . Access on the highest-classified street where City or FDOT standards can be met;o Joint access, cros$ access, and shared acaess;r Raised median diverters: Fr*"ofg sf ?* 381 i6@.---Efl i6;'r ete+.--€r*tlCi€g€rie ind€w€t. lnternal traffie eireulatien !e diseeurage use ef adjaeent side streets;. Pedestrian access to encourage walking, rather than driving, short distances,o Transit orientation, including safe and convenient pedestrian routes to the nearest bus slop;. Speed tables Policy 7.4: Traffic Galming The City will continue to maintain a traffic calming program to provide for safe and viable neighborhoods and discourage speeding and cut-through traffic. It shall put together a menu of preferred traffic calming-deviees me[hoc]g. This will detail their purpose, ideal implementation scenario, effectiveness and cost. This can be used as a menu to guide and streamline the process. To the extenl possible the City shall maintain local control over lhe implementation of traffic calming measures. Policy 7.5: Roadway Safety The City will coordinate with @ie-Werk Departments (MDPWD) and toensurethatshort-termandmaintenanceoftrafficsignalsandsignagearecontinuouslymonitoredandupdated.@ pregrarn will be implemented te impreve the safety ef the read tran@ l, Repairing pedestrian signal head+and pedestrran signage and+ieyde-meAesr ts; and Policy 7.7: Access Management The City shall work with FDOT and MDPWD nTPW to impose accass location requirements onto City, County and State streets through the implementation of its Public Works Manual, in order to reduce existing or potential congestion and safety problems. The City shall coordinate with other agencies to ensure connectivity impacts to the adjacent transportation system are properly rnitigated, adjacent land uses are properly connected, and that mobility needs are met for all modes of transportation. The City, at its own discretion, may require a transportation irnpact study to aid in the decision on the location and design of the access to serve a land development. Frya3Q 8l?* 382 Policy 7.8: Safe Roadway Designs The City shall use design review procedures in the land development regulations to control roadway access points in conjunction with development. Such procedures shall include provisions requiring that all access points on state roads be approved by the Florida Department of Transportation, that all access points on county roads be approved by the MDGFW DTPW and that all other access points be in accordance with the best professional standards consistent with the protection of property rights. The City shall elimirate er mirimize readway 1, requiring the Brevisien eladequate eff street queuing areas; systems ef ingress and egress; (i,e, turn lane pelieies); 3-----+equiringrthe-installatie+olaeeete '1, requiring the eliminatien er the minimizatien ef eenfliet+between readway, eeneent+ate*5, Requiring adequate capaeily fer emergeney evaesatien er ernergeney respens€ vehieles; delivery vehie{es and servree vehieles, Policy 7.9: Evaluating Crash Data to lmprove lntersection Safety The City shall rnent shall prepare annual accident frequency reports for all collector and arterial roads and coordinate with the FDOT's Traffic Operations Department to mitigate problems at high crash locations. Policy 7.10: New Connections to the Roadway Network The City of Miami Beac@, the MBPWg*trTEHLor FDOT, depending on jurisdiction, will monitor all new connections and access points to roadways to ensure safe design. All new connections shall comply with the City's, County's and FDOT's access management standards. Policy 7.13: Reserved Gentext Sensitiv The Gity ehall provide GSE by integrating Brdeete inte the bui't envirenment in a eensitive ives, and tailering designs 1' Ealanee eafeVi mebil.ity; eemmunity; and envirenmentar geale in all preieets, ie+early and eontinueusly, f,?s%Ed #ffi 383 3, Use an interdiseiplinary team lailored te preieet-needs-4, Address a-ll medes ef travel, rgn standards,6, lneerBerate aesthetiss as an integral part ef good.d€€,ign= Policy 7.15: Aesthetieally+|,easing Roadways Landscapino. Lishtinq and Siqnaoq When new facilities are planned, their design shall be aesthetically compatible with the surrounding community, whenever practical. The City of Miami Beach shall continue to landscape and improve entrances to the City. lt shall also continue implementing programs to landscape and maintain existing median slrips and rights-of-way. OBJECTIVE 8: PARKING The City shall provide clean, safe, and affordable parking, by continuing to exptore and implement creative and technologically advanced methods of parking provision and management to satisfy the need. Policy 8.1: Continued Development of Parking The City shall continue with the acquisition, construction and improvements to municipal parking facilities as rnay be needed. The City shall also continue to monitor parking demand. and assess feasibility. where applicable. of potentiaflv resoonsive strateoies. Policy 8.8: lncentivizing Transit through Parking TheCityshallencouragelong-termdailyparkinganduseoftheM local circulators as a way of minimizing internaltrips within the various neighborhood districts. Policy 8.9: Reserved sspply te demand whieh irnplements Policy 8.9: Public Access to Parking The City shall continue to maximize cplima!-use-gl public-aeees+{o parking spacesin-a{l-area*. bv promolinq shared oarking-proorams. wavfindino to oarkinq facilities. and- use of Smart Parkino Svstems (SPS) to identifv locations of available oarkinq. Fapffisi?* 384 OBJECTIVE 1O: TRANSPORTATION COORDIN,ATION W|TH OTHER JURISDIcTIoNS Transportation efforts in the City will be coordinated with the plans and programs of other state and localjurisdictions including; the Miami-Dade Metropolitan Planning Organization (MPO), the Florida Department of Transportation (FDOT), Miami-Dade County Pubtic Works (MDCPW), and Miami Dade Transit (MDT), and other local jurisdictions. Policy 1 0.2 : Coordinate with Miami-Oade-Transit-.lQo!-dl The City shall review the annual versions of the44iar*i-Dad€ MDg Transit Service Development Plan to coordinate this element with the plans of the MDT. Policy 10.6: MultimodalComponents of Roadway Projects During the design stages of roadway improvements, the location of transil facilities such as transit intermodal facilities, transit centers. transit stops, turn-oul bays, transit amenities and transit shelter locations, shall be included in the roadway design proposal. These irnprovements shall be coordinated with the agency (ies) that have jurisdiction over the facilities being designed. GLOSSARY OF TERMS Transportation Demand Management: (TDM); is a general term for strategies that result in more efficient use of our lransportation system and that markets alternative forms of transportation for commuters, in order to reduce traffic congestion and air pollution and to increase efficiency of the transportation system. Transit lntermodal Facilities: are transfer facility that orovides convenient conqections between streetcars. bus rapid transit (BRT). or another publi.c transit mode such as busways. bus lines. while offering some pedestrian and bi.cycle amenities and services: provides access to more than two (2) buses or liqht rail/streetcars: provides accessory parking spaces at intercept locations. oenerally b.etween 75 and 500 soaces: and nlqv include amenities such as retail. restrooms and lo.u.nge._areas. List of Acronyms r CSS: Context Sensitive Solutions r DTPW: Miami-Dade Cqunly Deoartment of Transoortation and Public Works 385 r LRTP: Long Range Transportation Plan . MDC: Miami-Dade Cqqntv . TIP: Transportation lmprovement Program . TMP: Transpo(ation Master Plan SECTION 3. The following amendment to the City's 2025 Comprehensive Plan lntergovernmental Coordination Element is hereby adopted: Policv 1.10 The City shall coordinate the olannino and development of lntermodal Transit Facilities with Miami-Dade County. the Miami-Dade Met-ropolitan Planninq Oroanization (MPO). and surroundinq municioalilies. as applicablg. SECTION 4. The following amendment to the City's Future Land Use Map designations for the property described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the Future Land Use Map of the City: Lots along the Julia Tuttle Causeway/lnterstate 195 and the Alton Road lnterchange, and west of Alton Road; approximately 26 acres; as indicated in "Exhibit A;" from the current Future Land Use Category of "Recreation and Open Space (ROS)," to the Future Land Use category of "Public Facility: Governmental Uses (PF).' SEGTION 5. REPEALER. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY, lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Fffi%$ 8(?* 386 SE_CTION 7. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to"section" or other appropriate word. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. sEcro-ry g. TRANSM|TTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect 31 days after the state land that the plan amendment package is complete pursuant Statutes. PASSED and ADOPTED this day of ATTEST: CITY CLERK planning agency notifies the City to Section 163.3184(3), Florida 2416. MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Date First Reading/Transmittal: Second ReadinglAdoption : September 14,2016 October 19, 2016 'i'u t4, ' ' t'"/r// b i9itV AttomeV Verified By: Thomas R. Mooney, AICP Planning Director Underline = new language Striteetbrsush = deleted language T:\AGENDA\201G\SepternberlPlanning\Transit lrtermodal Facilities - Comp Plan - First Read ORD.docx Fffi&Bl?* 387 0 250 500 lrrrl I OOfl trept rrrl Hxhibit &. N Aiv{q$.-r: Yi Page 470 of 757 388 Potential Locations for the Desired Transit lnfrastructure lmprovement from the TMP 'r,r., ,., l.E*i S{11? ffi: Page 471 of 757 389 IHURsDAY DTCEilBTN 29 )016 IMIAMIHTRATD.(Oi{ I NEIGHBORS I I zNE MIAMIBTACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TRANSIT INTERMODAL FACILITIES JANUARY 11,2017 NOTICE lS HEREBY given that a Second Reading, Public Hearing, will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber,3'd Floor, City Hall, .l700 Convention Center Drive, Miami Beach, Florida, on January 11,2017 at 1O:10 a.m., or as soon thereafter as the matler can be heard, to consider the adoption of the following Ordinance: COMPREHENSIVE PLAN . TRANSIT INTERMODAL FACILITIES: AN OHDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPBEHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE ,I, ENTITLED "LAND DEVELOPMENT REGULATIONS," TO ALLOW 'TRANSIT INTEBMODAL FACILITIES" AS A PERMITTED USE WITHIN THE FOLLOWING LAND USE CATEGORIES: LOW INTENSITY COMMERCIAL CATEGOBY (CD-1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD.2), HIGH INTENSITY COMMERCIAL CATEGORY (CD.3), PUBLIC FACILITY HOSPITAL - PF (PF-HD), PUBLIC FACILITY: GOVERNMENTAL USES (PF), PARKING (P), GENEBAL MIXED USE COMMERCIAL "PEBFORMANGE STANDARD" CATEGORY (CPS-2), TOWN CENTER CORE CATEGOFY (TC-1), AND TOWN CENTEB COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTUBE LAND USE MAP TO MODIFY THE DES|GNATION "RECBEATTON OPEN SPACE" (ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING THE PARKING (P) LAND USE CATEGOBY TO ALLOW THOSE USES PERMITTED lN SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TBANSIT INTERMODAL FACILITY OR PARKING FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED 'LEVEL OF SEBVICE,' TO BEFLECT THE CITY'S ADOPTED MODE OF THANSPORTATION HIERARCHY; OBJECTIVE 2, ENTITLED "COOBDINATION WITH LAND USE," TO DETAIL THE NEEDS FOR TBANSIT INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED "BOADWAY PLANN|NG, DESTGN AND CONSTRUCTTON,' TO INCORPOBATE ADDITIONAL MULTIMODAL THANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLED "MASS TRANSIT," TO ENCOURAGE MASS TRANSIT OPTIONS THBOUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE" TO DETAIL OPTIONS FOR TBANSPOHTATION INFBASTRUCTUBE; OBJECTIVE 6, ENTITLED "MULTFMODAL TRANSPORTATION AND MOBILITY OPTIONS," TO CLARIFY STBATEGIES TO IMPLEMENT MULTFMODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE, PHOTECT, AND PRESERVE THE CITY,S NEIGHBORHOODS," TO CLAHIFY COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED "PABKING," TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE 10, ENTITLED "THANSPORTATION COORDINATION WITH OTHER JURISDICTIONS," TO REQUIRE COORDINATION RELATING TO "TRANSIT INTERMODAL FACILITIES;" THE GLOSSARY OF TERMS TO INCLUDE THE TERM 'TBANSIT INTEBMODAL FACILITY' AND RELATED DEFINITIONS; AMENDING AND UPDATTNG THE POL|C|ES WtTHtN THE TNTERGOVERNMENTAL COORDINATTON ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE PLAN; TBANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard putsuant to Secrlons 118163 and 118-164 of the City's Land Development Code, Section 2.05 ot the City Charter and Section 166-041 Florida Stalues. lnquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are inviled to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City City Clerk, I700 Convention Cenler Drive, 1d Floor, Cily Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Slat., lhe City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered ai its meeling or its hearing, such person must ensure thal a verbatim record ol the proceedings is made, which record includes the testimony and evidence does it authorize challenges or appeals not otherwise allowed by law. to revlew any document or parlicipate in any City-sponsored proceedings, call 305.604.2489 and select 1 lor English or 2 ror Spanish, then option 6; TTY users may call via 711 (FIorida Relay Service). Rafael E. Granado, City Clerk City ol Miami Beach Ad 1257 Paoe 472 of 757 390 391 Ordinances - R5 D MIAAAI BEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 10:15 a.m. Second Reading Public Hearing SUBJECT: LDR - TRANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 114.1, ENTITLED ''DEFINITIONS, TO PROVIDE A DEFINITION FOR A "TRANSIT INTERMODAL FACILITY' AND ASSOCIATED DEFINITIONS; AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS," SECTION 130-32, ''OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, ''OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4,5, 6, AND 7,'' TO ESTABLISH PARKING REQUIREMENTS FOR ,TRANSIT INTERMODAL FACILITIES,' AND ESTABLISHING SECTION 130-40, ''BICYCLE PARKING REQUIREMENTS,'' TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE PARKING FOR "TRANSIT INTERMODAL FACILITIES"; AMENDING CHAPTER 1 30, "OFF- STREET PARKING,'' ARTICLE III, "DESIGN STANDARDS,'' SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES,'' ESTABLISHING REGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES IN ADDITIONAL BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT TNTERMODAL FACtLtTy' BE AN ACCESSORY USE TO A MAIN USE PARKING GARAGE; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,'' AT ARTICLE II, ''DISTRICT REGULATIONS,'TO INCLUDE A ''TRANSIT INTERMODAL FACILITY' WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS: COMMERCIAL LOW INTENSITY (CD-1), COMMERCIAL, MEDIUM DENSTTY (CD-2), COMMERCIAL, HtcH tNTENStTy (CD-3), CtVIC AND GOVERNMENT USE (GU), HOSptTAL DtSTR|CT (HD), COMMERCTAL PERFORMANCE STANDARD, GENERAL MIXED USE (C.PS2), NORTH BEACH TOWN CENTER CORE (TC-1), NORTH BEACH TOWN CENTER M|XED USE (TC-2); BY ESTABLISHING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE V ',SPECIAL|ZED USE REGULAT|ONS," DIVISION 4,'TRANSIT INTERMODAL FACILITIES,'TO ESTABLISH REGULATIONS AND PROVIDE UP TO FIVE STORIES IN ADDITIONAL HEIGHT (50 FEET) SHOULD A "TRANS|T TNTERMODAL FACILITY' THAT lS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE AN INCLUDED USE WITHINA PROPERry OR UNIFIED DEVELOPMENT SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABI LITY AND AN EFFECTIVE DATE. Page 473 ol 757 392 RECOMMENDATION The Administration recommends that the City Commission adopt the Comprehensive Plan and Land Developnent Regulations anend nents. ANALYSIS BACKGROUND On June B,2016, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance amendments to the Land Use and Development Committee (ltem c4N). On June 15, 2016 the Land Use and Development Committee recommend that the City Commission refer the proposed ordinance amendments to the Planning Board. Additionally, the Land Use Committee recommended that an option for main use Transportation lntermodal Facilities be incorporated. On July 13,2016, the City Commission referred the proposed ordinance amendments (ltem R9l) to the Planning Board for review and recommendation. ANALYSIS The Miami Beach Transportation Master Plan OMP) was adopted by the Mayor and City Commission in April 13,2016, the first comprehensive mobility plan in the City since 1999. A key component of the plan is the modal hierarchy adopted by City Commission at the July B, 20'15 meeting, as part of the plan development process. The adopted modal hierarchy consists of the following prioritization order: ' Pedestrians' Transit, Bicycle, Freight (depending on the conidor)' Private Vehicles The adopted modal hierarchy increases person through-put along City corridors, while at the same time addressing safety and mobility needs for bicyclists and pedestrians. Based on the projects recommended in the TMP consistent with this mode hierarchy, projects that could be implemented in the next 5 years, depending on funding availability, could increase corridor capacity in some conidors by as much as 50% person trips. lncreases in bicycle and pedestrian trips also increase the health of the City and further reduce traffic inducing vehicles. The TMP identified priority transit and bicycle/pedestrian conidors throughout the City and identified the potential areas for future transit facilities throughout the City (Attachment 1). Further, the TMP identified transfers as an essential part of an effective transit system because they maximize the coverage area and diversity of active transportation services. Hence, in order to obtain a successful transit environment, it is of critical importance to provide efficient and attractive transfer stops/centers to improve the quality of transit services as well as support the sunounding community. Transfer stops, transfer center/stations, and park-and-rides (intercept garages) are alldefined in the TMP as different types of transit infrastructure. The TMP defines Transfer Centers/Stations as "a more elaborate transfer facility that may accommodate more than trao articulated buses and may include amenities such as retail, Page 474 of 757 393 restrooms and lounge". The locations for the desired transit infrastructure improvement from the TMP are summarized in the attached map. Further, the City Commission has discussed the need for parking facilities at intercept locations throughout the City. lntercept garages have been identified as part of the City's mobility plans for over 15 years. lt is recommended that these be incorporated as parl of transit intermodal facilities. During discussions with Miami-Dade Transit for a potential Mid Beach transit intermodal facility as recently as last year, it was recommended that the minimum parking space requirement was 75 parking spaces. The City is in the process of conducting a parallel environmental review and procurement for a Light Rail/Modern Streetcar project in the South Beach area. The Light Rail/Modern Streetcar includes two conidors with tracks in dedicated right-of-way: Phase 1in the vicinity of 5th Street to Washington Avenue north to Dade Boulevard and Phase 2 in the vicinity of 17th Street to Alton Road south to 5th Street or South Point Drive. The vicinity of Alton and Sth Street has been identified with a need for a transit intermodal facility. Longer term plans, already in the Metropolitan Planning Organizations Long Range Transportation Plan for Miami-Dade County, include extensions from this alignment north on Collins Avenue to the City limits which will similarly require intermodal facilities in the longer term. ln addition, the need for a transit intermodal facility in the vicinity of 41st Street and the Julia Tuttle lnterchange (l-195) has been endorsed by the Mayor and Commission as recently as March 2016. The City's consultant for the environmental review for the Miami Beach Light Rail/Modern Streetcar project provided the following general input regarding transit intermodal facilities (major intermodal f acilities): Major intermodal facilities may include multilevel parking garages, and in conjunction with ancillary joint development activities such as the Denver Union Station and ARTIC in Los Angeles. Analogously transit hubs do not need to be large to be effective, especially if they are sited well so that they use the surrounding street system effectively. Transit hubs as small as one-half (0.5) acre in size are operating in the United States. They can serye well as modestly sized transit hubs providing convenient connections between streetcars, BRT, busways and bus lines, while offering some pedestrian amenities and services. Accordingly, staff is recommending that Transit lntermodal Facilities be defined as"atransfer facility that prcvides convenient connections between streetcars, bus rapid tnnsit (BRT), busways and bus lines, while offeing some pedestian and bicycle amenities and sellces,' accommodates more than two (2) afticulafed buses; provides accesso4f parking spaces af intercept locations, generully between 75 and 500 spaces; and may include amenities such as rctail, restrooms and lounge areas." The proposed ordinance amendments would address changes to the City code to define Transit lntermodal Facilities, provide for transit intermodal facilities to be allowed as a permitted use in certain land use categories of the comprehensive plan, allow residential use as part of a transit intermodal facility, provide for additional height and accessory uses within a transit intermodal facility sufficient to offset the height needed for the intermodal facility within the development. Comprehensive Plan Amendment Page 475 of 757 394 Various amendments are being proposed to the City's 2A25 Comprehensive Plan in order to allow for the implementation of a Light Rail/Modern Streetcar and ensure consistency with the adopted Transportation Master Plan and Bicycle Master Plan in order to encourage the development of Transit lntermodal Facilities. The amendment generally proposes the following modifications to the Future Land Use Element: Allow "Transit lntermodal Facilities" as a permitted use with in the following future land use categories (See the map at the end of this report): ' General Mixed Use Commercial"Performance Standard" Category (CPS-2)' Public Facility Hospital- PF (PF- HD)' Public Facility: Governmental Uses (PF)' Parking (P)' Commercial High lntensity (CD-3)' Commercial, Medium lntensity (CD-2)' Commercial, Low lntensity (CD-1)' North Beach Town Center Core (TC-1)' North Beach Town Center Mixed Use (TC-2) Allow uses which are permitted in sunounding land use categories, including, but not limited to, residential and commercial uses, vvhen associated with a transit intermodal facility or parking facility within the "Parking" (P) Future Land Use category. Amending the Future Land Use Map to modify the designation of properties along the Julia Tuttle Causeway from "Recreation Open Space" (ROS) to "Public Facility" (PF)to allow for the possibility of a Transit lntermodal Facility, since a park is not practical within the Julia Tuttle Causevray/Alton Road interchange. The amendment generally proposes the following modifications to the Transportation Element: ' Allow for the City Commission to exempt public-owned facilities and Transit lntermodal Facilities from concurrency requirements through the Land Development Regulations' Encourage the development of Transportation lntermodal Facilities' Ensure consistencywith the Transportation Master Plan' Ensure consistency with the 2015 Bicycle and Pedestrian Master Plan' Reflect the City's Adopted Mode of Transportation Hierarchy' Encourage mass transit options' Clarifystrategiestoimplementmulti-modaltransportationoptions' Encourage smart parking systems' Define "Transit lntermodal Facility'' Additionally, the lntergovernmental Coordination Element is proposed to be modified to ensure that the City coordinates the planning and development of lntermodal Transit Facilities with Miami-Dade County, the Miami-Dade Metropolitan Planning Organization (MPO), and surrounding municipalities, as applicable. Page 476 of 757 395 Land Development Regulations Amendment Amendments are proposed to the Land Development Regulations wlrich would allow for the development of Transit lntermodal Facilities The proposed amendment provides two options for their development. The first is as an accessory use to a Main Use Parking Garage. The second is as a main use Transit lntermodal Facilities; a vehicle parking requirement is also included as part of this option. Under both alternatives, an additional five (5) stories beyond what the underlying zoning alloras would be permitted in order to be able to accommodate future transit facilities City wide. Additionally short-term and longterm bicycle parking requirements are also established for such facilities. The amendment would allow Transit lntermodal Facilities within the CD-1 , CD-2, CD-3, HD, C- PS2, TC-1 ,TC-Z and GU districts, provided the underlying Future Land Use designation in the Comprehensive Plan authorizes the use. Howevel before a Land Use can consider a Transit lntermodal Facility, the City Commission would be required to authorize the use at a particular site, pursuant to the following criteria: Whether the Transportation Department has certified if there is a need for an lntermodal Transit Facility at the proposed site; Whether there is a contract or interlocal agreement for public transit operations at the proposed site with the City of Miami Beach, Florida Department of Transportation (FDOT), Miami-Dade County, or other entity authorized to operate public transit services within the City of Miami Beach; and Whether the proximity of the proposed transit intermodal facility to other transit intermodal facilities creates adverse impacts and how such impacts are mitigated. Additionally, the amendment provides the City Commission the ability to waive Land Development Regulations requirements, with the exception of Historic Preservation and Design Review processes, by a five-sevenths vote. This is proposed in case there are unforeseen limitations within the Land Development Regulations that impact the ability to accommodate a Transit lntermodal Facility in an area where it is needed. Comprehensive Plannin g Process This application includes a text amendment to the Future Land Use and Transportation elements of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after wl'rich the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. lnterlocalAgreement for Public School Facility Planning The 2005 Florida Legislature adopted laurs which are incorporated in the Florida Stiatutes, requiring each local government to adopt an intergovemmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurTency. Page477 of757 396 Final site plan approval of any future development would be contingent upon meeting Public School Concurrency requirements and any applicant will be required to obtain a valid School Concunency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. ln the event sufficient seats are not available, a proporlionate share mitigation plan shall be incorporated into a ki-party development agreement and duly executed prior to the issuance of a Building Permit. PLANNING BOARD REVIEW On August 23, 2016, the Planning Board transmitted the proposed Comprehensive Plan Amendment to the City Commission, with a favorable recommendation. The Planning Board recommended the following modifications, which have been incorporated into the attached draft Ordinance: 1. A modified title with minor clarifications. 2 . The removal of private vehicle targets, and setting targets for the altemative modes of transportation as minimum targets for the City's 2035 vision in Transportation Policy 6.5. Additionally, onAugust 23,2016, the Planning Board transmitted the proposed amendmentto the Land Development Regulations to the City Commission with a favorable recommendation. The Planning Board recommended the following modifications to the draft LDR Ordinance; these proposed modifications have not been incorporated into the attached draft Ordinance: 1 . Modify section 130-32 to provide an alternative measure for paking requirements, subject to available use projections for specific transit intermodalfacilities. 2. Removal of the City Commission Waiver provisions from section 130-68 (1 0)(e) and section 142-1301 (d). SUMMARY/UPDATE As indicated previously, the Administration has no objections to the recommendations of the Planning Board. ln particular, the proposed modification to section 130-32 to provide an altemative measure for parking requirements, subject to available use projections for specific transit intermodal facilities, would be very useful. ln furtherance of this, the administration also recommended that a fixed minimum paking space requirement be made to this revision for clarity purposes. Regarding the recommendation to remove the ability of the City Commission to grant development regulation waivers in sections 130-68 (10)(e) and 142-1301 (d), the Administration recommended that the City Commission still have the ability to grant waivers pertaining to parking requirements in Chapter 130 of the Land Development Regulations. The Administration has no objection to the removal of City Commission development regulation waivers for all other provisions related to Transit lntennodal Facilities. Additionally, upon further review, the Administration recommended that Section 142-1302 be modified to better quantify the areas of a building that will be considered as part of the main use Page 478 ot 757 397 intermodal transit facility. This will ensure that the applicable regulations apply to'main use' transit intermodal facilities. Specifically, the following additional language, in bold double underscore. was recommended and approved at First Reading: Sec. 142-1302. - Additional Regulations. For purposes of this subsection. at least 51%o of the gross floor area of a main use transit intermodal hcility shall meet the definition of a "transit intermodal faciliU" in section 114-1. ln addition to the regulations of the undelying zoning distict and any overlay district, the following regulations shall apply to all main use tra n sit i nte rm oda I fa ci I iti e s. On September 14, 2A16, the City Commission discussed the proposed LDR and Comprehensive PlanAmendments and continued both items to a date certain of October 19, 2016- As part of the discussion, the Commission also requested that a definition for'streetcar' and 'bus rapid transit' be created, which r,tlould meet the Federal Department of Transportation criteria for funding eligibility. On October 19,2016, the City Commission approved the subject Ordinance amendments at First Reading, Wth all of the aforementioned modifications; these revisions have been included in the revised ordinance draft for Second Reading. Additionally, as part of the discussion of the item at First Reading on October 19,2016, there were some comments made regarding Sec 142-1302(c)of the proposed Transit Hub Ordinance, which states the following: An additional 50 feet/five (5,) sfones shall be permitted beyond what would be otherwise permitted in the undelying zoning distict or ovelay district, as applicable. Under the above wording of the ordinance, which was approved at First Reading, the additional 5 stories / 50 feet in height allowed under Sec 142-1302(c) of the proposed Transit Hub Ordinance (if approved by the City Commission as part of a Transit Hub development)would be above and beyond the specified heights of the underlying zoning district. This would be the case even if the maximum heights in the underlying zoning districts exceed 5 stories / 50'. ln reviewing the possible locations for future Transit lntermodal Facilities, Planning and Transportation staff did not identify any sites within local historic districts that would need more than 10 stories / 100 feet in total. As such, the administration believes that the wording of Sec 142-1302(c) could be fine-tuned as follows: An additional 50 feeVfive (5) stories shall be permitted beyond what would be othenrvise permitted in the underlying zoning diskict or overlay district. as applicable. Notwithstanding the foregoing, in the event that the property is located within a locally designated historic district, the maximum height shall not exceed 100 feet / 10 stories, regardless of the height limit of the underlying zoning district. On December 14, 2016, the proposed Comprehensive PlanAmendment was still under review by the State Land Planning Agency and other review agencies. As such, in order to allow the state agencies sufficient time to review and comment, both the items vlere continued to the January 11,2017 City Commission meeting. As of the vrriting of this memorandum, the State Depa(ment of Economic Opportunity has Page 479 of 757 398 indicated that their are no objections to the proposed comprehensive plan amendment. Additionally, the staff of the South Florida Regional Planning Council (RPC) has provided verbal support for the proposed comp plan amendment. However, before the RPC recommendation can be formally transmitted, the full RPC Board must vote on the item. The RPC is scheduled to vote on the transmittal on January 9,2017 . CONCLUSION CONCLUSION The Administration recommends that the City Commission adopt the Comprehensive Plan and Land Development Regulations amendments. Additionally, the Administration recommends the following modification for Sec. 142-1302(c) of the LDR Amendment, in bold I double underscore, be included in the adopted ordinance: Sec. 142-1 302. - Additional Regulations. For purposes of this subsection. at least 51% of the gross floor area of a main use transit intermodal facility shall meet the definitlon of a "transit intermodal facility" in section 114-1. ln addition to the regulations of the underlying zoning district and any overlay district, the following regulations shall apply to all main use transit intermodal facilities: (c ) An additional 50 feeUfive (5) stories shall be permitted beyond what would be othenrise permitted in the underlying zoning district or overlay district, as applicable. Notwithstanding the foregoing. in the event that the property, is located within a locally designated historic district, the overall maximum height shal! not exceed 100 feet / 10 stories, regardless of the height limit of the underlying zoning district. FINANGIAL INFORMATION ln accordance with Charter Section 5.02, Mrich requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description o Ordinance n Attachrnent Page 480 of757 399 Page 481 of757 400 LDRs - TRANSIT INTERMODAL FActLtTtES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AIT'IENDING SECTION 114.1, ENTITLED "DEFINITTONS'' TO PROVIDE A DEFINITTON FOR A "TRANSIT INTERMODAL FACILITY''AND ASSOCIATED DEFtNtfloN$; AMENDTNG cHAprER 130, 'oFF- STREET PARKING," ARTICLE ll,,,DISTRICTS; REQUIREMENTS,,, SECTTON 130.32, "OFF.STREET PARK!NG REQUTREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130.33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7,. TO ESTABLTSH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL FACILITIES,''AND ESTABLISHING SECTION 13040, "BICYCLE PARKING REQUIREIUENTS,'' TO ESTABLISH MINIMUM REQUTREMENTS FOR BlcYcLE PARKING FoR "TRANSIT TNTERMODAL FAcrLTrES,,; AMENDTNGcHApTER {30, ,,OFF-STREET pARKlNG," ARTICLE 1il, ,,DESIGN STANDARDS," sEcTloN 130-68, "coMMERG|AL AND NoNcoMMERcIAL PARKING GARAGES," ESTABLISHING REGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES lN ADDIilONAL BUTLD|NG HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY" BE AN ACCESSORY USETo A MAIN usE PARKING GARAGE; By AMENDTNG cHAprER i42,,ZONING DISTRICTS AND REGULATIONS," AT ARTICLE II, "DISTRICT REGULATIONS," TO INCLUDE A "TRANSIT INTERMODAL FACILITY" WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRIGTS: COMMERCIAL LOW INTENSIry (CD.{}, COMMERCIAL, MEDIUM DENSITY (cD-z), COMITiERG|AL, HtcH INTENS|W (CD-3), Clvlc AND GOVERNITTENTusE (cu), HosptTAL DtsTRtcT (HD), COMMERCTAL PERFORMANCE STANDARD, GENERAL IUUXED USE (C-pS2), NORTH BEACI| TOWN CENTER GORE (TC-I}, NORTH BEACH TOWN CENTER MIXED USE {TC.2);BY ESTABLISHING CHAPTER 142, ''ZONING DTSTRICTS AND REGULATIONS," AT ARTTCLE V, 'SPECIAL|ZED USE REGULATIONS," DIVISION 4, 'TRANSIT INTERMODAL FACILITIES," TO ESTABLISH REGULATIONS AND PROVIDE UP TO FIVE STORIES IN ADDITIONAL HEIGHT {50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY" THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE AN INGLUDED USE WITHIN A PROPERry OR UNIFIED DEVELOPMENT SITE tUlTHlN ONE OF THE ABOVE DISTRIGTS; PROVIDING FOR cODtFlCATtoN; REPEALER; SEVERABILIW; AND AN EFFECTIVE DATE. WHEREAS, the traffic congestion has a negative impact on the quality of life of residents, visitors, and the workforce of Miami Beach; and WHEREAS, the Mayor and City Commission have recognized the need to encourage the development of transit infrastructure in the City; and WHEREAS, the Mayor and City Commission recognize the need to construct facilities that allow for safe and convenient transfer between various modes of transportation; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. Pf89f8l 8f fsz 401 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 9ECTION ,t. That Chapter 1'14, "General Provisions," Section 114-1,'Definitions," of the City Code, is hereby amended as follows: Sec. 114-1. - Definitions. The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a differenl meaning: Townhome or townhome development means a detached units on one site arranged so that no unit is separate ingress and egress. grouping of single-family attached or above another with each unit having Iransrt rntermgdal facti?v means a transfer facilitv that provides.convenient connections between streetcars. bus rapid trqnsit (BRT). busways a.nd bus lines. while offering sornepedestrian and bicvcle amenities and services; aeeemmeda{es-oroyides access jo mor t,w.o (2)- Arlicplated .buses*-ar-slteetcalQ: provides. accessorv parking spaces at intercept locations, -qenprallv between 75 and 500 spaces: ?nd may include amenitiqs such asleta'ji: restrooms and lounge areas. SECTION 2. That Chapter 130, .Off-Street Parking,'Article tl, "Districts; Requirements," of the City Code, is hereby amended as follows: Sec. { 30-32. - Off-street parklng requirements for parking district no. L $ec. 130-33. - Off-street parking requiremenlE for parking districts nos. 2, 9,1,5,6, and 7. Except as otherwise provided in these land development regulations, when any buildingor structure is erected or altered in parking districts nos. 2, 3,4 and 5 accessory'off-street parking spaces shall be provided for the building, structure or additional ftoor area as follows, p8888*8f ?sz 402 There shall be no off-street parking requirement for uses in this parking district except for those listed below: (6A) Transit intermodal facilities: five (5) spaces per 500 square feet of floor area. Required parkinq for transit intermodal facilitv accessqrv uses shpll be as per the requirementsi of the use in the applicable oarkino dist.ric]. Sec. {3040. - Bicvcle parkinq requirements. (a) Definitions. {ll Short-ferm brcvcle oarkrnq shall mean bicycle rpcks that serve peoole who leave their bicycles for relativelv short periods of time. tyoicallv for shopping, recreation. eaiino oi errands. Bicyc.le racks should be located in a hiqhly visible location near the- main enlrance to lhe use. (2) lonq-ferm b{by.c/g-parknq shall mean facilities that provide a high level of securitv such as bicvcle lockers, bicvcle caoes and bicvcle stations. Thgse facilities selve people who frequently leave their bicvcles at the same location for thq-dav or overnioht. (b) Except as otherwise provided in these land develooment requlations, when anv bqildinq or structure is erected or altered. accessorv bicvcle parkinq shall be prgvided for thp buildinq. structure or additional floor area as follows: SECTION 3. That Chapter 130, 'Off-Street Parking," Article lll, "Design Standards," Section 130-68, 'Commercial and Noncommercial parking garages," of the City Code, is hereby amended as follows: Sec. 130-68. - Commercialand noncommercial parking garages. Commercial and noncommercial parking garages as a main use on a separate lot shall be subject to the following regulations, in addition to the other regulations of this article: (10}-When associated with an accesqgrv transit intermodalfacilitv. the followinq regulations shall apoly to main qsg oaraoes in addition to anv of thg aforementioned restrictlons. ln the case of a conflict. the.followino regulations shall supersede: Pfep88tr Bl?st 403 Main use qarages with an accessory transit intermodal facilitv shall onlv bepermitted in cD-1: cD-2; cD-3: HD: c-PS2: TC:1: TC-2; and GU districts, provided the undejlvinq future land use desiqnatjon in the comprehensive olan authorizes the use. Prior lo consideration of an appli.Qqtion for a main use qarage with an accessorv transit intglmodal facilitv by a land use.board, the inclusion of an intermodal transit facilitv shall first require authorization by the Citv Commission as delineated in section 142-1302 (b). An additional 50 feeUfiyg-- (5) stories shall be permitted bevond what would be otherwise oermitted in subsections (1) to (9) above, as applicable. Nolruithslanclinq the, foresoins. injJocal lis&ric district t t_abaM;Xaw_for nUitUinos witn a fie Required off-street parking. f.ola transit intermodal facilitv shall be satisfied bv the parkinq provided for the main use qarage. provided that there are a minimum of 75 spaces. Fol I owi ng a pu bl ic hea ri nq, lhe. @minimum*ol&steelparkins required by these land development regulations for main use qaraoes associated with trangit intermodal facilities@rresewatie,r+-end deeign r€vieuffire€ss€eq nJ.av be waived bv a five-sevenths vote of the city commission for such facilities. Netwithetandina in-a--maaner in€onsi The accgsg-oIv trjrnsit intermodal facilitv mav occupv up to the maximum floor area permitted for accessorv uses in subsectiong (1) to (9) above.. as applicable. SECTION 4. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," of the City Code, is hereby amended as follows: DIVISION 4. . CD.' COMMERCIAL, LOW TNTENSITY DISTRICT ** Sec. 142-272. - Main permifted usss. The main permitted uses in the CD-1 commercial, Iow intensity district are commercial uses: transit intermoda ; apartments; bed and breakfast inn (pursuant to section 142-1401); religious institutions with an occupancy of 199 persons or less, and alcoholic beverage establishments as listed in article V, division 4 of this chapter, pursuant to the regulations set forth in chapter 6. DIVISION 5. - CD.z COMMERCIAL, MEDIUM INTENSTTY DISTRICT b. d. e. PBf888t8f ?sz 404 Sec. 142-302. - Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses: transit intermodal facilities. pursuant to the regulations set forth in section 142-1302 apartments; apartmenUhotels; hotels; religious institutions with an occupancy of 19g persons or less and alcoholic beverage establishments pursuant lo the regulations set forth in Chapter 6. DIVISION 6. . CD.3 COMMERCIAL, HIGH INTEN$ITY DISTRICT ** Sec. 142-332. - Main permitted uses. The main permitted uses in the CD-3 commercial, high intensity district are commercial uses: transit intermodal facilities. pursuant to lhe requlations set forth in section 14?-J302; apartments; apartmenUhotels; hotels, alcoholic beverage establishments pursuant to the regulations set forth in Chapter 6, and religious institutions with an occupancy of 199 persons or less. Offices are prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless the office area is located in a mezzanine, or at least 75 feet back from the storefront; also apartments, apartmenUhotels and hotels located on that portion of Lincoln Road shall comply with section 142-335, Dance halls (as defined in section 114-1 of this Code) not also operating as restaurants with full kitchens and serving full meals and licensed as alcoholic beverage establishments are prohibited on properties having a lot line adjoining Lincoln Road, from the Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a minimum of 100 hotel units. DIVISION 9. . GU GOVERNMENT USE DISTRICT *t Sec. 142-422. - Main permitted uses. The main permitted uses in the GU government use district are government buildings and uses, including but not limited to parking lots and garages; tranqit intermodal facitities. where permitted bv th.g..r.fndpflying future land use desiqnation in the comorehensive plan, p.uJsuant to the resulations set forth in section 142-1302: parks and associated parking; schools; performing arts and culturalfacilities; monuments and memorials. Any use not listed above shall only be approved after the city commission holds a public hearing. See subsection 142425(e) for public notice requirements. DIVISION {0. . HD HOSPITAL DISTRICT d88?s?Bt9sz 405 Sec. 142-452. - Permitted uses. ln the HD hospital district, no land, water or structure may be used, in whole or in part, except for one or rnore of the following permitted uses. The sale of alcohol within the HD shall be regulated pursuant to the requirements of Chapter 6. fl) Hospital G) All accessory structures and parking facililies shall be subordinate to the main use and incidentalto and customarily associated with a hospital, including accessory hospital facilities, consisting of: !, Transit lntermodal facilities, pursuant to the regulations set forth in section 142- 1302. DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT ** Sec. 142-693. - Permifted uses * fi) Transit intermodal facilities shall be permitted in C-PS2. districts. pursuant to the reoulations set forth in section 142-1302. DIVISION 20. . TC NORTH BEACH TOWN CENTER DISTRICTS ** Sec. 142-736. - Main permitted uses, conditional uses, accessory uses, and prohibircd uses. (g) Land uses in the TC'1 town center core district shall be regulated as follows: (!) The main permitted uses in the TC-1 district are commercial uses; transit intermodal fgcilities. pursuant to the reoulations set forth in section 142-1302; alcohotic beverage establishments pursuant to the regulations set forth in chapter 6; apartments; apartmentsfhotels; and hotels. The ground story frontage along 71st Street and Collins Avenue shall be governed by subsection 142-737(c). The provisions of chapter 6 Pr88E898f ?sz 406 concerning distance separation for consumption of alcoholic beverages on*premises in restaurants shall not apply to this district. SECTION 5. That Chapter 142, "Zoning Districts and Regulations," Article V, "Specialized Use Regulations," of the City Code, is hereby amended as follows. DtvtstoN a.- Sec. 142:1301. - Purpose. The ourpose of this dvi-sion is to provide addltional regulations and incentives for the development of main use transit intermodalfpcilities. Sec. {42-1302. - Additio4il, F.esulations. Eorpurposeg-oilhis-tuhsgilhn*at least 51% of the qr floala&a of a main use trqesit rntermoda| facill fgnslL,lj:llermodal faci|itv" i In addition to the requlatioQs*of-the underjving zoninq district and anv overlav district. the follo_wing reoulations shall apply to all main use transit intermodalfacilities: (g) Such facilities shallgCIly.be permitted where authorized bv the Underlvinq zoning district designation. ([) Prior to consideration of an application for a main use oaraoe with an accegsory transit intermodal facilitv bv a land use board, the inclusion of an intermodal transit facilitv shall first reouire authorization of the. trse at the location. .bv the Citv Commissiolr, pursuant to the followins criteri€L l1') Vfhether the Transportation Department has certified if there is a need for an lntermodalTransit Facilitv at the proposed site: (!) Whether there is a contract or interlggal agreement for public transit operations at the proposed site with lhe Citv of Miami Beach. Florida Department of .Transportation(FDOT), Miami-Dade Cou.nlv. or other entity authorized to ooerate public transit servi.ges wiihin the Citv of Miami Beach: and {3) Whether the proximitv of the propo-qed ttansit intennodal facilitv to other transit intermodal facilities creates adverse imoacts and how such impacts are.nitioated. G) An additional 50 feeUfive (5) stories shall be permifted bevond what would be othenrise permitted in the underlvino zonino district or overlav district. as applicable. igp-+eview--preeesses. mav be waived bv a five- sevenths vote of the citv commission for such facilities. G) PB88?J881 95' 407 SECTION 6. REPEALER. All ordinances or pafts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. sEcTroN 7. COqtFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions ofhis Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 8. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shalltake effect ten days following adoption. PASSED and ADOPTED this day of , ZO1t. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk Underline denotes additions Strit<e+nreugn denotes deletions First Reading: Octoberl9, 2016 Second Reading: January 11,2017 APPI?OVED AS TO FORM & LANGUAGE Verified By: Thomas R. Mooney, AlCp Planning Director T:\AGENDA\2016EecembeMlanning\Transil lntermodal Facjlities - LDR - Second Read ORD.docx 4Agq&o&9sz 408 ,ji -: r li ,:': iNii'l '.'t'1;:1", ':': {t*6: *rtlelty inlhz*srp; r*r{h*, t*tat**t fif;f; tlsxLY I i'tti ! ._Gae2;**@1'EEa!%ffi&E l#n?}****6*:l\*l'{$S$ Mffi ilrn,litrvrty rfl lhiS arfa rei{1"(5 tur*i5 r:r 1.818 [AltY 409 IHURSDAY DtCEilBIR 19 2016 IMIAMIHTRAI.D.(OM I NEIGHBORS I | 23NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS TRANSIT INTERMODAL FACILITIES JANUARY 11,2017 NOTICE lS HEBEBY given that a Second Reading, Public Hearing, will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3'd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 11,2017 at 10:15 a.m., or as soon thereafter as the matter can be heard, to consider the adoption of the following Ordinance: LDB - TRANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLOHIDA, AMENDING SECTION 114.1, ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION FOR A "TRANSIT INTERMODAL FACILITY" AND ASSOCIATED DEFINITIONS;AMENDtNG CHAPTER 130, "OFF- STREET PABKtNG," ARTTCLE il, ,,DtSTR|CTS; REOUtHEMENTS," SECTTON 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PABKING DISTRICT NO, 1," AND SECTION 130.33, "OFF.STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS.2,3,4,5,6, AND Z" TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL FACILITIES," AND ESTABLISHING SECTION 130-40, "BICYCLE PARKING REQUIREMENTS," TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE PABKING FOR "TRANSIT INTERMODAL FACILITIES"; AMENDING CHAPTEH 130, 'OFF.STREET PARKING," ABTICLE III, "DESIGN STANDARDS,' SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," ESTABLISHING BEGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES IN ADDITIONAL BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY" BE AN ACCESSORY USE TO A MAIN USE PARKING GARAGE; BY AMENDING CHAPTEB 142, "ZONING DISTBICTS AND REGULATIONS," AT ARTICLE II, 'DISTRICT REGULATIONS," TO INCLUDE A 'TRANSIT INTERMODAL FACILITY" WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS: COMMERCIAL LOW INTENSITY (CD-1 ), COMMERCIAL, MEDIUM DENSITY (CD.2), COMMEHCIAL, HIGH INTENSITY (CD. 3), CIVIC AND GOVERNMENT USE (GU), HOSPITAL DISTRICT (HD), COMMERCIAL PERFORMANCE STANDARD, GENERAL MIXED USE (C.PS2), NORTH BEACH TOWN CENTER COBE (TC-l ), NORTH BEACH TOWN CENTER MIXED USE (TC-2); BY ESTABLISHING CHAPTER 142, "zONlNG DISTfiICTS AND REGULATIONS." AT ARTICLE V, "SPECIALIZED USE REGULATIONS," DIVISION 4, "THANSIT INTERMODAL FACILITIES," TO ESTABLISH REGULATIONS AND PROVIDE UP TO FIVE STORIES IN ADDITIONAL HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY' THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE AN INCLUDED USE WITHIN A PHOPERTY OR UNIFIED DEVELOPMENT SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-164 of the City's Land Development Code, Section 2.05 ol the City Charter and Section 166.041 Ftorida Statues. lnquiries may be directed to the Planning Department at 305.673.7550. INTEBESTED PARTIES are invited to appear at this meeling, or be represenled by an agent, or to express lheir views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, lsrFloor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the Office of the City Clerk, .1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constilute consent by the City for the introduction or admission ol otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law To request this material in allernate format, sign language 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 English or 2 for Spanish, then option 6; TTY users may call via 711 {Florida Belay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 1258 Paoe 491 ol 757 410 411 MIAMIBEACH TO: FROM: DATE: SUBJECT: 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,'' BY AMENDING THE TITLE OF ARTICLE VI ENTITLED ''EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS,'' TO ADD THE WORDS ''FOR FOOD SERVICE ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED ''EXPANDED POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS,' TO PROVIDE REGULATIONS THEREFOR, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERAB|LtTy COD|FtCAT|ON, AND AN EFFECTTVE DATE. RECOMMENDATION The Administration recomnrends that the Mayor and City Commission approve the Ordinance. ANALYSIS BACKGROUND On lt/arch 26, 2016, the Sustainability Committee made a motion recommending the Sustainability and Resiliency Committee (SRC) consider prohibiting the use of uncovered/ unencapsulated polystyrene docks on private property. This item was then sponsored by Commissioner John Elizabeth Aleman for further discussion at the SRC. During the October 26, 2016 SRC, a motion was passed by acclamation directing the Environment and Sustainability Department to work with the City Attomey's Office to draft an ordinance/resolution (Attachment A) that would prohibit the use of bare/unencapsulated polystyrene docks. On November 16, 2016, the SRC referred the draft ordinance to City Commission, with a favorable recommendation to address both existing and new docks and to include other types of encapsulation options. At the City Commission on December 7, 2016, the draft ordinance was passed for second reading with the recommendation of increasing the fines. Aralvsis Ordinances - R5 E COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 10:20 a.m. Second Reading Public Hearing Page 492 of 757 412 Floating docks that used exposed, open cell, expanded polystyrene foam (EPS) present a continuous impact to our waterurays. Environmental impacts associated with EPS and other plastics used for flotation include: the rate of degradation (water and sunlight), ingestton of particles by fish and wildlife, exposure to chemical elements such as benzene, styrene and ethylene, and aesthetics/littering associated with particles of flotation. ln addition to floating docks, buoys and as temporary floating structures are other sources of expanded polystyrene that can degrade into the environment (Attachment B). Encapsulating the flotation eliminates the breaking down of the foam and enables the flotation to last longer. The hard plastic exterior does not allow marine borers (mussels, barnacles, pile \^f,rms, etc.) to dig into and breakup the foam resulting in the loss of buoyancy. ln addition, exposed foam has a tendency to absorb gas, oil and other contaminants in the water. This will result in further breakdown of the foam and the retention of unwanted odors. |n2007, the U.S. Bureau of Reclamation, which manage, develop, and protect water and related resources in 17 western states, required all new construction (or upgrades of existing facilities) should not use unenclosed foam dock flotation or other installation that results in break up and trashing the lake. The U.S. Army Corps of Engineers (USACE) issued a national policy in 2008 that precludes the use of expanded polystyrene unless it is encased in an approved protective coating. ln the same year, the U.S. Department of Agriculture Forest SeMce requested Forest Service floating structures to only use extruded closed-cell EPS and the foam to be encased in a protective covering. Eliminating the use of exposed polystyrene in the City's watenruays, will reduce the breakdovrrn of polystyrene in our environment. Over time this will improve the cleanliness of our watenruays and ensure that we are protecting our sensitive marine habitats. CONCLUSION The following is presented to the members of the Mayor and City Commission for discussion and further direction. The Administration recommends that the Mayor and City Commission approve the Ordinance. KEY INTENDED OUTCOMES SUPPORTED Enhance Beauty And Mbrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Historic Assets, ln Select Nei gh borhoods And Redevelopnent Areas Legislative Tracking Environment and Sustainability Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Menrorandum Page 493 ot757 413 tlrCrrarice: Page 494 of 757 414 MIAMIBEACH City of Miami Beach, 1ZO0 Convention Center Drive.Miami Beach, Florida 33139. www.miamibeachfl.gov COMMISSION MEMORANDUM TO.Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales DATE: January 11,2017 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CIry OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS "FOR FOOD SERVICE ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS," TO PROVIDE REGULATIONS THEREFOR, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BACKGROUND On March 26, 2016, the Sustainability Committee made a motion recommending the Sustainability and Resiliency Committee consider prohibiting the use of uncovered/ un- encapsulated polystyrene docks on private property. This item was then sponsored by Commissioner John Elizabeth Aleman for further discussion during the Sustainability and Resiliency Committee (SRC). During the October 26,2016 SRC, a motion was passed by acclamation directing Environment and Sustainability staff to work with the City Attorney's Office on drafting an ordinance/resolution (Attachment B) that would prohibit the use of bare/unencapsulated polystyrene docks. On November 16, 2016, the SRC referred the draft ordinance to City Commission, with a favorable recommendation to address both existing and new docks and to include other types of encapsulation options. At the City Commission on December 7,2O16, the draft ordinance was passed for second reading with the recommendation of increasing the fines. ANALYSIS Floating docks that used exposed, open cell, expanded polystyrene foam (EPS) present a continuous impact to our waterways. Environmental impacts associated with EPS and other plastics used for flotation include: the rate of degradation (water and sunlight), ingestion of particles by fish and wildlife, exposure to chemical elements such as benzene, styrene and Page 495 of757 415 ethylene, and aesthetics/littering associated with particles of flotation. ln addition to floating docks, buoys and as temporary floating structures are other sources of expanded polystyrene that can degrade into the environment (Attachment A). Encapsulating the flotation eliminates the breaking down of the foam and enables the flotation to last longer. The hard plastic exterior does not allow marine borers (mussels, barnacles, pile worms, etc.) to dig into and breakup the foam resulting in the loss of buoyancy. ln addition, exposed foam has a tendency to absorb gas, oil and other contaminants in the water. This will result in further breakdown of the foam and the retention of unwanted odors. ln 2007, the U.S. Bureau of Reclamation, which manage, develop, and protect water and related resources in 17 western states, required all new construction (or upgrades of existing facilities) should not use unenclosed foam dock flotation or other installation that results in break up and trashing the lake. The U.S. Army Corps of Engineers (USACE) issued a national policy in 2008 that precludes the use of expanded polystyrene unless it is encased in an approved protective coating. ln the same year, the U.S. Department of Agriculture Forest Service requested Forest Service floating structures to only use extruded closed-cell EPS and the foam to be encased in a protective covering. Eliminating the use of exposed polystyrene in the City's waterways, will reduce the breakdown of polystyrene in our environment. Over time this will improve the cleanliness of our watenr,rays and ensure that we are protecting our sensitive marine habitats. CONCLUSION The following is presented to the members of the Mayor and City Commission for discussion and further direction. The Administration recommends that the Mayor and City Commission approve the Ordinance on first reading. Attachments: A- Pictures of fragmented polystyrene floating devices. B- Draft Ordinance. SMT/ESW/FCT Page 496 of757 416 Attachment A-Pictures of fragmented polystyrene floating devices (Photographer: David Doebler) Page497 of757 417 Page 498 of757 418 ORDINANCE NO. 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 'ENVIRONN'IENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS ,.FOR FOOD SERVICE ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS,'' TO PROVIDE REGULATIONS THEREFOR, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City'), a world-renowned tourist destination, declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its shores and famous beaches; and WHEREAS, the City is comprised of a number of islands with approximately 70 miles of shoreline along numerous canals and waterways, the Atlantic Ocean, and the Biscayne Bay Aquatic Preserve, all of which support a wide variety of flora and fauna; and WHEREAS, the waters surrounding the City support threatened and endangered species, such as the West lndian manatee and Johnson's seagrass; and WHEREAS, the City's beaches are a designated nesting habitat for the protected loggerhead, green, and leatherback sea turtles, and support shorebird species, including royalterns and seagulls; and WHEREAS, the City's waters also act as nurseries and habitats for migratory birds, including brown pelicans and ospreys, and for commercially and recreationally important fish, such as snapper, sailfish, and mahi-mahi; and WHEREAS, expanded polystyrene, a petroleum by-product commonly known as styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environrnent; and WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing them; and WHEREAS, due to the physical properties of expanded polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment, and the economy"; and WHEREAS, unencapsulated expanded polysgrene floating docks, floating platforms, and buoys degrade overtime or due to contact and contribute to litter in the waterways, and on the City's beaches and shores; and Page 499 of757 419 WHEREAS, the City's goal is to replace unencapsulated expanded polystyrene floating docks, floating platforms, and buoys with environmentally friendly alternativesi and WHEREAS, as an environmental leader among local governments in the State of Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the use of unencapsulated expanded polystyrene floating docks, floating platforms, and buoys; and WHEREAS, this Ordinance will preserve and enhance the environment of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Articte Vl of Chapter 46 of the Code of the Cig Miami Beach is hereby amended and Article Vll is hereby created as follows: CHAPTER 46 ENVIRONMENT *** ARTICLE vl. Expanded Polystyrene sale and Use Restrictions lqr Food seruice Articles *** ARTICLE Vll. Expanded Polvstvrene Restrictions for Floatino Docks. Floatino Platforms. and Buovs Sec. 46-209. Definitions, TheJollo,wing,wordg. terms, and. phrases, when used in this article. shall have the meaninss ?scribed to them in this section. except where the context clearlv indicates a different meaning: Buoy means anv floatino device used as a waterway marker or a navigation aid. Code comoliance ot?cermeans a code inspector as defined in section 30-3 of the citv code and shall include. without limitation. police officers. Expanded polvsfvrene means blown polvstyrene and expanded and extruded foams that are thermoolastic petrochemical materials utilizing a styrene monomer and orgcessed bv any number of techniques includino. but not limited to. fusion of oolvmer SPheres (expandable bead foam), iniection molding. foam moldins. and extrusion- blown moldino (extruded foam polvstvrene). 2 Page 500 of757 420 F/oafing dock means a structure supported by expanded polvstvrene foam flotation and held in place bv pilinos and or moorinq devices and which includes, but is not limited to. boardino floats. qanowavs. ramps. walkwavs. marinas, or anv combination thereof. F/oaftng p/afform means a structure supported by expanded polvstyrene foam flotation which includes. but is not limited to. such structures used to clean. repair. or service a boat or a fixed or floatino dock. and which structures mav be attached to a boat or a fixed or floatinq dock bv ropes or mooring devices. Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least 80 percent stvrene or oara-methvlstvrene bv weioht. Unencapsulafed expanded polysfyrene means expanded polvsfurene that is not completely encapsulated or encased within polyurethane ethvlene-vinvl acetate (EVA). polvethvlene. other comoarable materials approved bv and acceptable to the Cifu's public works department and environmental and sustainabilitv department, or that is not encapsulated or encased with a protective coverino that is warranted by the manufacturer for eiqht (8) years or more against cracking, peelinq, slouqhino, and deterioration from ultra violet ravs and physical contacts. Sec.46-210. Prohibitions resardinq the use of unencapsulated expanded polvstvrene for floatinq docks. floatinq platforms. and buovq: exemptions. Unencapsulated expanded oolvstvrene floatino docks. floatino platforms. and buovs are prohibited to be used or placed in anv of the waters and waterwavs within the iurisdiction of the City. This article shall not apolv to countv. state. or federal oovernment entities. Section 46-211. Enforcement penalties. lg)Beginning March 1, 2017. the City shall enoase in public education efforts to inform the public of the provisions of this article and to provide assistance with identifuinq alternatives to unencapsulated expanded polvstyrene floatino docks. floatino platforms. and buovs. (b) Beqinning September 1. 2017. the City shall provide for a six (6) month warnino oeriod throuoh and including March 1.2018 durino which the code compliance deoartment shall issue written warninos for violations of this article. GI Beqinnino March 2. 2018. the code compliance department shall enforce the provisions in this article. (glllf a code compliance officer finds a violation of this article. except as othenrise provided during the wamino oeriod in subsection (b). the code comoliance officer shall issue a notice of violation. The notice shall inform the violator of the nature of the 3 Page 501 of757 421 violation, amount of fine for which the violator is liable. instructions and due date for Davinq the fine, that the violation may be apoealed bv requestinq an administrative hearino before a special master within ten (10) davs after service of the notice of violation. and that the failure to appeal the violation within ten (10) davs of service shall constitute an admission of the violation and a waiver of the rioht to a hearino. (g) A violator who has been served with a notice of violation must elect to either: (1) pav the followinq civil fine for an unencapsulated expanded polvstyrene floatinq dock or platform: Ih) Second violation within a 12-month period..................... $500SO91000.00: G) Third or subsequent violation within a 12-month period.... ${€gg$e$2000.00: or (!) pav the followinq civil fine for an unencapsulated expanded poh/styrene buov: (g) First violation within a 12-month period.......................................... $50.00: (b) Second violation within a 12-month period..................................... $100.00: G) Third or subsequent violation within a 12-month period............. $250.00: or (Q request an administrative hearing before a special master to appeal the notice of violation. which must be requested within ten (10) davs of the service of the notice of violation. The procedures for appeal bv administrative hearino of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for hearings must be accompanied bv a fee as aporoved bv a resolution of the city commission. which shall be refunded if the named viotator orevails in the appeal. (fl Failure to pav the civil fine. or to timely request an administrative hearinq before a special master. shall constitute a waiver of the violato/s rioht to an administrative hearino before the special master. and shall be treated as an admission of the violation. for which fines and penalties shall be assessed accordinoly. (g) A certified copv of an order imposinq a fine mav be recorded in the public records. and thereafter shall constitute a lien upon anv real or personal property owned bv the violator. which may be enforced in the same manner as a court iudgment by the sheriffs of this state. includinq lew aoainst the violato/s real or personal property. but shall not be deemed to be a court judoment excent for enforcement purposes. After three months followino the recording of any such lien that remains unpaid. the City mav foreclose or otherwise execute uoon the lien for the amount of the lien plus accrued interest. 4 Page 502 of757 422 (h) The special master shall be prohibited from hearinq the merits of the notice of violation or considerinq the timeliness of a request for an administrative hearinq if the violator has failed to request an administrative hearinq within ten (10) dave of the service of ice of violation. T ster shall not discretion to alter the penalties prescribed in thi$ article. Anv partv agqrieved bv a decision of a special ma5ter mav appeal that decision to a court of competent iurisdiction. SECTION 2. REPEALER, All ordinances or parts of ordinances in conflict herewith are hereby repealed. sEcTtoN 3. SEVERABIL|TY, lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Flarida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION $, EFFECTIVE DATE. This Ordinance shalltake effect on the day of PASSED AND ADOPTED this _ day of ATTEST:Philip Levine, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner John Elizabeth Alemirn) Underline denotes additions Strke+nrough den otes d e letion s F:\ATTO\TURN\OROI|{ANC\Polystyrene Docks\Restriction$ichapter 4B A.ticle Vll , ?016.drcx 5 Page 503 of757 2417. 2017. APPROVTD AS TO FORI\ll & LANGUAGE & FOR EXTCUTION 44-/ULJ{q,{q ,/r/rz - ciryffr(',ndf d Dore 423 clAvttoruoA '. Doleqrffi g( totr ExECriIOt4 totsr\tg ivHenveE VbbUONED VA.IC Page 504 ot757 424 425 MIAAAI BEACH TO: FROM: DATE: SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE clTY oF MIAMI BEACH, ENTTTLED "pUBLtC pROpERTy" By AMENDTNG ARTICLE IV 'USES IN PUBLIC RIGHTS.OF-WAY" BYAMENDING DIVISION 5, ..SI DEWALK CAFES,'' BY AMENDING SUBDIVISION I I, "PERMIT," BY AMENDING SECTION 82.385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN sTH STREET AND 1sTH STREET; AND PROVIDING FOR REPEALER, COD|F|CAT|ON, SEVERAB|LtTy AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recomrnends that the City Commission adopt the ordinance. ANALYSIS BACKGROUND On September 27,20'16, the Mayor and City Commission adopted Resolution No.2016-29590, approving a 1O-Point Plan for Ocean Drive. As part of this 10-Point Plan, revised design standards and guidelines for sidewalk caf6s were developed and approved. The elernents of the approved guidelines related to the securing of umbrellas to the sidewalk, as well as certain design standards for umbrellas, require arnendnents to Chapter 82 of the City Code. The sponsor of this proposed Code Arnendrnent is Commissioner Ricky Aniola. ANALYSIS The following is a surrnrnry of the proposed modifications to Chapter 82 of the City Code, to accomrnodate the Ocean Drive Sidewalk Cafe Design Guidelines approved under the 10 Point Plan. The proposed nndifications are specific to properties located on the west side of Ocean Drive between Sth street and 1Sth street: Securino of Sidewalk Umbrellas. Umbrellas nny be affixed to the sidewalk with an inground nnunt system that is flush with the sidewalk or with a bolted rnetal plate not to exceed nine inches (9") by nine inches Ordinances - R5 F COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 10:25 a.m. Second Reading Public Hearing Page 505 of 757 426 (9") in size;. Adetailed engineering plan must be approved by the Public Works Departnent;. The rnount system or nretal plate must be easily rernovable (as determined by the city) to provide a snnoth ADA-compatible surface when the nnunt system or rnetal plate is removed;. At the time a sidewalk caf6 becornes non-operational, the umbrellas and nnunt system or metal plates shall be renxrved and standard concrete sidewalk re-installed. Umbrella Design Standards. Arnaximum of three (3) umbrellas rnay be lpped together;. Rain gutters rnay be installed between lpped umbrellas;. Colorless and transparent roll-down tarps nay be permitted to be attached to umbrellas, provided that the tarps are only utilized during periods of strong wind or rainfall. The npdifications to Chapter 82 of the City Code proposed in the attached Ordinance are specific to the standards and guidelines adopted as part of the 10 Point Plan for Ocean Drive, and are expected to significantly improve sidewalk caf6 seating, pedestrian circulation and services. These standards were developed to rnaintain a careful balance between the operational needs of businesses and the architectural character and integrity of the streetscape is critical for the long term success of Ocean Drive. UPDATE On December 14,2016, the City Commission approved the subject ordinance at First Reading, with no changes. CONCLUSION The Administration recomrnends that the City Commission adopt the ordinance. FINANCIAL INFORMATION ln accordance with Charter Section 5.02, wlrich requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola AfiACHMENTS: Description n Ordinance Page 506 of757 427 ORDINANCE NO. AN ORD]NANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..PUBLIC PROPERTY,'' BY AMENDING ARTICLE IV, ..USES IN PUBLIC RIGHTS.OF.WAY," BY AMENDING DIV]SION 5,..SIDEWALK CAFES," BY AMENDING SUBDIVISION II,..PERMIT," BY AMENDING SECTION 82-385, ENTITLED.,MINIMUM STANDARDS, GRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OGEAN DRIVE BETWEEN sTH STREET AND 1sth STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EEJECTTVE DATE. WHEREAS, on September 27, 2016, the Mayor and City Commission adopted Resolution No. 20'16-29590, approving a 10-Point Plan for Ocean Drive; and WHEREAS, the 10-Point Plan specified that sidewalk caf6 umbrellas should be allowed to be bolted or similarly attached to the sidewalk, that umbrellas be allowed to be zipped together with gutters and that umbrellas be allowed to have roll-down, transparent tarps to be utilized during rain or wind events; and WHEREAS, Ocean Drive is a unique, historic and highly significant promenade containing hotels, restaurants and retail establishments, which serve tourists and residents alike; and WHEREAS, the Ocean Drive Sidewalk Cafe Design Guidelines offer design standards that will create a more balanced approach that will accommodate sidewalk caf6 seating, pedestrian circulation and services; and WHEREAS, the need to maintain a careful balance between the operational needs of businesses and the architectural character and integrity of the streetscape is critical for the long term success of Ocean Drive; and WHEREAS, the design standards contained within the Ocean Drive Sidewalk Caf6 Design Guidelines will improve pedestrian safety, security and ADA access serving the heallh, safety, and welfare of the City's residents and visitors. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY coMMlsstoN oF THE ctTy oF MtAMt BEACH, FLORIDA, AS FOLLOWS: SECTION {. That Section 82-385 of Chapter 82 o'f the Miami Beach City Code is hereby amended as follows: CHAPTER 82. PUBLIC PROPERTY *** Page 507 of757 428 (k) Article lV. Uses ln Public Rights-Of-Way *** Division 5. Sidewalk Cafes *** Subdivision ll. Permit Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes. (1) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable, and shall not be physically attached, chained, or in any other manner affixed to any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of-way. Notwiths the sof umbrellas be affixed to the sidewalk with an in-ground mount svstem that is flush with the sidewalk or with a bolted metal plate not to exceed nine inches (9") bv nine inches (9") in size. A detailed enqineerino desiqn. and a structural analvsis of either the mount svstem or metal plate, shall be submitted to the department of public works for review and approval. lf permitted, such mount svstem or metal olate must be easilv removable (as determined bv the citv) to provide a smooth ADA-compatible surface when the mount svstem or metal plate is removed. ln the event that a particular sidewalk caf6 is no lonqer a permitted use. the umbrellas and entire mount system or metal plates shall be removed and standard concrete sidewalk shall be re-installed. subiect to the approval of the department of public works. (r) (1) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six feet eight inches above the right-otway. Two or more umbrellas may not be clipped, zipped or othenrvise fastened together in order to form a tentlike structure, Clear plastics or other materials may not be fastened, rolled or othenruise be attached to umbrella edges in order to create an enclosure. (2) Notwithstanding the provisions of subsection (rXl ). and sublect to olanninq nt revi ted on the a, A maximum of three (3) umbrellas mav be zipped tooether: b, Rain outters mav be installed between zipped umbrellas: c, Colorless and transparent roll-down tarps mav be permitted to be attached to umbrellas, provided that the tarps are onlv utilized durino periods of strono wind or rainfall. Within one hour of the cessation of suoh wind and/or rainfall. the roll- down tarp shall be removed from the umbrella/awning system and stored on private propertv. Page 508 of757 429 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. lf any section, sentence, clause or phrase of this ordinance 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 this ordinance. SECTION4. CODIFICATION. 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 a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the PASSED and ADOPTED this day of 2017. day of , 2017. ATTEST: Philip Levine, Mayor Rafael E, Granado, City Clerk Underline denotes added language S+ike+nreugh denotes deleted la ng uage (Sponsored by Commissioner Ricky Arriola) APPROVEDASTO FORM & TANJGUAGE & FOREXECUT]ON ,&&t CltyAttornof I'JT F:\ATTOV(ALN\ORDINANCES\Ch 82 Ocean Drlve standards - Final Ordinance.docx 8lil Page 509 of757 430 431 Ordinances - R5 G MIAAAIBEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager January 11,2017 First Reading SUBJECT: SUNSET HARBOUR HEIGHTAND SETBACK: AN ORDINANCE OF THE MAYOR AND C Y COMMISSION OF THE CITY OF MIAMI BEACH, FLORI DA, AMEND ING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, ''ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II, ''DISTRICT REGULATIONS'" DIVISION 5,''CD-2, COMMERCIAL, MEDI UM-I NTENSITY DISTRICT,'' SECTION 142.306, ''DEVELOPMENT REGULATIONS,'' BY AMENDING THE SETBACKS AND IVAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR MIXED- USE DEVELOPMENT IN THE SUNSET HARBOUR AREA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recomnends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading Public Hearing for February 8,2017. ANALYSIS BACKGROUND The subject ordinance amendnent is a private application filed by Bradley Corner. The application came before the Planning Board on October 14, 2016, and was continued to a date certain of Novernber 15,2016, at the request of the applicant. On November 15, 2016, the Planning Board transmitted the item to the City Commission with a favorable recomrendation. PLANNING ANALYSIS ln the attached map, the bold purple area denotes the applicant's property. The area in light blue (bounded by PurdyAvenue, Dade Blvd., Bay Road and 18h Street) denotes the area proposed for a height increase to 90 feeUT-stories for mixed-use buildings on properties with 150 feet of frontage on Purdy Avenue. The dark blue area (bounded by properties on the north side of Dade Blvd. between Aton Road and Bay Road) denotes the proposed height increase to 60 feeU6-stories for mixed-use buildings, regardless of frontage. All of the aforernentioned areas are zoned CD-2, Commercial Medium lntensity, which currently has a height limit of 50 feeU5-stories in the Sunset Harbour area. ln addition to the height increase, the ordinance as proposed would reduce the minimum required pedestal and tower setbacks for the areas outlined above. Currently, the code requires that for mixed-use buildings, when more than 25 percent of the total area of a building is used for residential or hotel units, any floor containing such units shall follow the RM-1, 2, 3 setback regulations. The Page 510 of757 432 following charts sumnnrize the existing and proposed setbacks for residential or hotel uses in mixed- use buildings within the highlighted areas: Cu rrent Setback Requi renrents: I F.ont . Side, lnterior a Street Pedestal 20 f'eet Sum of the side yards shall equal 16% of lot rvidth Minillum-7.5 fect or 8% of lot width. whichever is s'eater Sun-r of the sidc yards shall equal 16% of lot vvidth Minimum-7.5 fect or 8% of lot width, whichcver is greater io%*-"r- r"i depth Towcr 20 feet + 1 foot for every I fbot increasc in height above 50 feet, to a maximum of 50 feet. then shall remailr constant- The required pedestal setback plus 0.10 of the hciglrt of the tower portion of the building. The total required setback shall not exceed 50 feet Sum of the side yards shall equal 16oh of the lor width Minirnurn-7.5 feet or 8% of lot width, whichever is greater 15% of lot depth !j i Sidc, Facing j Rear i^.i Proposed Setback Requirements: Front Side, lnterior Side, Facing a Street Rear Pedestal 25 feet l0 feet Surn of the side yards shall equal l6Yo of lot width Minirnum-7.5 feet or 8oh of lot width, whichevcr is seater 5 feet Tower 25 feet l0 feet Sum of the side yards shall equal 16% of the lot width Minirnum-7.5 feet or 8% of lot width, whichever is geater 5 feet Based upon the applicant's property as an example, with 200 feet of frontage, and a height of g0 feet, the following charts provides an indication of the current and proposed setback requirernents. Current requirernents for an interior lot width of 200 feet and depth of 150 feet, and based upon proposed height of 90 feet: Front Side, Interior Rear Pedestal 20 feet 16 feet min 32 feet sum of the side yards 15 feet Tower 50 feet 20 feet 22.5 feet Page 51 1 ot757 433 I Proposed requirenents for an interior lot width of 200 feet and depth of 150 feet, and based upon proposed height of 90 feet: Flonl Side, lntcrior Rear 10 f*iG; 20 feet (sum ofthe side yards) PLANNING BOARD REVIEW On November 15,2016, the Planning Board (by a5-2 vote)transmitted the proposed Ordinanceto the City Commission with a favorable recomnendation. The Planning Board also recomnrended that a rnaximum height of 90 feet be explored for the larger CD-2 area in Sunset Harbor (including lots fronting Dade Blvd) that was included in the boundaries of the ordinance. This proposed increase to 90 feet within the larger area has not been included in the draft ordinance for First Reading. SUMMARY The subject application was filed by an eligible property owner within the area affected by the proposed arnendrnent. At the Planning Board, Planning staff had no objection to the height increases proposed, as they would not be inconsistent with existing structures located south of 18th Street within the Sunset Harbour Neighborhood. However, Planning staff did recomrnend further study of the requirenrrent that additional height only be allowed for lots greater than 150 feet in width. Planning staff also identified concerns with the reduction in setbacks proposed, especially for the tower portion of a building (above 50 feet in height). To this end, language has been included in the draft ordinance increasing setbacks and limiting naximum building depth to seventy-five (75) feet regardless of lot depth for upper floors. However, in order to minimize the potential solid npss of a large building wall, Planning staff recomrnended that additional regulations, similar to the anendments adopted for Washington Avenue be studied for this proposed ordinance. As an example, for the area in Sunset Harbor, this could include the following requirenent for lots that have a frontage that is greater than '150 feet: No plane of a building above the ground floor shall continue for greater than 100 feet without incorporating a recess facing the front(s) of the property, open to the sky, with a minimum width of 20 feet and a minimum depth of 15 feet from the face of the building. The Design Review Board rnay reduce or increase this recess area, in accordance with the criteria specified in Chapter 118, Article vl. An added provision such as this would help mitigate the impacts of the reduced side setbacks by requiring the building rnass to be broken-down along properties with substantial street frontage. Due to the additional 40 feet of height afforded by the Ordinance, nrodulation of the building rmss is critical in designing a structure that does not ovenrvhelm the neighborhood. ln furtherance of this notion, Planning staff also recomrnended that the front tower setbacks be increased from 25 feet to 30 feet, which is still a substantial reduction from the current requirenents. Page 512 of 757 434 Given the layout of the applicant's property, as well as other potential sites with multiple zoned frontages (e.9. Bay Road and Purdy Avenue), the Mministration believes that sonre increased flexibility in minimum front and interior setback requirernents is warranted. However, as noted previously, in order to properly study and analyze changes to the setback requirenents, the administration recomrnended that the applicant provide nnssing studies showing examples of the potential impact of the proposed ordinance, for further review, and prior to the adoption of the ordinance. UPDATE The subject application was filed by an eligible property owner within the area affected by the proposed anendnent. At the Planning Board, Planning staff had no objection to the height increases proposed, as they would not be inconsistent with existing structures located south of 18th Street within the Sunset Harbour Neighborhood. However, Planning staff did recomnend further study of the requirenrent that additional height only be allowed for lots greater than 150 feet in width. Planning staff also identified concerns with the reduction in setbacks proposed, especially for the tower portion of a building (above 50 feet in height). To this end, language was included in the draft ordinance reviewed by the Planning Board that increased setbacks and limited nnximum building depth to seventy-five (75) feet regardless of lot depth for upper floors. However, in order to minimize the potential solid nass of a large building wall, Planning staff recomnended that additional regulations, similar to the anendnrents adopted for Washington Avenue be studied for this proposed ordinance. As an example, for the area in Sunset Harbor, this could include the following requirenent for lots that have a frontage that is greater than 150 feet: No plane of a building above the ground floor shall continue for greater than 10A feet without incorporating a recess facing the front(s) of the property, open ta the sky, with a minimum width of 20 feet and a minimum depth of 15 feet from the face of the building. The Design Review Board may reduce or increase fhis recess area, in accordance with the criteria spcified in Chapter 118, Article Vl. An added provision such as this would help mitigate the impacts of the reduced side setbacks by requiring the building nnss to be broken-down along properties with substantial street frontage. Due to the additional 40 feet of height afforded by the Ordinance, nrcdulation of the building mass is critical in designing a structure that does not ovenruhelm the neighborhood. In furtherance of this notion, Planning staff also recomrnended that the front tower setbacks be increased from 25 feet to 30 feet, which is still a substantial reduction from the current requirenents. Given the layout of the applicant's property, as well as other potential sites with multiple zoned frontages (e.9. Bay Road and Purdy Avenue), the Administration believes that sonre increased flexibility in minimum front and interior setback requirements is wananted. UPDATE On December 14, 2A16, at the request of the applicant, the City Commission opened and continued the item to a date certain of January 11, 2017. The applicant has now provided additional rnassing studies (attached), which illustrate the potential impact of the proposed ordinance changes on the existing site. The applicant has also revised the proposed Ordinance in response to concerns expressed by the Mministration regarding the rnassing and orientation of the tower portion (the area above 50 feet in height)of a future project. ln this regard, the following additional language has been included in the Page 513 of757 435 ordinance, which replaces the previous limitation on building depth: The maximum footprint of allowable residential floors above fifty $Q feet in height shall not exceed forg {a0) percent of the size of a lot. The Administration believes that this npdification addresses the previously expressed concerns regarding the massing and orientation of a future project and will ensure that the proposed increase in building height does not result in a rnonolithic, overly horizontal rnass. As such, the Administration is supportive of the ordinance. CONCLUSION The Administration recomrnends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading Public Hearing for February 8,2017. FINANCIAL INFORMATION ln accordance with Charter Section 5.02, wlrich requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Legislative Tracking Planning Sponsor Private Application ATTACHMENTS: Description o Sunset Harbor - Map o Massing lllustrations and Comparisons n Ordinance Page 514 of 757 436 Sunset Harbour Height lncrease liitrifiiiv, iil:ir\irr:, ,. r1:;-:: L i ,':i ,1.+ Page 515 of757 437 '*.,, ',t'. ,lNl':,7;i , ry!:.Ll.i Eilll oilif: tlFri j!1 i !i)[!rE!-:8.i..i.]! :r.r iotiJi:j rii:;irr 5c PRCPOS:D I.1I)<ED USE RETAiL]R:SIDENf IAL SC}1LI/{ Bilii Ollla r!; G:ri *l 1aJ fii:SlD!iiliAi. Ll$r lS Page 516 of757SUNSET HARBOUR RESIDENCES MIAMI BEACH FLORIDA DOMO ARCHITECTURE + DESIGN &gIilTECTURE ffi SgX ArcHIEC'URE RSNM 438 i\iN .liN ?. , BAY ROAD '\ a-,,,,- '- .::.................,.,,) .,/-\,/ --"".-.* i: li iu i iiT- I I I I I I I| -- ---. IIF LUtrld.Fv\ IF@ F{ - - ^{mDrtrctunodr{oF Page517 of757 PURDY AVE DOMO ARCHITECTURE + DESIGN ffi CHITECIURE WO$* Aft HIIEC]URE RSNING ffir33 SUNSET HARBOUR RESIDENCES MIAMI BEACH FLORIOA ..,aaa'-,.)v//-a."-.,;!..,.:4.-2.-aa.: ' !. iL\\\\ii7271.1r1.,{uf ,i 439 BAY ROAD \\,/\IF LLl ITJilF IF@d Page 518 ot757 PURDY AVE DOMO ARCHITECTURE + DESIGN &CHITECIME LMSAtr ArcHITECfu R€ ffi Mre SUNSET HAREOUR RESIDENCES MIAMI BEACH. FLORIDA it::-:: t:f l- N\\:l l"\\.\\-\\:-.l:2<)7//z-.,-<*L'.z-:t= 440 ' ',-:4.;:.,. riNnl .. "--':ri- ., \it - .i ri'1,'1"'i' 7 ALLOWED RM.2 LOW.RISE TOTAL FLOORS 4 PEDESTAL SETBACKS - NON-OCEANFRONT(CD-2) FRONT OlO' slDE 0'.0" REAR 5'.0' PEDESTAL SETBACKS (RM.2) FRONT MINIMUM 2O:0" SIDE 44'-11" (COMBINED 16% LOT WIDTH + 10% TOWER PORTTON OF ELDG HGT REeU|RED)REAR 11',-3" (rs% LOT DEPTH) Page 519 ot 757 PROPOSED ORDINANCE LOW-RISE TOTAL FLOORS 7 PEDESTAL SETEACKS - NON-OCEANFRONT(CD-2) FRONT O'-O- stoE 0i0" REAR 5'.0" TOWER SETBACKS (RM.2) FRONT 25',-0'(50o'BALCONYPROJECTTONALLOWEO) SIDE 10'PER SIDE REAR 5'-0" SUNSET HARBOUR RESIDENCES MIAMI AEACH. FLORIDA DOMO ARCHITECTURE + DESIGN sCHITECIWE I.MUft ARCHITECIURE fu ilNNC @s3 441 ALLOWED CD.2 COMMERCIAL PROPOSED ORDINANCE LOW.RISE IOIAL FLOORS 4 PEDESTAL SETBACKS FRONT O'-O' stDE 0 -0" REAR 5:0" PEDESTAL SETBACKS FRONT O'.0' stDE 0'-0' REAR 5'-0" TOTAL FLOORS 7 PEDESTAL SETBACKS FRONT O!O' sloE 0 {" REAR 5'.0" TOWER SETBACKS (RM.2) FRONT 25'-0'(50%BALCONYPROJECTIONALLOWEO) SIDE 10'PER SIOE REAR 5'-0" Page 520 ot757 SUNSET HARSOUR RESIDENCES MIAMI BEACH, FLORIDA DOMO ARCHITECTURE f DESIGN MCHIT€CTURE UrcSA* I*I'EC]ME R&NIrewa1 442 7 ALLOWED RM.2 LOW.RISE TOTAL FLOORS 7 PEDESTAL SETBACKS . NON.OCEANFRONI(CD-2) FRONT O'-0" stDE 0'-0' REAR 5:0" TOWER SETBACKS {RM.2)FRONT MINIMUM 20L0'(plus1'perl'increaseioheightabove50') MAXIMUM 50'-O' SIDE 44'-11" (COMBINED 16% LOTWIDTH + 10% TOWER PORTION OF BLDG HGT REOUTRED)REAR 11'-3" (1506 LOT DEPTH) Page 521 ot 7 57 PROPOSED ORDINANCE LOW-RISE TOTAL FLOORS 7 PEDESTAL SETBACKS - NON-OCEANFRONT(CD-2) FRONT O!0" slDE 010" REAR 5:0" TOWER SETBACKS iRM-2) FRONT 25',-0" {50on BALCONY PROJECTTON ALLOWEO) SIDE ,10'PER SIDE REAR 5'-0" SUNSET HAREOUR RESIDENCES MIAMI BEACH, FLORIDA DOMO ARCHITECTURE + DESIGN ECHITECTME I.AMSE rcHIIECfu RE luxrc 443 i;r*Sl :,.I t'".i.il SUNSET HARBOUR RESIDENCES M'.AMIBEACH, FLORIOA DOMO ARCHITECTURE + DESIGN ARBI'ECERE INOS&PE ftHITECIWE AANNING smr33 - r tE'. ", -] \r\ '' - - r 444 :a:7r;,:ti: i \,,rt l \\\N -7_--r:-:2.4",.:,: :i i, t,tt. 7/_21-,:2. .r4,,.,ii,.'i'.\ " 'r azrT:.L.,. Page 523 al75r-SUNSET HAREOUR RESIDENCES M'AMI BEACH, ELORIOA DOMO ARCHITECTURE + DESIGN 4qCHITECIURE TAilOSCAPE ARCH!'EC'UI1E'TANtrIN' 445 \\,/\-i !!t J SUNSET HARBOUR RESIDENCES MIAMI BEACH, FLORIDA DOMO ARCHITECTURE + DESIGN ARCHITECITTRE I NOgBP' A*CHITEC'URE'LANtrNE a6s?333 446 Page 525 of 757SUNSET H,ARBOUR RESIDENCES MIAM' BEACH, FLORIDA DOMO ARCHITECTURE + DESIGN ARCHil T:CIURE L}N'SCAPI N' 447 ,N,'u,''Y :.:rl,'ill'rt'-iit *. \.t \r \. \-- \t"^'z'i \\\\\",\ \ ALLOWED RM-2 LOW-RISE TOTAL FLOORS 4 PEDESTAL SETBACKS . NON-OCEANFRONT(C0.2) FRONT O!O' SIDE O:O' REAR 5:0" PEDESTAL SETBACKS (RM.2) FRONT MINIMUM 2OIO" SIDE 44 -11" (COlvlBlNED 160,6 LOT WIDTH + 109; TOWER PORTION OF ELDG HGT REQU|RED)REAR 11',-3',(15% LOT DEPTH) Page 526 ol 757SUNSET HARBOUR RESIDENCES MIAMI BEACH. FLORIDA DOMO ARCHITECTURE + DESIGN &CHITECME UBSE NHITECME ft AtrNITG 448 ..N irlN' tt-" \ ALLOWED CD.2 COMMERCIAL TOTAL FLOORS 5 PEDESTAL SETEACKS . NON-OCEANFRONT(CD.2) FRONT O'-0" stDE 0 -0' REAR 5'-0" PEDESTAL SEIBACKS - NON-OCEANFRONT(CD-2) FRONT O:0" s,DE 0!0" REAR 5'-0" Page527 01757 tli! \ SUNSET HARBOUR RESIOENCES MIAMI BEACH FLORIDA DOMO ARCHITECTURE + DESIGN MCHITECTURE WDSqft AMHITECruRE A&NM@g 449 SUNSET HARBOR HEIGHT AND SETBACKS ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II,''DISTRICT REGULATIONS'" DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142^306, ''DEVELOPMENT REGULATIONS,'' BY AMENDING THE SETBACKS AND MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR MIXED-USE DEVELOPMENT IN THE SUNSET HARBOUR AREA; PROVIDINIG FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which prornote the public health, safety and generalwelfare of its citizens; and WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides for the regulation of land within the City; and WHEREAS, the City seeks to encourage well-designed mixed-use projects on parcels fronting on southern Purdy Avenue and Dade Boulevard in the Sunset Harbour neighborhood WHEREAS, the Planning Board, at its meeting dated December 15, 2A16, by a vote of 5-2, recommended in favor of the Ordinance; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1,, That Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 5, "CD-2 Commercial, Medium lntensity District," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-306. - Development regulations. The heiElht and setbacks of mixed-use bqildings in the Sunset Harbour Neiqhborhood. oenerallv bounded by Purdv Avenue, 20th Street. Alton Road and Dade Boulevard, shall be further governed as follows: ualto or Avenue of 90 and seven (7) stories. Allflqprs above 50 f units (a) Page 528 of757 450 (n) Mwith a lot line on _Dade Boulevard shall have ? maximum hqiqht of 60 feet and six (6) stories reo_?rdless of lot frontage (c) Setbacks for the residenti in mixed-use buildinos on I equal to otgreater than 1S_O.feetJUith a lot_ltne_qn_PUrdv Avenue south of t of with a lot line otl Dade Boulevard shall follow Section 1.42-307, except that pedestal or fiye (5) foot rear setback, and_ten (10) foot interior side setbacks fep-a-.r+axim.u#buildinq . Balconies mav intrude up to fift)r GQgercent into requi The maximurqfootpr ential flools-ahpveliftv-(5lUect-in- her-qht-EtLa[nolexqe$Lt_ qryLk0Luercenloilhe-stze-otalo! SEGTION 2. REPEALER, All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION3. CODIFICATION, It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word, SECTION4. SEVERABILITY. 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 etfect ten days following adoption. PASSED and ADOPTED this day of ATTEST: 2017. Philip Levine, Mayor Rafael E. Granado, City Clerk Underline denotes new language Stnit<e+n+eugh denotes deleted language T:\AGENDA\2017\1 - January\Planning\Sunset Harbour Height and Setbacks -First Reading ORD.docx APPROVEDASTO FOHM &TANGUAAB & ronE)ffiouflor{ Mir,, -,0 clryAtrorno, IJK offi 7 as R. Mooney, AICP Page 529 ot757 451 Ordinances - R5 H MIAAAIBEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 First Reading SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY" AT DIVISION V ENTITLED 'SIDEWALK CAFES,'' AT SECTION 82- 383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE- PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; PROVIDING FOR REPEALER, SEVERABILITY CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION Staff recommends approving the Ordinance on First Reading, to renpve the provision allowing partial paynents to all funds being due upfront. ANALYSIS The City of Miami Beach is in the process of implementation of the EnerGov permitting system. ln addition staff has been reviewing the Sidewalk Caf6 Ordinance for potential modifications to fit the EneGov system as well as improve tracking. The current Sidewalk Cafe Ordinance (Section 82-383) allows applicants to pay their permit fee in turrc semiannual installments if the fee exceeds $2,000 with the first installment due on October 1st and the second due onApril lst.This process cannot be accommodated in the new permit tracking system and has led to increased staff resources to track and bill for the second installment. On September14,2016, the CityCommission referred this item to the Finance and Citywide Projects Committee for discussion and further direction. On September 30, 2016, at the Finance and Cityruide Projects Committee, the Committee recommended changing the ordinance to remove the exemption of allowing partial payment to all funds being due. Staff vras directed to bring back a draft ordinance to the Commission reflecting the change. Page 530 ot757 452 CONCLUSION Staff recommends approving the Ordinance on First Reading, to remove the provision allowing partial payments to all funds being due at the time of permit assuance Legislative Tracking Public Woks Sponsor Commissioner Ricky Arriola ATTAGHMENTS: Description n ordinance, first reading Page 531 ot757 453 ORDINANCE NO, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID,A, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY'" AT DIVISION V, ENTITLED..SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at Chapter 82, relating to the regulation of public property, at Division V, entitled "Sidewalk Caf6s," the City regulates the ability of certain restaurants to utilize abutting public sidewalk areas for sidewalk cafes; and WHEREAS, Section 82-383, entitled "Permit fee, penalties for late payment, review of fee; exception," which establishes the annual permit fee, penalties, enforcement, and process for payment; and WHEREAS, the Code previously allowed for the annual fee to be paid in two installments during the year; and WHEREAS, the City has transferred to a new permitting system that is unable to process "partial" or "installment" payments; and WHEREAS, the administration recommends removing the installment payment of the permit fee from the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 82, "Public Property," Division V "Sidewalk Cafes," at Section 82-383, entitled 'Permit fee; penalties for late payment; review of fee; exception," is amended as follows: Sec. 82-383. - Permit fee; penalties for late payment; review of fee; exception (a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). Page 532 o1757 454 (1) Notwithstanding any other paragraphs or provisions of this article, no square footage fee as required by this section shall be required for the operation of sidewalk cafes north of 63rd Street through and including September 30, 2A17. The abatement of sidewalk cafe square footage fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the City Administration by September 30, 2017. However, a permit must be obtained and the annual base application fee required by subsection 82-382(bX9) shall be paid for the operation of sidewalk cafes north of 63rd Street. {2) No square footage fee as required by this section shall be required for the operation of sidewalk cafes in conjunction with the Washington Avenue Pilot Parktet Program, which program shall terminate on March 31, 2019. Additionally, no square footage fee as required by this section shall be required for the operation of sidewalk cafes on Washington Avenue from 5th Street to Lincoln Road, for the period ending on September 30 2019. (b) The city manager, in his reasonable discretion and judgment, may suspend or prorate the annual permit fee in cases of public construction or public emergency situations. (c) The permit fee shall be paid on or before October 1, and shall cover the time period from October 1 through September 30 of the followfng calendar year (permit year). *+ne+erm*-ee nts, with the first installment-due en en April 1--No permit shall be issued for any portlon of a year, but any person/entity operating a sidewalk cafe for a period beginning after the comrnencement date of the full permit year (October 1) may obtain a permit for the remaining portion of that permit year upon payment of a pro-rated portion of the permit fee calculated from the first day of the month of issuance of the permit to the end of the permit year. Except as expressly provided in this division, no refund of the permit fee shall be granted. (d) Late payments for permit fees shall accrue at the rate of ten percent per annum for the first 30 days. lf the permit fee is not paid within 60 days after it is due, the permit shall terminate automatically. Any continued operation of a sidewalk cafe after termination of a permit shall be construed as operating a sidewalk cafe without a valid permit, and the city manager shall have the right to remove, upon 24 hours' written and/or verbal notice to the permittee, any and all sidewalk cafe furniture used in connection with the sidewalk cafe. (e) As provided in Resolution No. 2003-25299, a review of the annual permit fee will be required whenever the change in the Consumer Price lndex (CPl), between the latest CPI and the date of the CPI used for the last fee adjustrnent, is five percent or greater. sEgTrON 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. sEcroN 3. coqrFrc4i[oN. It is the intention of the City Commission, 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, as 2 ol3 Page 533 of757 455 amended, that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION.4. SEVERABILITY. 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 shalltake effect ten days following adoption. PAS$ED and ADOPTED this day of 2417. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk First Reading: _,2017 Second Reading: _,2A17 T:\AGENDA!201nl - JanuaryWublic Works\Sidewalk Cafe Ordinance on permit fees.docx 3of3 Page 534 ot757 '4*/,r.--Dote 456 457 Ordinances - R5 I MIAAAIBEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, City Attorney January 11,2017 First Reading SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BYAMENDING ARTICLE IV ENTITLED "VESSELS," BY CREATING SECTION 66.155 THEREOF TO BE ENTITLED "PROHIBITION OF ADVERTISING SIGNS ON VESSELS,' WHICH PROHIBITS THE OPERATION OF AN ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL WATERS OF THE CITY BY ESTABLISHING PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY CODI FICATION, AND AN EFFECTIVE DATE, (!TEM TO BE SUBMTTTED tN SUPPLEMENTAL) RECOMMENDATION (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Legislative Tracking Office of the CityAttorney Sponsor Commissioner Michael Grieco Page 535 of757 458 459 460 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITWVIDE PROJECTS COMMITTEE, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY;AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY LANDLORD) AND THE MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF APPROXIMATELY 935 SQUARE FEET OF Ctry-OWNED pROpERTy (pREMtSES), LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, FOR A PERIOD OF TWO (2) YEARS AND TWENTY-F|VE (25) DAYS, COMMENCTNG RETROACTTVELY ON DECEMBER 7, 2016 AND ENDING ON DECEMBER 31, 2O1g.JOINT REDEVELOPM ENT AGENCY AND CITY GOM M ISSION RECOMMENDATION Adopt the Resolution. -gacxcnouNo The Pennsylvania Garage (Penn Garage) is located at 1661 Pennsylvania Avenue and contains approxinately 7,655 square feet of ground floor retail space (Penn Garage Retail) and 560 nnrnicipal parking spaces. Penn Garage Retail was leased entirely to Oolite restaurant which vacated the space last year. Since that time, a portion of the space was utilized by the City to provide training on the new Munis software system. The entire 7,655 square feet is currently vacant. ANALYSIS The renovation of the Miami Beach Convention Center has displaced the Visitor Center of the Miami Beach Chamber of Commerce (Tenant). During the remainder of the renovation, due to its close proximity to the Convention Center, the Administration is proposing to relocate the Visitor Center into the northeastern 935 square feet of Penn Garage Retail, as depicted in Exhibit B (Floor Plan), attached hereto. The proposed basic terms and conditions of the new lease are as follows: 530 17th Street Page 536 of757 Resolutions - R7 A COMMISS ION ME IVIORAT{ DU M Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 11:30 a.m. Public Hearing Premises: 461 Rental Rate: Size:Approximately 935 square feet Term: Two (2)years and twenty-five (25) days, commencing retroactively on DecemberT, 2016 and ending December 31, 2018. $1.00 annually Construction Allowa n ce:The Premises have been partitioned and prepared by the City at a cost of approximately $13,000. Tenant shall accept the Premises in "as-is" condition. Tenant shall be responsible for any additional costs associated with modifying the Premises to meet its requirements. Termination Option:The City reserues the right, through its City Manager, to terminate the Lease Agreement, at any time, without cause and without liability to the City, upon providing Tenant with ninety (90) days prior written notice. Additional Uses of Penn Garage Retail The Office of Housing and Community Services cunently requires space for its Children's Trust funded youth programs. The Administration is proposing to relocate Success University, Parent- Child Home, and the Miami Beach All-Stars programs into the southem 2,251 square feet of the Penn Garage Retail at the beginning of next year. The programs being relocated serve youth and families. Success University, which had been using the first floor conference room in City Hall until it was displaced, provides an alternative suspension program for youth suspended from school. The program enables youth to complete school work and participate in restorative justice to make amends for their poor choices that resulted in their suspension. The new space will allow the program to accommodate up to 15 youth a day and provide an environment conducive to learning. The Parent-Child Program provides young parents with guided instruction to support their roles as parents while promoting school readiness. The new space will provide expanded intake and meeting opportunities. The All Stars program serves youth in grades 6 through 8 with resiliency and prevention training that result in reduced risky behaviors. The new space will allow for expanded afte r-schoo I and summe r p rog ramming. FINANCE & CITYWDE PROJECTS COMMITTEE The Administration presented the above information at the December 16,2016 Finance and Cityntide Projects Committee ("FCWPC") meeting. The FCWPC considered this mafter and recommended in favor of executing a new lease agreement with the Miami Beach Chamber of Commerce, in accordance with the above stipulated terms and conditions. Once this lease expires, the City could consider using this space to market its proposed new line of City-branded products. The FCWPC recommended in favor of approving the use of the requested portion of the space for the Office of Housing and Community Services youth programs on a temporary basis with the understanding that they unruld have ninety (90) days' notice to relocate once a new tenant is identified. During this time, the City should utilize the services of a broker to market the rest of the space to one or several tenants, including restaurants and other unique retail users. CONCLUSION The Administration recommends accepting the recommendation of the Finance and Citywide Page 537 of757 462 Projects Committee to execute a new Lease Agreement with the Miami Beach Chamber of Commerce, in accordance with the above stipulated terms and conditions and their recommendation to approve the use of the space for the Office of Housing and Community Services'youth programs on a temporary basis. Legislative Tracking Tourism, Culture and Economic Development AfiACHMENTS: Description n Exhibit B - Fl**r Plan o Resolution and DraftAgreen"rent Page 538 of757 463 MECC VISIiCR AVAILABLE SPACE OtsFICE Oi HOUSING & cori[1uNrfr SER\lCES YO!TH PROGUMS . a--. .------ ---""""1 -." 'rii' PENNSYLVAN IA AVENUE GARAGE RETAIL SPACE SITE PLAN "\ 464 RESOLUTION NO. A RESOLUTION OF THE IVIAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLOR]DA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND WAIVING, BY 5I7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE GITY; AND APPROVING AND AUTHORIZING THE MAYOR AND GITY CLERK TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LANDLORD) AND THE MIAMT BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF APPROXIMATELY 935 SQUARE FEET OF CITY-OWNED PROPERTY (PREMISES), LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, FOR A PERIOD OF TWO {2) YEARS AND TWENTY.FIVE {25) DAYS, COMMENCING RETROACTIVELY ON DECEMBER 7, 2016 AND ENDING ON DECEMBER 31 ,2018. WHEREAS, the Pennsylvania Garage is located at 1661 Pennsylvania Avenue and contains approximately 7,655 sguare feet of ground floor retail space (Retail Space) and 560 municipal parking spaces (Penn Garage); and WHEREAS, the renovation of the convention center has displaced the Visitor Center of the Miami Beach Chamber of Commerce (Tenant); WHEREAS, during the remainder of the renovation, due to its close proximity to the convention center, the Administration is proposing to relocate the Visitor Center into the northeastern 935 square feet of Penn Garage retail space alkta 53A 17th Street (Premises); and WHEREAS, upon further discussions, the Administration negotiated a new lease with Tenant, for an initial term of two (2) years and twenty-five (25) days, retroactively commencing December 7 ,2016 and ending December 31, 2018; and WHEREAS, the Administration submitted the agreed upon terms and conditions to the Finance and Citywide Projects Commission Committee (FCWPC) at its December 16, 2016 meeting, and the FCWPC recomrnended approving a new lease agreement with Tenant, containing the following essential terms: Premises: $ize: Term: Rental Rate: Construction Allowance: 530 17th Street Approximately 935 square feet located at the northeastern portion of the RetailSpace Two (2) years and twenty-five (25) days, commencing retroactively on DecemberT, 2016and ending December 31, 2018. $1.00 annually The Premises have been partitioned and prepared by the city at a cost of approximately $13,000. Tenanl shall accept the Prernises in "as-is" Page 540 of757 465 Termination Option: condition. Tenant shall be responsible for any additional costs associated with modifying the Premises to meet its requirements. The City reserves the right, through its City Manager, to terminate the Lease Agreement, at any time, without cause and without liability to the City, upon providing Tenant with ninety (90) days prior written notice. WHEREAS, the Administration recommends the approval of a lease agreement, substantially in the form attached hereto as Exhibit "A", containing the essential terms outlined in this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly adveriised public hearing, hereby accept the recommendation of the Finance and Citywide Projects Committee, and waive, by Sl7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve and authorize the Mayor and City Clerk to execute a lease agreement, substantially in the form attached to this Resolution, between the City and the Miami Beach Redevelopment Agency (collectively, Landlord) and the Miami Beach Chamber of Commerce (Tenant), for the use of approximately 935 square feet of City-owned property (Premises), located at 530 17th Street, Miami Beach, Florida, fora period of two (2) years and twenty-five (25) days, commencing retroactively on December 7, 2016 and ending on December 31,2018, PASSED and ADOPTED this day of 2A17. ATTEST: RAFAEL E. GRANADO, CIry CLERK PHILIP LEVINE, MAYOR T'\AGENDAU0 1 7u - January\TCED\MBCC\MBCC RESO ( 1 2-28-'l 6).docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 541 ot757 tblu 466 public body corporate and politic, (hereinafter collectively refeSred to as "Landlord" or "City/RDA"), and the MIAMI BEACH CHAMBER OF COMMtHCE, a Florida not-for- EXHIBIT A LEASE AGREEMENT THIS LEASE AGREEMENT, made this _ day of , 2017 {Lease, Lease Agreement), by and between the CITY OF MIAMI BEACH, ("The City") a Florida municipal corporation and Miami Beach Redevelopment Agency(The "RDA"), a profit corporation, (hereinafter referred to as "Tenant"). Demised Premises. The City/RDA, in consideration of the rentals rved to be paid and Pennsylvania Avenue, Miami Beach, Florida 33139 which includes 7,655 square feet of ground floor retail (the "Retail Space") and 560 municipal parking spaces (the "Penn Ga ively the "Building"), having approximately 935 square feet, as depicted gnd more fully described as follows: The north-easterly 935 Garage Condominium, it 1, of Pennsylvania according to the Declaration thereof, as reco in 0fficial Records Book 28080, at Page 4536, of the Public of Miami-Dade County, Florida. a/k/a 530 17 Street, Miami Be 33139. Tenant be entitled to have and to hold the Demised Premises for an 1. initial pf t*o (2) years and twenty-five (25) days, commencing !',on tfre 7'n day of December, 2016 (the "Commencement 4ding on the 31't day of December,2OlB. For purposes of , and including, without limitation, Subsection 2.2 ygat'' shall be defined as that certain period 1st day of January, and ending on the 31tt day of 2.2. 2.3. I ntentionally Omitted. Notwithstanding anything in this subsection, or any other term or condition in this Lease Agreement, the City/RDA reserves the right, through its city Manager, to terminate this Lease Agreement, without cause and without Page 542 of 757 467 liability to the CityiRDA, upon providing Tenant with ninety (90) days prior written notice. 2.4. This Lease does grant any additional parking privileges not already available to the general public; though receipt is not guaranteed, Tenant may apply for Garage Access cards at the City Parking Department at the Parking Department's standard rates, 3. &nt. 3.1, Base Rent: Tenant's payment of Rent, as defined in this Section 3, shall commence on January 1tt,2017 (the "Rent Commencement Date"). 3.1.1. Dollar ($1.001 consideration, acknowledged per Corg6d th9 reddipt. The Base Rent for thedemised Premises shall be for One Year and other good and valuable and sufficiency of which is hereby by the pa 3.1.2. lntentionallyOmitted 3.2. Additional Rent: 3.2.1. 3.2.2.Janitorial 3.2.3. 3.2.4. Notwithstanding'en$hing in section 3.2.1 or any other provision set forth herein, as Terfaiit is the sole tenant currently using the restroom facilities in Unit 1, until such time as another tenant moves into Unit 1, Miami Beach Chamber of Commerce shall be solely responsible for any all day to day janitorial maintenance of the restroom including restocking of sanitary supplies. lntentionally Omitted Tenant's Taxes and Sales Taxes. Concunent with the payment of the Base Rent and Additional Rent as provided herein, Tenant shall also pay any and all sums for all applicable tax(es), including without limitation, sales and use taxes and property real estate taxes, imposed, Ievied or assessed against the Demised Premises or Tenant's use of the Premises, or any other charge or payment required by any governmental authority having Page Sff of 757 468 3.2.5. or at such other address as Intentionallv Omitted ;l-he Demi s) of n City of Miami Beach(, finance Department 1700 b,onvention Center Drive, 3'd Floor Mlami''B*r"h. Florida 331 39 jurisdiction there over, even though the taxing statute or ordinance may purport to impose such tax against the City/RDA. Enforcement. Tenant agrees to pay the Base Rent, Additional Rent, and any other amounts as may be due and payable by Tenant under this Agreement, at the time and in the rnanner provided herein, and should said rents and/or other additional amounts due herein provided, at any time remain due and unpaid for a period of fifteen (15) days after the same 4. shall become due, the City/RDA may", exercise any or all options available to it hereunder, which optiops* may be exercised concurrently or separately, or the City/RDA$ay pursue any other remedies enforced by law. l', , \.\._ \r. Location for Pavments. nr.,. ' All rents or other payments due hereunder shall #..paid to the City at the following address: \i '\t:'i' \r:. ., l 5. 6. i,*rom time to time, designate in writing. Premises: ises shall be used by the Tenant solely for the 7. 7.1. ing brochures, maps, tourism information, guidance, Premises may require Tenant to inleract, from tirne to time, with City of Miami Beach officials and employees, acting in their regulatory capacity. Notwithstanding the preceding, Tenant hereby represents and warrants to the City/RDA that it shall in no way, whether express or implied, give the impression that Tenant is in any way acting as an agent and/or representative of the City of Miami Beach or the Miarni Beach Redevelopment Agency, nor that, by virtue of this Agreement, Tenant derives any special benefit and/or consideration from the City/RDA (acting in its regulatory capacity) with regard to Tenant's services to third parties. Page 54j of757 469 7.2. 7.3. Any violation of this Subsection 7.1 by Tenant shall be deemed as an automatic default under this Agreement and, notwithstanding any other provision set forth herein, shall entitle the City/RDA to automatically terminate this Agreement, without further notice to Tenant, and without liability to the City/RDA. The Demised Premises may be open for operation seven (7) days a week, with hours of operation being as follows: purpose(s) and/or s).yh4tsoever. Tenant will not make or permit any use of the Demised that, directly or indirectly, is forbidden by law, ordinance or limb o;rf2roperty. Demided Preinise goverument'ie$ulation, or that may be dangerous to life, Tenaht:rnaV Eb{.lCornmit {nor oermit) waste on the illegdl gurposes;\or commitphu'isance ciir.ttre Demised Premises. ln the event thht the Terjant uses thb, Demised Premises (or otherwise allows the Demised irr"pmlses to be used)$r.any purpose(s) not expressly permitted herein, or pennits and/or.Qllows hgy prohibited use(s) as provided herein, then the City/RD.fl may de{gre'ihis Agreement in default pursuant to Section 18 or, wfthpr,rt notice 'to Tenant, restrain such improper use by injunction or other le'galaclion, '*;8. lmprovements. 8.1. Tenant accepts the Demised Premises in their present n'AS lS" condition and may construct or cause to be constructed, such interior and exterior improvements and maintenance to the Demised Premises, as reasonably necessary for it to carry on its permitted use(s), as set forth in Section 7; provided, however, that any plans for such improvements shall be first submitted to the City Manager for his prior written consent, which consent, if granted at all, shall be at the City Managefs sole and absolute discretion. Additionally, any and all approved improvements shall be made at Tenant's sole expense and responsibility. All permanent (fixed) improvements to the Demised Premises shall remain the property of the City/RDA upon termination and/or expiration of this Agreement. Upon termination and/or expiration of this Agreement, all personal property and Hours of Operation: Sunday - S$urdaV: 9:00 AM to 5:00 PM / Nothing herein contained shall be conp(rued to authorize hours contrary to the laws governing such operations,lAny-{,lange in the days and/or hours of operation shall require the prioi.wtitteriqpnsent of the City Manager; provided, however, that in no event shall thia..!ours of operation extend earlier than 7:00 AM, or later than 11:00 PM. \,' tlo ,It is understood and agreed that the Demised Premi5qs shall be used by the Tenant durilg the Term of this Agreemeht= only for the purpose(s/use(s) (sej. fortn in Section 7 hereof, andt'''for no other Page 54{ of757 470 8.2. 8.3. 8.4. 9. 9.1. non-permanent trade fixtures may be removed by the Tenant from the Demised Prernises, provided that they can be (and are) removed without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with, or related to the design and construction of any improvements. Moreover, such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City/RDA. Any and all permits and or licenses required for the installation of improvements shatl be the sole cost and responsibility of Tenant. Notwithstanding Subsection 8.1, upon terrnination and/or expiration of this Agreement, and at City/RDA's sole option and discretion, any or all alterations or additions made by Tenant to or in the Demised Premises shall, upon written demand by tf.F City Manager, be promptly removed by Tenant, at its expense and,,r6sponsibility, and Tenant further hereby agrees, in such event, to rBdtore the Demised Premises to their original condition prior to the Commbncement Date of this Agreement. **- 't ,/ The above requirements for su"6rq.issigr{t0f 'plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also inclilCe. improvements as necessary for Tenant's maintenance and repair of thsDemised Premises) which do not exceed Five Hundred ($500.00) Dollars,'opyovided that the work is not structural;land p-roviOeO inat it is permitteO UyhBplicable law. {,"i....:, ."q," ,, . I nten'tional ly Om ittod right to enter upcifithe Demisid Premises at all reasonable times for the purpose of inspectin$S,gpe; preventing waste; making such repairs as the CitylRDA may considei'frecessary; and for the purpoie of preventing fire, theft or vandalism. The City/RDA agrees that, whenever reasonably possible, it shall use reasonable efforts to provide notice (whether written or verbal), unless the need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion, which if not immediately addressed could cause property damage, Ioss of life or limb, or other injury to persons, Nothing herein shall imply any duty on the part of the City/RDA to do any work that under any provisions of this Agreement the Tenant may be required to perform, and the performance thereof by the City/RDA shall not constitute a waiver of the Tenant's default. 9.2. lf the Tenant shall not be personally present to open and permit entry into the Demised Premises at any time, for any reason, and any entry thereon shall be necessary or permissible, the City Manager, and/or his authorized Page 5f o1757 471 representatives, may enter the Demised Premises by master key, or may forcibly enter the Demised Premises without rendering the City/RDA or such agents liable therefore. 9.3. Tenant shall furnish the CityiRDA with duplicate keys to all locks including exterior and interior doors prior to (but no later than by) the Commencement Date of this Agreement. Tenant shall not change the locks to the Demised Premises without the prior written consent of the City Manager, and in the event such consent is given, Tenant shall furnish the City/RDA with duplicate keys to said locks;4,edvance of their installation. 10. '10.1. (including renewal periods), Tenant shall, ai'.its sole cost and expense, comply with all insurance requirements of the City{RDA. lt is agreed by the parties that Tenant shall not occupy the Demised"fifemises until proof of the following insurance coverage have been reviewb{.and approved by the City's Risk Mapager. All insurance policies requirbd below shall be issued by compa{es authorized to do business under the laws of the State of Florida. Prdl'ider.shall indicate that insurance coverage has been obtained which meets-thdrequirements as outlined below by submitting original certificates of \surancqio the City's Risk Manager and Asset Manager respectively: \ ;,::,,,",.*,, \.. t ..1.t,., irr 1'r " ' ' Worker's Compensation fol!"aii',bmployee"iiut tne provider as required by14.2. 10.3. 10.4. 10.5, 10.6. 10.4.1. lntentionally Ornitted All-Risk property and casualty insurance, written at a minimum of eighty (80%) percent of replacement cost value and with replacement cost endorsement, covering all leasehold improvements installed in the Demised Premises by or on behalf of Tenant and including without limitation all of Tenant's personal property in the Demised Premises (including, without limitation, inventory, trade fixtures, floor coverings, Page 54fr of757 472 14.7. 10.8. 10.9. 10.10. furniture, and other propedy removable by Tenant under the provisions of this Agreement). lntentionally Omitted The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. Any insurance coverage required abovg::,.must include a waiver of subrogation in favor of the CitylRDA. 7l'''1r' . The company must be rated no less-4firan,i:BJ" as to management, and no less than "Class Vlt" as to financialkrength#y the latest edition of Best's lnsurance Guide, published by A.M. Best Coriipany, Oldwick, New Jersey, or its equivalent, subject to the approval of tl'ie"City Risk ManagementDivision. ""* . Certificate holder must read: City of Miami Beach 1700 Convention Center Drive 10.11. 10.12. 10.13. The policies of insurafioe referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days written notice to CitylRDA and then subject to the prior written approval of the City's Risk Manager. Should Tenant fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City/RDA may, at its sole discretion, obtain such insurance, and any sums expended by City/RDA in obtaining said insurance, shall be repaid by TENANT to City/RDA, plus ten percent (10%) of the amount of premiums paid to compensate City/RDA for its administrative costs. lf Tenant does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12o/o) until paid, and such failure shall be deemed an event of default hereunder. 10.14. Waiver of Subrogation. Page 54? of757 473 11" Tenant hereby waives, on behalf of itself and its insurer(s) (none of which shall ever be.assigned any such claim or be entitled thereto due to subrogation or othenrrrise), any and all rights of recovery, claim, action, or cause of action, against the CitylRDA, its agents, officers, or employees, for any loss or damage that may occur to the Demised Premises, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other causes which are, or could or should be insured against under the terms of the standard fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including negligence of the City/RDA, its agents, officers, or employees. The Tenant shall obtain from its;espective insurer(s), under all policies of fire, theft, public liability, wo,rt(er's compensation, and other insurance rnaintained at any time du${$;Ihe term hereof insuring or covering the Retail Space or any portiort'fhereof or operations therein, a waiver of all rights of subrogation which thQ,iTenant'g.,insurer might have against the clty/Rol, and [ne Tenant unr;;'"iqgempi(r, defend, aid hold harmless the City/RDA against any loss or ex0e.nse;;including reasonable attorneys' fees (appellate or othenrvise) resultfng',from the failure to obtain suchwaiver. ut, . the Lease or sublet the Demised Tenant shall be sole;ly',"responsible for the operation, maintenance and repair of the Demised-P*emises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. 13.1.1. The CitylRDA shall be responsible for the maintenance of the roof, the exterior of the Building, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and any HVAC systems shared by more than one tenant. The City/RDA shall maintain and/or repair those items that it is 12. 13. 13.1. Page 54$ of757 474 responsible for, so as to keep same in proper working condition. 13.1.2. lf the CitylRDA provides a separate air-conditioning unit for the Demised Premises, Tenant agrees and understands that Tenant shall be solely responsible for the maintenance, repair and replacement of the heatinglventilatio n/a ir-cond ition ing ( HVAC) equipment servici ng the Demised Premises, at Tenant's sole expense. 13.1.3. Tenant further agrees and understands.lhat, if the City/RDA provides a separate HVAC unit for the Demised'Premises, the City/RDA, at its 13.2. ,r,r.All,damage or injury of any kiriQ,to the Demised Premises, and including ,li:;.lrvithstit,.limitation its flxtures, glass, appurtenances, and equipment (if {,'j',,,'' any),"oq ,1he building fixtures, gjl'ass, appurlenances, and equipment, if \'iji:.,. "ly, exgepj,.damag9 caused by the gross negligence and/or willful\titr"misconducf pf the City/RDA, shall be the sole obligation of Tenant, and "t $hett be repd.ire-d, reslored or replaced promptly by Tenant, at its sole dXhense and tdthe satisfaction of the City/RDA. sole discretion, may require that Tpfiant obtain, at any time during the Term of this Agreement, and cgntinuqusly maintain in good standing, at Tenant's expense, throughbut thd"derm of this Agreement, a maintenance and repair contract, approvb6. ,by the City/RDA, with a service company previously approved in W.fiting by the City/RDA, providing for the preventative maintenance an( repair of all HVAC equipment servicing the Demised Premises. lriU.l"re . event that the City/RDA notifies Tenant that it will require Tenant [b.contract for said maintenance a{d repair services, Tenant shall provide t'b the City/RDA, in writing, withiri-.len.{10) business days, the name(s) and telephone number(s) of serv\ce cbmpany(ies) for the City's review and approval. Tenant shall provid,e a "dopy of a current, enforceable and fully executed maintenanbB and;bp4ir,contract, no later than ten (10) i'of ifre-,City's approval of the service s compliance with this provision. business days after company, as proof of T lf Tenant fails to make such repairs or restorations or replacernents, the same may be made by the CitylRDA, at the expense of Tenant, and all sums spent and expenses incuned by the CityiRDA shall be collectable by the City/RDA and shall be paid by Tenant within three (3) days after submittal of a bill or statement therefore. It shall be Tenant's sole obligation and responsibility to ensure that any renovations, repairs and/or improvements made by Tenant to the Demised '*t,.,,. i'','13.3. All of''$e.af-o'resaid repairs, restorations and replacements shall be in quality en$'class equal to or better than the original work or installations and shall be'.done in good and workmanlike manner. 13.4. 13.5. Page5$ of757 475 13,6. 13.7. Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. Tenant Responsibilities for Utilities (not included within Operating Eloenses). Tenant is solelv responsible for. and shall promptly pav when due all charqes for electricity, gas, cable, telephone, internet, janitorial garage service and any other utility service provided to the Demised Premises, including, without limitation, all hook-up fees and impact fees, NOT included as an Operating Expense (pursuant to Subsection 3,2.1). ,*"ln addition to other rights and reme$i6,s :hereinafter reserved to the contemplated in this Subsection lSnA) ynq1 due, the City/RDA may elecl, at its sole discretion, to pay r-':l Tenant agrees to promptly r to Tenant or to TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS 'rr1-1i. : r -q Tenant covdnants and'Qgrees to fulfill and comply with all statutes, ordinances, 14. rules, orders, ie$u-lation$;anO requirements of any and atl governmentat bodies, including but nbt,,limjt'ed :io:F-ederal, State, Miami-Dade County, and City governments, and any and all'of .lheir departments and bureaus applicable to the Demised Premises, and,:shall also',qgllrply with and fulfill all rules, orders, and regulations for the prevention of flre, all at Tenant's own expense and 15. responsibility. Tenant shall'6ifiy all cost, expenses, claims, fines, penalties, and damages that may be imposed:.,because of the failure of Tenant to comply with this Section, and shall indemnify and hold harmless the City/RDA from all liability arising from each non-compliance. Liens. Tenant will not permit any mechanics, laborers, or materialman's liens to stand against the Demised Premises or improvements for any labor or materials to Tenant or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants, in connection with work of any character performed or claimed to have performed on said Premises, or improvements by or at the direction or sufferance of the Tenant; provided however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. ln the event of such contest, Tenant shall give the City/RDA reasonable security as may be demanded by the City/RDA to insure payment lhereof and prevent sale, foreclosure, or forfeiture of the Premises or improvements by reasons of such third parties, for an interruptibn or failurgtin tne sud'bly of any utilities or services to the Demised Premisds. ./ =\, . \d;,rj,:i, ' \, !S" CONDITION. Page 5Q!of 757 476 16. non-payment. Such security need not exceed one and one half (1%) times the amount of such lien or such claim of lien. Such security shall be posted by Tenant within ten (10) days of written notice from the City/RDA, or Tenant may "bond off'the lien according to statutory procedures. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense, I ntentionally Omitted. Condemnation. lf at any time during the Term of this Agreement (including any renewal term hereunder) all or any part or portion of the Demised Premises is taken, appropriated, or conde;nned by reason of Eminent Domain proceedings, then this Agree;.n6nt shall be terminated as of the date of such taking, and shall there.after be completely null and void, and neither of the pafties hereto shall thereafter have any rights against the other by reason of this Agreement or"Snyttring cg.ntained therein, except that any rent prepaid beyond the date of such taking shall be prorated to such date, and Tenant shall pay any and allYentS, additional rents, utility charges, and/or other costs for which it is liable-,qnder the terms of this Agreement, up to the date of such taking. '=t1i*,,, Excep!4s"heiihunder provided, Tenant snatl riOl,Ue entitled to participate in the pf'oc-eeds''o{any award made to the City/RDA in any such Erninent Dom?iin proceedipg, excepting, however, Tenant shall have the right to claim a-nd recovjirirJrom the condemning authority, but not from the City/RDAl'$u95i:,,go-lplensation as mat be separately awarded or recoverable'b1'rTenant-iifl*Tenant'S own right on account of any and all damage to Tenanlls businilss by reasons of the condemnation and for or on account of ai'y,;6qst or 1o'5i which Tenant might incur in removing 17. 17 .1. 17.2. Tenant's furnitu re ahd,:$xlures. \,;,,18. Default. 18.1. Default bv Tenant: At the City's option, any of the following shall constitute an Event of Default under this Agreement: 18.1.1. The Base Rent, Additional Rent, or any other amounts as may be due and payable by Tenant under this Agreement, or any installment thereol is not paid promptly when and where due, and Tenant shall not have cured such failure within five (5) days after receipt of written notice from the CitylRDA specifying such default; 18.1.2. The Demised Premises shall be deserted, abandoned, or vacated; Pase 5Ql of 757 477 19. 19.1. Tenant shall fail to comply with any material terrn, provision, condition or covenant contained herein other than the payment of rent and shall not cure such failure within thirty (30) days after the receipt of written notice from the City/RDA specifying any such default; or such longer period of time acceptable to the City/RDA, at its sole discretion; 18.1.3. Receipt of notice of violation from any governmental authority having jurisdiction dealing with a law, code, regulation, ordinance or the like, which remains uncured for a period of thirty (30) days from its issuance, or such longer period of ti approved in writing by the City M )g..ss may be acceptable and ; bt his sole discretion; 18.1.4.Any petition is filed by or aga under any section or chapter of the Bankruptcy Act, as remains pending for more--"""-r--,than sixty (60) days, or any other ings now or hereafter authorized by the laws of the United o0r of any state for the purpose of discharging or extending the time t of debts; 18.1 .5. 18.1.6. 18.1.7. 18.1.8. court and shall not be or arrearages in rent or damages for breach of contract, enter upon the Demised Premises and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages therefore, and Tenant agrees to indemnify and hold harmless the City/RDA for all loss and damage which the City/RDA may suffer by reasons of such Agreement termination, whether through inability to re-let the Demised Premises, or othenuise. 19.1.3. Declare the entire amount of the Base Rent and Additional Rent which PageSff ot757 478 would become due and payable during the remainder of the term of this Agreement to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all rents therefore due, at the address of the City, as provided in the Notices section of this Agreement; provided, however, that such payment shall not constitute a penalty, forfeiture, or liquidated damage, but shall merely constitute payment in advance of the rents for the remainder of said term and such payment shall be considered, construed and taken to be a debt provable in bankruptcy or receivership. 19.1.4. Enter the Demised Premises as the agent of Tenant, by force if necessary, without being liable to prosecution or any claim for damages therefore; remove Tenant's property there from; and re-let the Demised Premises, or pprtions thereof, for such terms and upon such conditions which the...i0ity/RDA deems, in its sole discretion, desirable, and to receivg,:the- r"nts therefore, and Tenant shall pay the City/RDA any deficiency$at may arise by reason of such re-letting, on demand at any time and frOq,time to time at the office of the City/RDA; and for the purpose of re-letling/&e:rCity/RDA may (i) make any repairs, changes, alterations "bf .,additions in or to said Demised Premises that-may be necessary\,;convenient; (ii) pay all costs and expenses therefore from rents resultingtrom re-letting; and (iii) Tenant sha I I g,g11,Jhe City/R DA a ny d ef i cie ncy a s qfo resa id. 1,.--.,. ,: , ';.r.., 19.1.5. Tpke,RosEess-lon of any personal property owned by Tenant on said Dqmlsed Prefuises and sell the same at public or private sale, and apply$gme tqrthe payment of rent due, holding Tenant liable for the deficieiiry, if.Chyi,";* , , "q,: " ,'-' '"t": t''.;i-, : ,. 19.1.6. lt is expreislll agreed"ind understood by and between the parties hereto that arili;i-nStallment'5 of rent accruing under the provisions of this Agreement Whigh shall not be paid when due shall be subject to a late charge of Fiftf'.and 00i100 ($50.00), plus interest at the rate of eighteen (18%) percent per annurn, or the maximum amount allowable under Florida law, whichever is lesser, from the due date of payment until such time as payment is actually received by the City/RDA. Any failure on the City's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. 19.1.7. lf Tenant shall default in making any payment of monies to any person or for any purpose as may be required hereunder, the CitylRDA may pay such expense but the City/RDA shall not be obligated to do so. Tenant, upon the City's paying such expense, shall be obligated to forthwith reimburse the City/RDA for the amount thereof. All sums of money payable by Tenant to the City/RDA hereunder shall be deemed as rent for use of the Demised Premises and collectable by the City/RDA from Tenant as rent, and shall be due from Tenant to the Paoe sf$ of757 479 City/RDA on the first day of the month following the payment of the expense by the City/RDA. 19.1.8. The rights of the City/RDA under this Agreement shall be cumulative but not restrictive to those given by law and failure on the part of the City/RDA to exercise promptly any rights given hereunder shall not operate to waive or to forfeit any of the said rights. 19.2. Default bv City/RDA: The failure of the City/RDA to perform any of the covenants, conditions and agreements of this Agreement which are to be performed by the City/RDA and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from Tenant to the City/RDA (which notice shall specify the in which Tenant contends that the City/RDA failed to pe ,i.,Any such covenant, conditions and agreements) shall a default by the City/RDA, unless such default is one which ca be cured within thirty (30) days because of circumstances beyond the Cit/s controly',snd the City/RDA within such thirty (30) day period shall have'commpdced and thereafter shall continue diligently to prosecute all actions nt'igilsary to cure such defaults. However, in the event the City/ROa faiiS'to peform within the initial thirty (30) day -p.gJiod provided above, and sd0[','failure to perform prevents Tenanlitiim bperating its business in a custdh4fry manner and causes an undqd,hardihip.o-fq1 Tenant, then such failure"to perform (regardless of circuinslances b-byond its control) as indicated above, shall constitute a default by.the City/RDA. ri. .:. :,r;r': '.!(" t; ' r /-', ':';;i'! i ) y''ir' r' J: ir i ':r' ;: :-'' ':'11'q r '^'19.3.Tenant's 20. Laws: 20.1. lf an.even!.gf tle., ily's defb'ti$:$hall occur, Tenant, shall have the right to terminate this Ag"r&ilpent (and'"all of its obligations hereunder by giving notice of such electio6-to the city/RDA, wheieupon this Agreemenisrratt terminate as of the dat6qf such notice). Gompliance. Concessionaire shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations (including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations, as same may be amended from time to time. No Discrimination. Concessionaire hereby agrees hereby agrees to comply with City of Miami Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in 20.2. Paoe sffl of 757 480 employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. 21. lndemnity Aqainst Costs and Charqes. 21.1. Tenant shall be liable to the City/RDA for all costs and charges, expenses, reasonable attorney's fees, and da which may be incurred or sustained by the City/RDA, by reason Bf,'Jsns61's breach of any of the provisions of this Agreement, Any fms'due the City/RDA under the provisions of this item shall a n against the interest of the Tenant and the Demised Premise8.ano ilt;or iinant's property situated thereon to the same extent and on the same would constitute a lien on said premises and ions as delinquent rent 21.2.lf Tenant shall at any time be in default hereunder,if the CitylRDA the City's rightsshall deem it neces.Fery to engage an attorney to and Tenant's o for the reasonable court costs and rea and if suit be brought,expenses incurred at both the trial and ,.,, propertyUqmage occurring upon the Demised Premises or upon any other {i:,::,land or otherufacility or appudenance used in connection with the Demised\. :- \.ises, occp$ioned in whole or in part by any of the following: fiission on the part of Tenant, or any employee, agent,22.1-1. 22.1.2. 22.1.3. 22.1.4. act or assignee, sub-tenant or subcontractor of Any misuse, neglect, or unlaMul use of the Demised Premises by Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant; Any breach, violation, or non-performance of any undertaking of Tenant under this Agreement; Anything growing out of the use or occupancy of the Demised Premises by Tenant or anyone holding or claiming to hold through or ,r:i4{f,:.gnant shall indemnify and sar}Q'the CitylRDA harmless from and against ili any-flFd all claims or causes of 'b.clion (whether groundless or othenroise)' by oFbq'behalf of any person, finit, or corporatidn, for personal injury or Pase 5f$ of757 481 22.2. under this Agreement. Tenant agrees to pay all darnages to the Demised Premises andlor other facilities used in connection therewith, caused by Tenant or any employee, agent, contractor, guest, or invitee of Tenant, 23. Sions.andAdvertising. Without the prior written consent of the City Manager, which consent, if given at al[, sha]l be at the City Manager's sole and absolute discretion, Tenant shall not permit the painting and display of any signs, plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with atl applicable building codes, and any other municipal, County, State and Federal 24. 25. 25.1. all cove laws. ,f Effecj of Convevance. / The term "City", "RDA", andlor "Ldqdlord" as used in the Agreement means only the owner for the time being of thd.land and puilding containing the Demised Premises, so that in the event of any'bale 9f 'said land and building, or in the event of a lease of said building, the CitylRDA shall be and hereby is entirely freed and relieved of all covenants and obilgations of the CitylRDA hereunder, and it shall be deemed and construed withorit$rther agreement between the parties, or between the parties and the purchasdr:.at such sa[e, or the lease of this building, jh6j ytij:purchaser or Tenant has assdined and agreed to carry out ' ii-:i,:i :. -/ti: 1 i: . :i:,i-r:i':..:.-lj.. lf the Demis6dlPieniiS$-i:shall be damaged by the elements or other casualty not dD(ito Tenant?t,negligence, or by fire, but are not thereby rendered untenantbb-lg, as det'ermined by the City Manager, in his sole discretion, in whole"bryln,part, and such damage ii covereO by the City's insurance, if any, (hdieinafter referred to as "such occuffence"), the City/RDA, shall, as soon as possible after such occurrence, utilize the insurance proceeds to cause such damage to be repaired and the Rent (Base Rent and Additional Rent) shall not be abated. lf by reason of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City/RDA shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that the City/RDA shall promptly obtain a good faith estimate of the time required to render the Demised Prernises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. 25.2. lf the Demised Premises shall be rendered wholly untenantable by reason eaoe sffi of757 482 of such occurrence, the City/RDA shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City/RDA shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the Rent to be adjusted as of such date. lf the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised by notice in writing, delivered to the City/RDA within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. Notwlthstanding any clause cqndin"O in this Section 25, it the damage is not covered by the City's jribu.rance, then the CitylRDA shal! have no obligation to repair the darfiage, but the CitylRDA shall advise Tenant in writing within thirty (30) days bf,the occu,r-rence giving rise to the damage and of its decision .not to refra.t;,,,,apd,'Ihe Tenant may, at any time 26. thereafter, elect to terminate this$greement. and the Rent shall be adjusted accordingly. enjoyment of the Demised-'.Premises and shall not be evicted or complies the termd this Agreement. of the Demised Premises so long as Tenant 27. 27.1. '{.:ii/. l_,- Ianted an(,agreed by and between the parties hereto e City/RDA to insist upon the strict performance of any , terms or provisions of this Agreernent, or to herbin conferred, will not be considered or construed 14" walver 1i,;relinquishment for the future of any such conditions, provisions or options but the same shall continue and 27.2.A waiver ol.6ny of the City/RDA to declare a fodeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated. 27.3. The receipt of any sum paid by Tenant to the City/RDA after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and tly Paoe sff ot757 483 28. construed as payment for use and occupation, and not as Rent, unless such breach be expressly waived in writing by the CityiRDA. Notices. The addresses for all notices required under this Agreement shall be as follows, or at such other address as either party shall be in writing, notify the other: LANDLORD:City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33 With copy to:Office of Real 29. certified mail Entire and Bindino Agreement. This Agreement contains all of the may not be modified in any manner than by agreement in writing signed by dhdrTenant and their respeciiiie successors and assigns, except as, ':i-.. .,: City of Miami 1700 Convention ( be otherwiBqg;pressly provided in this Agreement. -:a \^ ii - L;j, \ii,,' : sions Severablb^, .30. 31. If any orp or circumS&i of this circumstances shall not be thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Captions. The captions contained herein are for the convenience and reference only and shall not be deemed a part of this Agreement or construed as in any manner limiting or amplifying the terms and provisions of this Agreement to which they relate, Number and Gender.32. Paoe sf$ of757 484 Whenever used herein, the singular number shall include the plural and the plural shall include the singular, and the use of one gender shall include all genders. 33. Limitation of Liabilitv. The City/RDA desires to enter into this Agreement only if in so doing the City/RDA can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the CitylRDA of this Agreement, so that its liability for any such breach never exceeds the sum of one hundred ($100.00) Dollars. Tenant hereby expresses its willingness to enter into this Agreement with Tenant's recovery from the City/RDA for any damage action for breach of contract to be limited to a maximum amount of $100.00. Accordingly, and notwithstanding any other term or condition of this Agreement, Tenant hereby agrees that the City/RDA shall not be liable to Tenant for damage in an amount in excess of $100.00 for any action orpaim for breach of contract arising out of the performance or non-performar'lpd of any obligations imposed upon the CitylRDA by this Agreement. Not|1i6$ contained in this Section or elsewhere in this Agreement is in any way to be a waiver of the limitation placed upon the City's liability as set forth in Surrender of the Demised Premises. Tenant snan, on or bafore the last day of thlterm herein demised, or the sooner termination thereof, peaceabty and quietly leav'e,.surrender and yield upon to the City/RDA the Demised Premises. tooether with dnv and all eouioment. fixturescity/RDA the Demised Premises, together with dql,and all equipment, fixtures, 34. furnishings, qp0ii-t1$es or other perSonal propertyl';i{,,,,?ny,located at or on the Demised Pr.6mise5"eqd used by Tenant in the maintenance, management or operation cit"ihe DemiieO Premises. excludino anv tracle fixttrres oi nersonat broom-clean,riiAtiEfQtrucJural changes, alterationi, additions, and improvements which frlAy,have niierd,riraOe upon the Demised Premises, in good order, condition and if, reasoriable wear and tear excepted, subject, however, to the subsequ6rll:,,iprovisions of this Section. Any property which pursuant to the provisions of''tBls Section is removable by Tenant in or at the Demised Premises upon the termination of this Agreement and is not so removed may, at the option of the city/RDA, be deemed abandoned by Tenant, and either may be retained by the CitylRDA as its property or may be removed and disposed of at the sole cost of the Tenant in such manner as the City/RDA may see fit. lf the Demised Premises and personal property, if any, be not surrendered at the end of the Term as provided in this Section, Tenant shall make good the City/RDA all damages which the City/RDA shall suffer by reason thereof, and shall indemnify and hold harmless the City/RDA against all claims made by any succeeding tenant or purchaser, so far as such delay is occasioned by the failure of Tenant to sunender the Demised Premises as and when herein required. Time is of the Essence. Time is of the essence in every particular and particularly where the obligation to 35. Paoe sf$ of757 485 36. pay money is involved, Venue: This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. CITY/RDA AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY !N ANY ACTION OR PROCEEDING THAT THE CITY/RDA AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESBECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, /Radon is a naturally occurring radiqActive gas that, when it is accumulated in a building in sufficient quantities, ma-y.present lTealth risks to persons who are exposed to it over time. Levels of\ado4.iihat exceed Federal and State guidelines have been found in buildirigsljn' Florida. Additional information regarding Radon and Radon testing may bb;qbtained from your County Public 37. Health Unit. No Dangerous Materials.38.4t.,,, Tenant agrees not to use or permit in the Demised Premises the storage andior use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural Qasr,ofiffher similar substances, combustible materials, or explosives of any [irt :biuq.ny.l.Substance . or _thing prohibited in the standard policies of fire coffipSies in the State of Florida. Any such substances or materials regulations promulgated thereunder. The provisions of this Section 38 shall suryive the termination or earlier expiration of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Pase Sfuof 757 486 IN WITNESS WHEREOF, their seals to be affixed, all agreement. FOR Landlord: ATTEST: By: Secretary Date FOR TENANT: ATTEST: the parties hereto as of the day and have caused their names to be signed and year first above written, indicating their MIAMI BEACH AGENCY, a public politic, .rli,, ^/',/-r*--,4../,.:',/.: :,. \d: *; ili- a._ Y,. REDEVELOPMENT body corporate and Philip Levi ne,€hairman *.j \\-: t.\..,r",' 'ru-: . .t -'.. 1t^ ,ri i\..t', "-'"-MlAMl \, ,GOMM\:' a '.\ / '*-.. 1: 4 {i_ . -. \i,': , Y_ :.' 1i"''tr .:: \:':::.: BEAGH CHAMBER ERCE \ri,i,' OF President F:\T-Drive\AGENDAU0lnl - January\TCED\MBCC\Miami Beach Chamber of Commerce Agreement Draft chang€s 't-3-2016.docx Paoe sp] of 757 487 EXHIBIT 1 Demised Premises f ? i: ,'' #,i# , .,,',.1,:,,.-...,. V; qil Page spQof 757 488 GF F- EE?:lx LU NXEAXAE i i=4 I , !tfi u i 1 i," * !J\{L) ]Irl ,i I t/: GAMGE RETAIL SPACE SITE RETAIL SPACE WEST ELEVATION 489 490 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5NTH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, 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. RECOMMENDATION City Commission 5/7ths vote approving the placenrent of a comrnenrorative plaque at the Belle lsle Park flag pole in honor of the heroic rnen and wonen in the Arnred Forces and First Responders for their service and, pursuant to Section B2-504(a) of the City Code. ANALYSIS The Belle lsle Residents Association has recently worked together with City Staff on the placement of a flag pole at Belle lsle Park. With the placement of the flag pole completed, there is a strong desire by the residents to place a commemorative plaque at the foot of the flag pole honoring the heroic men and women who serve. At the October 26,2016 City Commission meeting, a referral to the Neighborhood/Community Affairs Committee (NCAC) uas made to consider approving the placement of a plaque at the Belle lsle Park flag pole honoring the heroic men and women in the Armed Forces and First Responders for their seMce. The item was placed on the November 18, 2016 NCAC agenda, but was deferred. At the December 9,2016 NCAC meeting, the committee unanimously approved the placement of the plaque at the Belle lsle Park Flag Pole, to be moved to the full Commission with direction forthe City Manager to provide funding. At the December 14, 2016 Commission Meeting, the Commission accepted the recommendation of the Neighborhood/Community Affairs Committee at its December 9,2A16 meeting recommending in favor of the placement of a commemorative plaque at the Belle lsle Park flag pole in honor of the heroic men and women in the Armed Forces and First Responders for their service. Pursuant to Section 82-504 of the City Code, a public hearing was set for January 11, 2017 to consider the placement of the commemorative plaque, and direct Resolutions - R7 B COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 11:35 a.m. Public Hearing Page 565 o1757 491 the City Clerk to publish the appropriate public notice. At the close of the City Commission public hearing, the approval of the proposal requires a 5/7ths vote. Unless expressly provided othenruise in the City Commission Resolution approving the monument or memorial, the approval shall establish the presumption that the City shall assume the costs associated with the ongoing maintenance of the approved monument or memorial. Exhibit A presents the proposed plaque design and the cost for the production and installation of the plaque which is estimated at $1,375.85. Legislative Tracking Parks and Recreation Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o ExfribitA- Belle lsle Flag Pale Plaque Layout and Message n Resolution Page 566 of757 492 493 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MtAMt BEACH, FLORIDA, AppROVtNG, By 5/7rH VOTE, FOLLOWTNG A DULY NOTICED PUBLIC HEARING, THE PLACEMENT OF A COMMEMORATTVE 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. WHEREAS, the Belle lsle Residents Association has recently worked together with City Staff on the placement of a flag pole at Belle lsle Park and with the placement of the flag pole completed, there is a strong. desire by the residents to place a commemorative plaque at the foot of the flag pole honoring the heroic men and women who serve in our nation's Armed Forces and who serve as Fiist Responders; and WHEREAS, at the October 26, z}rc City Commission meeting, the proposal of a commemorative plaque was referred to the Neighborhood/Community Affairs Committee (NCAC) for its consideration; and WHEREAS, at the December 9, 2016 NCAC meeting, the Committee unanimously recommended in favor of tftg place-ment of a plaque at the Belle lsle Park Flag Pole, with further direition for the City Manager to identify funding; and WHEREAS, at the December 14, 2016 Commission meeting, the Commission accepted the recommendation of the Neighborhood/Community Affairs Committee at its December 9, 2016 meeting recommending in favor of the placement of a commemorative plaque at the Belle lsle 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 of the City Code, a public hearing was set for January 11,2017 to consider the placement of the commemorative plaque, and the City Clerk was directed to publish the approprlate public notice; and WHEREAS, at the close of the City Commissionls public hearing, the approval of the proposal requires a 5/7ths vote and, unless expressly provided othennrise in the City Commission's Rdsoiution approving the monument or rnemorial, the approval shall establish the presumption that the City shall assume the costs associated with the ongoing maintenance of the approved monument or memoriil; and WHEREAS, the City Administration's analysis of the estimated cost for the design, fabrication, and installation of the commemorative plaque is estimated at 91,37S,85. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, by b/7th vote, following a duly noticed public hearing, the placement of a commemorative plaque at the Belie lsle Park flag pole in honor of the heroic men and women in the Armed Forces and First Responders for their service. PASSED and ADOPTED this 1 1th day of January, 2017, ATTEST:Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Rafael E. Granado, City Clerk Page 568 of757 ,fu Doto 494 Resolutions - R7 C MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 11:.45 a.m. Public Hearing SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016117. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) RECOMMENDATION (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Legislative Tracking Budget and Performance I mprovement Page 569 of757 495 496 Resolutions - R7 D COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 MIAMIBTACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE IVAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, THE TITLE VI PROGRAM AND RELATED NONDTSCRTMTNATION POLTCY AND PLAN (TTTLE Vt PROGRAM PLAN), AS AMENDED, SUPPLEMENTING THE EXISTING TITLE VI PROGRAM PLAN, BY EXPANDING lrs APPLICATTON TO ALL CtTWVtDE SERVTCES (tNSTEAD OF JUST TRANSPORIATION); AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH FURTHER MODIFICATIONS TO THE TITLE VI PROGRAM PLAN AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS IN WHICH THE CITY PARTICIPATES. RECOMMENDATION The Administration recomnends that the Mayor and City Commission adopt the Resolution approving a Citywide Title Vl Nondiscrimination Policy and Plan for all City seruices, prograrns, and activities. ANALYSIS At the May 21, 2014 City Commission meeting, the Commission approved an lnterlocal Agreement with Miami-Dade County for provision of municipal circulator services (North Beach trolley loop). Provisions of the agreement include compliance with federal requirements as determined by the Federal Transit Administration (FTA), including Tltle Vl of the Civil Rights Act of 1964. Title Vl stipulates that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ln 2014, pursuant to FTA requirements, the City developed a Tltle Vl Program Plan specific to the City's transit/trolley service. The Plan was reviewed by AECOM, a transportation planning and engineering firm under the City's rotational contracts, t o ensure that the Program Plan complied with all federal requirements. The Title Vl Program Plan was adopted by the City Commission on June 11,2014. ln order to receive Federal funds for projects that include, but are not limited to, transit projects, local agencies and their contractors and consultants must comply with Federal and State nondiscrimination authorities, including state statutes, US Department of Justice (USDOJ), US Department of Transportation (USDOT), and Federal Highway Administration (FHWA) regulations, orders, and notices. To maintain Certification in the LocalAgency Program (LAP), Page 570 o1757 497 local agencies must submit the Sub-recipient Compliance Assessment Tool (SCAT) once every three (3) years or at the request of USDOT. ln Florida, for cities to be eligible to receive federal funding through FDOT, sub-recipients must have a Title Vl/Nondiscrimination Policy adopted by their goveming board that covers all programs, services and activities provided by the City. Earlier this year, as part of the required LAP re-certification process, FDOT reviewed the City's adopted 2014 Title Vl Program Plan and found that while the adopted Plan meets FTA requirements, the City's cunent version was limited to transit services and therefore not broad enough to meet FHWA/FDOT requirements. Pursuant to FHWA/FDOT requirements, City staff drafted a new lltle Vl/Nondiscrimination Policy and Plan to supplement the existing Plan by including all City seryices, programs, and activities. The Title Vl Program and Related Nondiscrimination Policy and Plan references the City's Human Rights Ordinance codified in Chapter 62 of the City Code and provides a claim form incorporating any claims of discrimination based upon Title Vl and related discrimination claims as well as any claims under the protected categories covered by the City's Human Rights Ordinance. The Draft Tltle Vl/Nondiscrimination Policy and Plan was submitted to FDOT earlier this year for a sufficiency review and was found to meet FHWA/FDOT requirements, in addition to FTA requirements. Below is a brief description of the major components of the Draft Title Vl Program Plan as developed by the Administration and approved by FDOT. . City's Policy Statement: Through this Program Plan, the City commits to non- discrimination in any of its programs, services or activities as evidenced by the City of Miami Beach Human Rights Ordinance codified in Chapter 62 of the City Code as may be amended from time to time. Pursuant to Title Vl of the Civil Rights Act of 1964 and other federal and state authorities, as more particularly described in 23 CFR Part 200, the City will not i) exclude anyone from participation in, ii) deny anyone the benefits of, or iii) subject anyone to discrimination under any city program, service, or activity, on the grounds of race, color, national origin, sex, age, disability, religion, income or familial status. o Title Vl Program and Related Discrimination Complaint Procedure: The City has established a Title Vl Program and related discrimination complaint procedure that references the City's Human Rights Ordinance as codified in Chapter 62 of the City Code and will take prompt and reasonable action to investigate and eliminate discrimination when found. ln addition, the proposed Program identifies a Title Vl Coordinator for the City. o ADA/504 Statement: The City commits to making every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The City will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by the disabled community and disability service groups. The City encourages the public to report any facility, program, service or activity that appears inaccessible to those who are disabled. Furthermore, the City will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access facilities, programs, services or activities. ln addition, the proposed Title VI Program Plan identifies an ADA Coordinator for the Cig. Page571 of757 498 . Limited English Proficiency (LEP) Analysis: This analysis determined that there is a significant percentage of Spanish-speaking population in the City. ln an effort to promote the use of City services by LEP customers, the City will make information readily available in both English and Spanish such as City's website (published in English and it may be translated into Spanish or any other language as part of Google Translate tool by clicking Google Select Language icon on the bottom left corner of the City's webpage), public meeting notices, project information, and bilingual customer service staff. Complaint forms are available on-line in both English and Spanish. Additional information can be provided in Spanish upon request, and a telephone number and point of contact for the City is provided in the Program Plan. . Public lnvolvement: ln order to plan for efficient, effective, safe, equitable and reliable programs, services or activities, the City must have the input of its public. The City commits to holding meetings, workshops and other events designed to gather public input on project planning, design, and construction. Furthermore, the City attends and participates in other community events to promote its services to the public. The City also commits to constantly seeking ways of measuring the effectiveness of its public involvement. CONCLUSION As mentioned above, for cities to be eligible to receive federal funding through FDOT, sub- recipients must have a Title Vl/Nondiscrimination Policy and Program Plan adopted by their goveming board that covers all programs, services and activities provided by the City. A City of Miami Beach Tltle Vl Program Plan adopted by the City Commission will ensure the City remains eligible to receive federal funding for current and future roadway, infrastructure, and transit pro1ects and will also serve to proactively discourage discrimination on the basis of race, color, national origin, sex, age, disability, religion, income or family status by adequately educating and involving the community in the planning process as well as the implementation of cibpnde services, programs, and activities. KEY INTENDED OUTCOMES SUPPORTED Ensure That A Universal Culture Of High Quality Custoner-Service ls Driving The Conduct Of The City Commission And AII City Employees Legislative Tracking Transportation Page 572 of 757 499 500 Resolutions - R7 E COMMISSION MEMOR.AN DU M Honorable Mayor and Members of the City Commission Raul J. Aguila, City Attorney January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE STEERING COMMITTEE OF THE WASHINGTON AVENUE PROPERTY OWNERS, FOR THE PURPOSE OF ESTABLISHING A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CFIAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE WASHINGTON AVENUE RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A NATIOMLLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES. ANALYSIS The attached Resolution, sponsored by Commissioner Michael Grieco, authorizes the Offices of the City Manager and City Attorney to work with the Steering Committee of the Washington Avenue property ownerc, for the purpose of establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the Washington Avenue retail business district, which is located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. Leqislative Trackino Office of the CityAttorney Sponsor Commissioner Michael Grieco AfiACHMENTS: Description o Resolution Page 573 of757 501 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE STEERING COMMITTEE OF THE WASHINGTOH AVENUE FROPERTY OWNERS, FOR THE PURPOSE OF ESTABLI$HING A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE WASHINGTON AVENUE RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES. WHEREAS, the Steering Committee of the Washington Avenue property owners ("sieering Committee") represents a group of owners of real estate in the vicinity of, abutting, or located on Washington Avenue; and WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail business districts, wholesale business districts, or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services, in such districts of the municipality; and WHEREAS, the Steering Committee seeks to work with the City of Miami Beach to establish a special assessment district under Chapter 170, Florida Statutes, in order to stabilize and improve the Washington Avenue area, a retail business district within a nationally recognized historic district, through promotion, management, marketing, and other similar services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Offices of the City Manager and City Attorney to work with the Steering Committee of the Washington Avenue property owners, for the purpose of estahlishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the Washington Avenue retail business district, which is located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. PASSED and AEOPTED this daY of ATTEST: 2417. Philip Levine, Mayor APPROVED AS TO RafaelE. Granado, City Cle* Page 574 of 757 rbNTrN & LANGUAGE 502 Resolutions - R7 F COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, City Attorney January 11,2017 AAIAAAIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY'S POLICIES OF NONDISCRIMINATION AND INCLUSION, CREATING A SAFE SPACE PROGRAM FOR BUSINESSES AND OTHER ORGANIZATIONS IN THE CITY TO DEMONSTRATE THEIR COMMITMENT TO THE SAFETY AND EQUAL TREATMENT OF MEMBERS OF THE LESBIAN, GAY BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING ('LGBTQ") COMMUNITY AND DIRECTING THE POLICE DEPARTMENT TO CONDUCT OUTREACH EFFORTS TO PROMOTE THE SAFE SPACE PROGRAM. RECOMMENDATION Pursuant to the request of Commissioner Michael Grieco, the attached Resolution creating an LGBTQ Safe Space Program is submitted for consideration by the Mayor and City Commission. Legislative Tracking Police Department / Office of the CityAttorney Sponsor Commissioner Michael Grieco ATTACHMENTS: Description n LGBTQ $afe Space Reso Page 575 of757 503 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CIry'S POLICIES OF NONDISCRIMINATION AND INCLUSION, CREATING A SA.FE SPACE PROGRAM FOR BUSINESSES AND OTHER ORGANIZATIONS IN THE CITY TO DEMONSTRATE THEIR COMMITMENT TO THE SAFEry AND EQUAL TREATMENT OF MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING ("LGBTQ") COMMUNtry, AND D|RECT|NG THE pOLtCE DEPARTMENT TO CONDUCT OUTREACH EFFORTS TO PROMOTE THE SAFE SPACE PROGRAM. WHEREAS, the City of Miami Beach ("City") has a compelling interest in protecting its most vulnerable communities, including members of the lesbian, gay, bisexual, transgender, queer, and questioning ("LGBTQ") population, and WHEREAS, according to an analysis of data collected by the Federal Bureau of lnvestigation, "[e]ven before the shooting rampage at a gay nightclub in Orlando, Fla., lesbian, gay, bisexual and transgender people were already the most likely targets of hate crimes in America" {NewYorkTimes. June 16,2016); and WHEREAS, the City of Miami Beach's Human Rights Ordinance declares that "there ls no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice against one another and antagonistic to each other because of actual or perceived differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation"; and WHEREAS, as stated in the Human Rights Ordinance, "prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic society"; and WHEREAS, the City's Human Rights Ordinance prohibits discrimination in employment, public accommodations, housing, and public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and famitial status, oge, disability, ancestry, height, weight, domestic partner status, labor organization membership, famitial situation, or political affiliation; and WHEREAS, in furtherance of these policies, the Mayor and City Commission now desire to launch a Safe Space program for businesses and other organizations in Miami Beach to Page 576 of757 504 demonstrate their commitmeni to the safety and equal treatment of members of the LGBTQ cornmunity ("Safe Space Program"); and WHEREAS, the goals of the Safe Space Program are to provide members of the LGBTQ community with easily accessible safety information and safe places throughout Miami Beach that they can turn to if they are the victims of harassment or crime; and WHEREAS, a business or organization desiring to designaie itself as a Space Space may register with the City's Police Department and obtain Safe Space decals to post as a symbol of safety; and WHEREAS, [n order to register as a Safe Space, a business or other organization must agree to the following terms: post the Safe Space decal outside the front entrance of the establishment; allow victims of LGBTQ-based harassment or crime to enter and remain at the establishment until the police arrive; immediately call or assist LGBTQ victims in calling 91 1; and WHEREAS, any individual who seeks solace in a Safe Space location can be assured that if they are the victim of a crime, police will be called immediately. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby reaffirm the City's policies of nondiscrimination and inclusion, create a Safe Space Program for businesses and other organizations in the City to demonstrate their commitment to the safety and equal treatment of members of the lesbian, gay, bisexual, transgender, queer, and questioning ("LGBTQ") community, and direct the Police Department to conduct outreach efforts to promote the Safe Space Program. PASSED and ADOPTED this --'''- day of _, 2017. ATTEST: Mayor Philip Levine Rafael E. Granado, City Clerk (Sponsored by Commissioner Michael Grieco) F:\ATTO\KALN\RESOLUTIONS\LGBTQ Safe Space reso.doc APPROVED AS TO rONHA & LANGUAGE & FOR EXECUTION !!fu Page577 of757 tip Dole 505 506 Resolutions - R7 G COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimnry L. Morales, City Manager January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF EVA SILVERSTEIN AS THE DIRECTOR FOR THE TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT OF THE CITY OF MIAMI BEACH. RECOMMENDATION Pursuant to the requirernents of Article lV Section 4.02 of the City Charter, it is recomnended that the Mayor and the City Commission adopt the attached resolution consenting and confirming Eva Silverstein as the Director of Tourism, Culture and Economic Developnent for the City of Miami Beach. ANALYSIS The Director of Tourism, Culture and Economic Development is responsible for organizing, planning, and facilitating in order to provide direct and indirect services ranging from cultural programming, film and special events, tourism promotion and expansion of the arts in the community. The Director is also responsible for directing the City's economic development, real estate and redevelopment agency functions. The Director of Tourism, Culture and Economic Development will act as a City sole representative on many occasions. Eva Silverctein has spent the past nineteen years raorking in the performing arts and non-profit industry. She began her career as a performer and entrepreneur, launching her ovvn dance company and non-profit foundation in New York in '1998. After more than a decade of performance and outreach work on the national and global stage, she transitioned to focus on the administrative and business side of the pertorming arts. Since 2008, she has held leadership roles in major performing arts organizations in the development, markerting, and public relations arenas. Ms. Silverctein eamed a bachelofs degree from Wesleyan University in English and Dance, with highest honors. With a distinctly creative and energetic approach and a diverse portfolio of professional and managerial experiences, Ms. Silverstein will be an asset to the Department of Tourism, Culture and Economic Development. CONCLUSION ln November 2016, the City Manager began to search for an individual to fill the position for Page 578 of757 507 Director of Tourism, Culture and Economic Development for the City of Mlami Beach. As a result, the City Manager appointed Eva Silverstein as the Director of Tourism, Culture and Economic Development, effective January 11, 2017. Ms.silverstein's impressive skills and experience would positively contribute to the City of Miami Beach. As such, I recommend Ms. Silverstein for your approval as Director. Pursuant to the requirements of Article lV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and cofirming Eva Silverstein as Director of Tourism, Culture and Economic Development. Legislative Tracking Human Resources ATTACHMENTS: Description o Eva Silverstein Resunre o Resoluiion Page 579 of757 508 EVA SILVERSTEIN irz*pir** leaaSer brand refrc:her cr*mti,;* ellrecttrr t z"* srs rz * d t ** * r ai=z;rg *2. *t ***i * r:xl i-;:x rketi n g * r:e{ p u fo I ic r *lx\i *;s * r **=r*u*i: at t: r rx*lring pe*pE* {e*1 go** an*, bran&zl**'z g*r;4 d *Ziv erirzg *x*epli*'*al * * d u *exp** t-* ri *zp* ri ** cr:r CAREER SYNOPSIS Born and raised in Brooklyn, NY, Eva Silverstein has spent the past 19 years working in the performing arts and non-profit industry. She began her career as a performer and entrepreneur, launching her own dance company and non-profit foundation in New York in 1998. After more than a decade of performance and outreach work on the national and global stage, she transitioned to focus on the administrative and business side of the performing arts. Since 2008, she has held leadership roles in major performing arts organizations in the development, marketing, and public relations arenas. Her entire career has been structured by an unwavering belief in the power of the arts to inspire young lives and a passionate commitment to social justice. With a distinctly creative and energetic approach and a diverse portfolio of professional experiences, Eva has become known for her ability to refresh and re-position a brand for new heights of financial success and meaningful community engagement. PROFESSIONAL PROFILE {June 2014-present} DIRECTOR OF DEVELOPMENT, Miami City Ballet ' Set fundraising records for Miami City Ballet: Securing $ZZ fr4illion in contributed revenue during her tenure at the helm of the fundraising team; eliminating more than S3 Million of deb! exceeding budgeted fundraising goals by more than SZ tvtillion. ' Produced and executed the most successful Gala in Miami in 2015, celebrating MCB's 30th Anniversary season, and raising Ss.0 fr4ittion. ' During MCB's 30th Anniversary Season, planned and executed 117 special events; created and led a patron tour to New York for the Company's Lincoln Center debut; Iaunched a Corporate Partners program to engage high-end corporate leaders; conceptualized and managed a 30th Anniversary brand refresh campaign, successfully engaging a new and greatly expanded philanthropic circle of donors and community partners. ' Successfully launched and executed a financial stability campaign to permanently stabilize fiscal health and eliminate debt, resulting in 56.5 Million in new gifts secured between December 2014 and April 2015.o Secured major funding from national foundations including the John S. and James L. Knight Foundation; Ford Foundation; Rockefeller Foundation; and National Endowment for the Arts. ' Developed and launched two significant outreach programs: Ballet Bus, presented in partnership with Superintendent Alberto Carvalho and Miami-Dade County Public Schools, and Ballet Beyond Borders, a creative partnership with Brazilian Ambassador Helio Vitor Ramos - both designed to support diversity in classical ballet, creating transformational, high impact experiences for underserved young people from around the corner and around the globe. . Planned and executed annual 2015 Gala, grossing more than St Vtillion.. Launched a new and wildly popular annual kids gala, Nutcracker Magic. ' Reorganized the entire organization's financial reporting and donor record management system. ' Developed a structured major gifts fundraising campaign; a new membership campaign; and an enhanced schedule of special events and donor touch points throughout the season.. Expanded and reorganized Development Department staff. Page 580 o1757 509 {2013-2014) DIRECTOR OF ADVANCEMENT, CAMPAIGN DEVELOPMENT & PARTNERSHIPS, Adrienne Arsht Center ' Created a comprehensive fundraising campaign for the Arsht Center's 10tl'Anniversary including multi-million dollar goals within Annual Operating Support, Arts Education, and Endowment Funds. ' Developed extensive campaign materials, both online and high-end print pieces. ' Served as lead fundraiser on all communicatlons with major donors, Board Members, and philanthropists.e Successfully re-launched the Green Room Society, the Arsht Center's young professionals society. ' Supervised the re-launch of the Culturist Membership campaign with more than 1,500 members and annual events. ' Collaborated closely with CEO, Board Members, and Chairman on special pro.iects and fundraising initiatives. (2010-2013) DIRECTOR OF MARKETING, Adrienne Arsht Center ' Responsible for seven-figure marketing, advertising, and paid media portfolio including an eclectic roster of performance series and initiatives: classical music, pops, dance, urban/world music, and arts education. ' Created and executed targeted marketing campaigns for more than 150 titles/performances; institutional branding; Prelude by Barton G,; and the Bombay Sapphire Lounge. ' Extensive, creative collaboration with media outlets on paid and trade arrangements to supplement show-specific and institutional marketing. ' Supervised marketing staff; collaborated with design and online team; and served as department liaison to Advancement and Programming teams.. Collaborated closely with CEO. t2oos-2010) PR COORDINATOR, Adrienne Arsht Center ' Centralized press and publicity for the Arsht Center, including more than 250 titles/5o0 performances per year. ' Lead PR for all performances, press meets, media events, VIP functions, artist appearances, and media interviews. ' Media messaging for all senior staff, institutional initiatives, CEO, and Executive Vice President. ' Responsible for creation of all show-related and institutional communications including: press releases, media announcements, talking points, and formal communications. ' Supervised all on-site media events including: artist management; media invitations/lists; photocatalogue; and press room post-event coverage. (1se8-2008) SILVER-BROWN DANCE COMPANY CEO and Artistic Director, Brooklyn, NY Founded in 1998, the Silver-Brown Dance Company (SBD) was an internationally acclaimed modern dance company and non-profitfoundation. Affectionatelyknownas"Brooklyn'sfearlessdancecompany"lTheNewYorkfimes),SBD appeared in the U.S., Canada, Argentina, France, lsrael, and the Dominican Republic. The Company maintained a year- round schedule of performance, education, and community outreach programs with a distinct focus on reaching and inspiring underserved young people through the transformative power of the performing arts. SBD Outreach & Fundraising Highlights ' OASIS SERIES: A free performance series presented in Brooklyn Bridge Park for six consecutive years, in partnership with Goldman Sachs and the Brooklyn Borough President, to commemorate the 9/11 anniversary. ' KATRINA KIDS: A deeply impactful and long-term residency series, relocating SBD to New Orleans to work with young people in the direct aftermath of Hurricane Katrina; serving more than 200 children, their families, school, and larger NOLA community. ' Responsible for all fundraising and philanthropic outreach including individual, corporate, and foundation donors.I Stewardship of major gifts, annual giving, legacy gifts, and grants. ' Responsible for all special event planning and supervision, donor-related events and communications. (2000-2004) ARTS PROGRAM DIRECTOR, UNIVERSITY SETTTEMENT, New York, NY ' Curator/producer of performing and educational community events at America's first social settlement house.. Director of community-based free dance education for local youth.. Liaison to artists, funders, press, and community partners. tlsee-2000) JACQUES D'AMBOISE & NATIONAL DANCE INSTITUTE, Personal Assistant to Founder and Director, Jacques d'Amboise New York, NY & Nationwide Public Schools Page 581 of757 510 EDUCATION Wesleyan University, B.A. English & Dance, Highest Honors, 1998 Universidad de Buenos Aires, Argentina, Semester of Study, 1997 Stuyvesant High School, NYC, Highest Honors, 1994 Fluent in Spanish Page 582 of757 511 RTSOLUTIMT"J NO" A RE$OLUTION OF THE MAYOR AND CITY COMMI$$ISN OT THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF EVA SILVERSTEIN AS THE DIRECTOR FSR TOURI$M, CULTURE AND ECONOMIC NEVELOPMENT OF THE CITY OF MIAMI BTACH. WHEREAS, in November 2016, th* City Manager accepted the resignation of the Tourism, Culture and Economic Director, Max Sklar, and began a search for his replacement; and WHEREA$. the City Manager has appointed Eva Silversiein as Director of Tourism, culture and Economi* Development for the city cf Miami Beach: and WHEREAS, Ms. Silverstein has years *f professional and managerial experience in various positions; and WHEREAS, Ms. Silvertein's prior work experience includes being the Director of Development for the Miami City Ballet; Director of Advancement, Campaign Development & Partnerships at the Adrienne Arsht Center: Director of Marketing for the Adrienne Arsht Center. Ms. $ilverstein also launched her own dance company and non- profit foundation in 1998; and WHERHAS, pursuant to Article lV, Section 4.02(b), of the City of Miami Beach Charter, the City Manager has the power to appoint the directors of City departments, except for the Legal Department and the City Clerk's Office, with the crnsent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to con*ent to and confirm the appointment of Eva Silverstein as Director of Tourism, Culture and Economic Development for the City of Miami Beach, Florida. NOW, THEREFQRE, BT |T DULY RESOLVED THAT THE MAYOR AND CITY coMMlssloN oF THE emY oF MtAMt BEAGH, FL0RIDA, hereby consent to and confirm the appointment of Eva Silverstein as Director of Tourism, Culture and Economic Development for the City of frrliami Beach. PASSED and ADOPTEB this _ day of _,2A17. ATTEST: Philip Levine, Mayor APPROVID ASTO FORM & LANGUAGE & FOR HTCUTION Rafael E. Granado, City Clerk Page 583 of757 /fi4/7 Dole 512 Resolutions - R7 H MIAAAIBEACH GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, CityAttorney DATE: January 11,2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY oF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REQUIRE INSURANCE COMPANIES TO OFFER PROPERTY INSURANCE PRODUCTS THAT ADDRESS SEA LEVEL RISE AND INCENTIVIZE GREEN MEASURES THAT MITIGATE THE RISKS RELATED TO CLIMATE CHANGEAND FLOODING. RECOMMENDATION Pursuant to the request of Commissioner Kristen Rosen Gonzalez" the above-referenced Resolution was submitted for consideration by the Mayor and City Commission at the December 14,2016 City Commission Meeting. The item was deferred to the January 11, 2016 City Commission Meeting. A revised Resolution will be submitted in the supplernental agenda. Legislative Tracking Office of the CityAttorney Sponsor Commissioner Kristen Rosen Gonzalez Page 584 of757 513 514 515 MIAMIBEACH Honorable Mayor and Members of the Rafael E. Granado, City Clerk January 11,2017 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS. RECOMMENDATION That appointnents be nrade as indicated. ANALYSIS BOARD OR COMMITTEE: TOTAL MBRS. Ad Hoc Host 2017 U.S. Conference of 10 Mayors New Business and Commission Requests - Rg A GOMMISSION MEMORANDUM City CommissionTO: FROM: DATE: Affordable Housing Advisory Committee Aft in Public Places Committee Budget Advisory Committee Committee on the Homeless Design Review Board Disability Access Comm ittee Health Advisory Committee 1B City Commission APPOINTED BY: Mayor Philip Levine TOTALVAC Page# 10 1 9 L2 t2 15 15 L7t4 11 City Commission City Commission Mayor Philip Levine Commissioner Micky Steinberg City Manager Jimmy L. Morales City Commission Mayor Philip Levine City Commission Page 585 of757 18 516 Hispanic Affairs Comm ittee Housing Authority Human Rights Committee Personnel Board Planning Board Police/Citizens Relations Com m ittee Sister Cities Program Youth Commission Legislative Tracking Office of the City Clerk ATTACHMENTS: Description n Board and Committe€s 2l 24 25 37 38 40 44 50 11 10 L4 21 Mayor Philip Levine Mayor Philip Levine City Commission City Commission City Commission Mayor Philip Levlne Mayor Philip Levine Commissioner Michael Grieco Page 586 of757 517 VACANCY REPORT Affordoble Housing Advisory Commitlee Art in Public Ploces Committee Budget Advisory Com mittee Design Review Boord Heolth Advisory Com mittee Humon Rights Commiitee Personnel Boord Plonning Boord IB 7 I 7 il il t0 7 I 3 1 I A 1 I I Design Review Boord Youih Commission Committee on the Homeless Ad Hoc Host 2017 U.S. Conference of Moyors Committee on the Homeless Disobility Access Comm ittee Hisponic Affoirs Committee Housing Authority P olice / Citizens Relotions Com m ittee Sister Cities Progrom t0 9 14 7 5 14 2t t0 I I 1 3 I A Tuesday, January 03, 2017 Page 587 of757 518 .,r Boards and Committees Current Members Ad Hoc Host 2017 U.S. Conference of Mayors Composition: 1. The City of Miami Beach's hosting of the June 2017 United States Conference of Mayors Annual Meeting in the City of Miami Beach serves a public purpose. 2. An Ad Hoc Host Committee for said 2017 Annual Meeting is hereby created, whose purpose is to raise funds for the City's costs in hosting the 20'17 Annual Meeting 3.The Ad Hoc Host Committee shall be composed of up to ten (10) members to be direct appointees of the Mayor. 4. Ad Hoc Host Committee member terms shall commence on January 14,2016 for an initial one year term, followed by an additional term through and including June 30,2017 (subject to earlier or later sunset by the City Commission). 5. The City is hereby authorized to accept donations for this public purpose, and the City Manager, or his designee, is authorized to make such expenditures and/or reimbursements from the donations in furtherance of and consistent with the aforestated public purpose served by the City's hosting of 2017 United States Conference of Mayors Annual Meetings. City Liaison: 2016-29216 Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Vacancy: Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Members: 06t30t2017 06t30t2017 06t3012017 06t30t2017 06t30t2017 06t30t2017 06t30t2017 06t30t2017 06t30t2017 06t30t2017 Tuesday, January 03, 2017 Page 588 of757 1of50519 I,a Boards and Committees Current Members Affordable Housing Advisory Committee Composition: The Committee shall consist of eighteen (18) voting members with two-year terms. Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and each Commissioner. The direct appointee shall either be: (i) a resident of a locally designated community development target area for a minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business established in a locally designated community development target area for a minimum of six months. The remaining eleven (1 1) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows: 1. One citizen actively engaged in the residential home building industry in connection with affordable housing; 2. One citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; 4. One citizen actively engaged as an advocate for low-income persons in connection with affordable housing: 5. One citizen actively engaged as a for-profit provider of affordable housing; 6. One citizen actively engaged as a not-for-profit provider of affordable housing; 7. One citizen actively engaged as a real estate professional in connection with affordable housing; B. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.3174 (Planning Board member); 9. One citizen who resides within the jurisdiction of the local governing body making the appointments; 10. One citizen who represents employers within the jurisdiction; 1 '1. One citizen who represents essential services personnel, as defined in the local housing assistance plan. lf the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman Appointments To Be Made: David Smith Allison Stone MichaelFeldman Vacancy: Vacant Members: (2) Actively Engaged in Banking/Mortgage lndustry (5) For Profit Provider (9) Resides with Jurisdiction of LocalGoverning Body (1 1) Represents Essential Services Personnel Sec. 2-.167 City Commission City Commission City Commission 12t31t2016 12t31t2016 12t31t2016 12t31t2020 12t31t2020 12t31t2021 12t31t2016 City Commission First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Alexander Beth Francis Jeffrey Karen Matthew Mayela Pilar Roger Orlofsky Butler Trullenque Feldman Fryd Land Mueller Carvajal Shields (1 0) Represents Employers With Jurisdiction (4) Low-lncome Advocate (8) Actively Serves on Local Planning Agency 12t31t2017 12t31t2017 12t31t2016 (1) Residential Home Building 12/3112018 12t31t2018 Commissioner Micky Steinberg City Commission City Commission City Commission Commissioner Joy Malakoff Commissioner John AlemSn Mayor Philip Levine City Commission Commissioner Ricky Arriola 12t31t2017 12t31t2017 12t31t2017 12t31t2017 12/31t2021 12t31t2021 12t31t2021 12t31t2019 12t31t2021 12t31t2023 12t31t2021 12t31t2021 12t31D423 2of50Tuesday, January 03, 2017 Page 589 of757 520 First Name Last Name PositionlTitle:Term Ends: Appointed by:Term Limit: Sarah Seth Sixto Suzanne Xavier Leddick Feuer Acea Hollander Gonzalez- Sanfeliu (6) Not for Profit (7) Real Estate Professional (3) Represents Areas of Labor ln Connection with Affordable Housing CommissionerKristenRosen 12131nA23 Gonzalez Commissioner Michael Grieco 1213112A21 City Commission 1213112021 City Commission 1213112019 City Commission 1213112022 12t31t2011 12t31t2018 12t31t2017 12t31t2011 12t31t2018 Applicants Allison Stone Britta Hanson Dale Gratz Dr. Barry Ragone Francis Trullenue Howard Weiss Jackson Keddell Janie Hayes Jordan Nadel Josephine Pampanas Lawrence Raab Lori Bakkum Michael Feldman Prakash Kumar Stephanie Berman Applicants Barbara Gotlinsky Craig Smith David Smith Eric Lawrence Guy Simani lan Bacheikov Jamie Straz Jesse Fleet Joseph Landesman Juan Rojas Lisett Fernandez Mendy Lieberman Miguel Brizuela Stanley Shapiro Stephen Bernstein Tuesday, January 03, 2A17 Page 590 of757 3of50521 .a:,, Boards and Cornmitiees Current Members Art in Public Places Committee Composition: Two (2)year term. Appointed by a minimum of 4 votes. Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of ad history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. Sec. 82-561 City Liaison: Dennis Leyva Appointments To Be Made: Cathy Byrd Vacancy: To replace Susan Caraballo To replace Megan Riley To replace Janda Wetherington Members: 12t31t2016 12t31t2016 12J31DA16 12t31t2016 City Commission City Commission City Commission City Commission 12t31t2019 12131t2018 12131t2016 12t31t2016 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Chana Ombretta Patricia Sheldon Agro Andruff Frost 1213112017 CityCommission 1213112017 CityCommission 1213112017 CityCommission 12t31t2019 12t31t2019 12t31t2019 Applicants Adrian Gonzalez Alexander Orlofsky Calvin Kohli Cathy Byrd Cindy Brown Dale Stine David Castillo Eric Montes de Oca Francis Trullenque Jesse Fleet Laura Levey Leslie Tobin Marjorie O'Neill-Buttler MichaelMcManus Mirta Limonta Nancy Bernstein Sarah Leddick Scott Bader Silvia Karman Cubina Susan Caraballo Vanessa Menkes Tuesday, January 03, Applicants Adrienne Krieger Allee Newhoff Carolyn Baumel Christina LaBuzetta Craig Garmendia Daniel Novela Elizabeth Schwartz Francinelee Hand Janda Wetherington Keren Bajaroff Laurence Moser Lori Bakkum Megan Riley Michelle Ricci Monica Matteo-Salinas Roger Baumann Scott Robins Seth Feuer Susan Schemer Thomas Musca Veronica Camacho-Krieger Page 591 of757 2017 4of50522 Boards and Committees Current Members Audit Committee Composition: The members of this Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. The primary purpose of the Committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in FS 218.39; however, the Audit Committee may serve other audit oversight purposes as determined by the entity's governing body. Under FS 218.391 the committee shall: 1. Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm; 2. Evaluate proposals provided by qualified firms; and 3. Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. City Liaison: James Sutter Members: FS 2'18.39'1 & 2.18.39 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Arthur Bryan Marc Michael Patricia Ronald Sandford CPA CPA CPA CPA CPA Chair CPA Unger Rosenfeld Gidney Weil Valderrama Starkman Horwitz 1213112017 CommissionerJoyMalakoff 1213112017 CommissionerJohnAlem5n 1213112017 CommissionerMickySteinberg 1213112018 Mayor Philip Levine 1213112011 CommissionerKristenRosen Gonzalez 1213112018 CommissionerMichaelGrieco 1213112018 CommissionerRickyArriola FS.218.391 FS.218.391 FS.2't8.391 FS.218.391 FS.218.391 FS.218.391 FS.2'18.391 Applicants Deede Weithorn Richard Comisky Applicants michaelweil Tuesday, January 03, 2017 Page 592 ot757 5of50523 Boards and Committees Current Members Composition: The City of Miami Beach leases the property eastward of the erosion control line (ECL) from the State of Florida. This lease agreement requires the City to submit an updated land management plan every 10 years for the State's approval. The City's land management plan, also known as the City's Beachfront Management Plan, must outline the property's uses, management activities, and planned projects. ln accordance with Section 259.032(10) of the Florida Statutes, the City must create an advisory group of community stakeholders to review the updated Beachfront Management Plan and to provide comments. The advisory group shall include representatives of; the lead land managing agency, the co-managing entities, local private property owners, the appropriate soil and water conservation district, a local conservation organization, and a local elected official. The terms of the Beachfront Management Plan Ad-Hoc Advisory Group, pursuant to Resolution 2015-29009, shall commence June 1 ,2015 and expire on June 1,2016. At the April 15, 2015 City Commission meeting, the City Commission appointed Commissioner Michael Grieco as the local elected official to the ad-hoc advisory group. The other members of the ad-hoc advisory group shall be as follows: Representing the lead managing agency: .l)The City's Tourism, Cultural, and Economic Development Department Director, or his designee; 2) The City's Environment and Sustainability Division head, or her designee; 3) The City's Ocean Rescue Division Chief, or his designee. Representing Miami-Dade County, a co-managing agency: 1) An appointee of the County's Beach Operations program; and 2) An appointee of the County's Beach Re-nourishment program. Representing the State of Florida, a co-managing agency; -l) An appointee of the Florida Department of Environmental Protection's Coastal Construction Control Line Program. Representing local private propeny owners: 1) A member of the sustainability committee; 2) The chairman of the Marine Authority and Waterfront Protection Committee; and 3) An appointee of the Boucher Brothers. Representing the appropriate soil and water conservation district: 1) An appointee of the South Dade Soil and Water Conservation District, Representing a local conservation organization: 1) Urban Conservation Director at The Nature Conservancy. Expires on May 31,2017. *All appointments made pursuant to Resolution 2016-29407 City Liaison: Elizabeth Wheaton Beachfront Management Plan Ad-Hoc Advisory Group FS 5259.032(B)(b)/Reso 2016- 29401 t201s-29009 05t31t2017 Vacancy: Vacant Vacant Memberc: South Dade Soil & Water Conservation District * Marine Authority & Waterfront 0513112017 Protection Commiftee Chairman * First Name Last Name Positiory'Title:Term Ends:Appointed by:Term Limit: Greg Vanessa Elizabeth Vincent Steve Guannel TL Williams TL Wheaton TL Canosa TL Boucher TL The Nature Conservancy Urban Conservation Director * Tourism, Culture & Economic Development Director * Environment & Sustainability Division Head or designee * Ocean Rescue Division Chief * Boucher Brothers appointee * 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 05t31t2017 6of5ATuesday, January 03, 2A17 Page 593 of757 524 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Sean Leather TL Miami-Dade County's Beach A\l31lz}fi \St31tZAfi Operations Program * Lisa Spadafina TL Miami-Dade County's Beach 0513112011 O5t31t2}tl Renourishment Program * Christian Lambright TL FLA Dept./Env. Protection's AsB1nAfi 05t31t2017 Coastal Construction Control Line * Michael Grieco TL Local Elected official * 05t31t2017 O5t31ta0tl Steve VincentiTL Sustainability Committee A5rc112017 05t31t2017 Member * Tuesday, January 03, 2A17 Page 594 of757 7of50525 '.' Boards and Committees Current Members Board of Adjustment Composition: Two (2) year lerm. Appointed by a 5/7th vote RSA l-2 Sec 1 1B-131 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Ceftified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a 5l7th vote of the City Commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. City Liaison: Michael Belush Appointments To Be Made: Noah Fox Richard Segal Members: Real Estate Developer Law 1213112016 CityCommission 1213112016 CityCommission 12t31t2018 12t31t2021 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Barton Daniel Heidi James Richard Goldberg Nagler Tandy Orlowsky Baron Financial Advisor General Business At-Large CPA At-Large 1213112017 CityCommission 1213112011 CityCommission 1213112017 CityCommission 1213112017 CityCommission 1213112018 CityCommission 12t31t2019 12t31t2021 12t31t2019 12t31t2021 12t31t2A21 Applicants Aaron Davis Bradley Colmer David Wieder Frank DelVecchio Gregg Chislett Jack Benveniste Jared Galbut John Bowes Kristen Rosen Gonzalez Lawrence Seitz Muayad Abbas Ray Breslin Richard Segal Seth Frohlich Applicants Andres Asion Brian Ehrlich Deborah Castillo Gabriel Paez lan Bacheikov James Silvers Jeff Cynamon Kathleen Phang Lawrence Seitz Mark Alhadeff Nelson Fox Ray Breslin Roberta Gould Victor Ballestas Tuesday, January 03, 2017 Page 595 of757 8of50526 Boards and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7)direct appointments with Mayor and each Commissioner making one (1)appointment Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. City Liaison: Cintya G. Ramos Vacancy: Vacant Members: CPA 1213112016 CityCommission First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Brian Harris FinancialAdvisor Carl Linder Jonathan Beloff Jonathan Fryd Joseph Landesman Ronald Starkman Chair Steve Zuckerman Susan Rosenthal 1213112018 CityCommission 12t31t2019 1213112017 CommissionerMichaelGrieco 12131t2023 1213112017 Commissioner Joy Malakoff 1213112023 1213112011 Mayor Philip Levine 1213112022 1213112017 CommissionerKristenRosen 12t31t2023 Gonzalez 1213112018 CommissionerMickySteinberg 1213112021 1213112018 Commissioner Ricky Arriola 1213112023 1213112017 Commissioner John Alemdn 1213112023 Applicants Applicants Beth Emerson Brett Harris Bryan Rosenfeld Dwight Kraai Elliott Richard Alhadeff Gia Kastetic Guy Simani Jason Witrock John Bowes Joseph Landesman Lisett Fernandez Marc Gidney Mario Coryell Mark Samuelian MENDEL FELLIG Michaet Levine Mirta Limonta Noah Fox Noah Fox Rachel Schuster Regina Suarez Richard Comisky Robert Schwartz Stephen Zack Tuesday, January 03, 2017 Page 596 of757 9of50527 . 'a Boards and Committees Current Members Committee for Quality Education in Miami Beach Sec.2-190.134 Composition: The Committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher K-B Center, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center, Treasure lsland Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the Mayor and City Commissioners with no more than three who can be employed or contracted by Miami-Dade County public schools. The City Commission shalldesignate two (2)of its members to serve as City Commission liaisons, who shall repon to the City Commission actions of the Committee for Quality Education. The City Manager shall furlher designate a member of City staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Dr. Leslie Rosenfeld Vacancy: To replace Kayla Rynor PTA Rep.- Miami Beach Sr. 06/30/20'16 High School06.30.15 Members: First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Damond Neely PTA Rep. -Treasure lsland AOB0|2017 Elementary 06.30.14 Jessica Rivero PTA Rep. - Biscayne 06t30t2017 Elementary 06.30.14 Betsy Mateu 1213112018 Mayor Philip Levine 1213112021 lvan Alvarez PTA Rep.-Feinberg Fisher K-B 06t3012011 06.30.15 John Alemdn City Commission Designee '1113012019 City Commission Jordan Leonard PTA Rep. - Ruth K. Broad K-8 06t30t2017 06.30.15 11/30/2019 Joshua Levy Judith Berson- Levinson Karen Edelstein Stewart Turner Tiffany Heckler Yvette Tache Micky Steinberg City Commission Designee 1113012017 City Commission 12131n418 CommissionerRickyArriola 1213112023 1213112018 CommissionerJoyMalakoff 1213112021 1213112017 CommissionerMickySteinberg 1213112023 1213112018 CommissionerMichaelGrieco 1213112023 1213112017 Commissioner John Alem5n 1213112A23 123112017 CommissionerKristenRosen 1213112023 Gonzalez Beth Edwards PTA Representative-Nautilus 06t30t2017 Middle School06.30.15 Beverly Heller PTA Rep. -North Beach 06t30t2017 Elementary School 06.30.1 5t"'" t'0"' EII:;g;:$[ ?3'"u out3ot2o17 Tuesday, January 03, 2017 10 of 50528 Applicants Elisa Leone Enid Rodriguez Hicham Moujahid lvan Montes Janet Horwitz Kayla Rynor Kristen Rosen Gonzalez Marjorie York Melissa Sheppard-Broad Peter Matos Tashaunda Washington Applicants Elsa Orlandini Eric Montes de Oca lvan Montes lvette Birba Jessica Burns Keren Bajaroff Lynette Long Mary Keinath Pamela Brumer Rosa Neely Wendy Unger Tuesday, January 03, 2017 Page 598 of757 11 of 50529 ' ' ., .,' \ .... Boards and Committees Current Members Committee on the Homeless Composition: The Committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1) member. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following. ('1) Service Providers: a. Douglas Gardens Community Mental Health. b. The Salvation Army. c. Better Way of Miami. d. Miami-Dade County Homeless Trust. (2) Civic Representation: a. Neighborhood, business, or homeowner association in an area of the City impacted by homeless issues. b. A not-for-profit 501(c)(3) organization that promotes the health and welfare of homeless individuals. c. Member of the general public with personal or professional experience with homeless issues. The supporting depaftment of the committee is the office of Housing and Community Services with the Police Depanment as a co-liaison to the committee. City Liaison: Alba Tarre Sec.2-161 1213112016 CommissionerMickySteinberg 1213112021 1213112016 Mayor Philip Levine 1213112A16 Vacancy: To replace Freddy Funes To replace Gail Harris Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Marcella Calvin Christina Debra Dona Lori Valerie Paz Cohen Kohli LaBuzetta Schwartz Zemo Bakkum Navarrete 1213112017 CommissionerKristenRosen Gonzalez 1213112018 CommissionerJoyMalakoff 1213112018 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112017 CommissionerRickyArriola 1213112017 CommissionerMichaelGrieco 1213112017 CommissionerJohnAlemiin 12t31t2023 12t31t2022 12t31t2024 12t31t2021 12t31t2023 12t31t2023 12t31t2022 Applicants Dale Gratz Deborah Robins Freddy Funes Lior Leser LuzDiaz Marina Aviles Monica Casanova Patricia Valderrama Rocio Sullivan Stanley Shapiro Zeiven Beitchman Tuesday, January 03, 2017 Applicants Darren Cefalu Eda Valero-Figueira Helen Swartz Lourdes Oroza MaguiBenitez Mark Wylie Muayad Abbas Robert Gonzalez Rosalie Pincus Stephanie Berman Page 599 of757 12 of 50530 Boards and Committees Current Members a , : Convention Center Advisory Board Sec. 2-46 Composition: The Board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non- voting ex-officio member. The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non-voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City Manager's office shallserve as non-voting ex-officio members. City Liaison: Vanessa Williams Members: First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Andres Asion Brian Gilderman Elizabeth Resnick Laurence Herrup Lior Leser Michael Goldberg Peter Matos Ita Moriarty Ex-officio, GMCVB Admin. Rep. Joshua Levy Ex-officio, Chair Bd. Dir. MBCC Matt Hollander Ex-officio, Globalspectrum Admin. Rep. 1213112017 CommissionerMickySteinberg 12t31t2023 1213112018 Mayor Philip Levine 12t31t2022 1213112011 CommissionerKristenRosen 12t31t2020 Gonzalez 1213112017 Commissioner Joy Malakoff 12t31t2023 1213112017 CommissionerJohnAlem5n 12t31DA23 1213112016 CommissionerMichaelGrieco 12t31t2021 1213112018 CommissionerRickyArriola 12t31t2023 Applicants Adam Kravitz Carl Linder David Kahn Howard Weiss Jared Galbut John Bowes Keren Bajaroff Lawrence Raab Leslie Coller Mark Wohl Mendy Lieberman Nawaz Gilani Victor Ballestas Applicants Barbara Gotlinsky Carl Linder Gayle Durham James Weingarten John Lee Karen Brown Laurence Moser Lee Zimmerman lior leser Mark Wylie Michael Bernstein Tiva Leser Tuesday, January 03, 2017 Page 600 of757 13 of 50531 Boards and Committees Current Members CulturalArts Council Composition: The cultural arts council shall consist of eleven (11) members to be appointed at-large by a majority vote of the mayor and city commission. The term of office for each member shall be three (3) years. No Council member may serve more than six consecutive years; this provision shall be measured retroactively from the date of the initial appointments to the Council. No Council member who serves the maximum proscribed term limitations shall be appointed to the Council during the two year period following the expiration of his/her term. City Liaison: Brandi Reddick Appointments To Be Made: lsrael Sands Members: 1213112016 CityCommission 12t31t2020 Sec. 2-55 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Britta Charles Dale Dawn Laurence Merle Peter Roger Samuel Susan Hanson Million TL Gratz McCall Moser Weiss TL Martin Baumann Rabin, Jr. Schemer 1213112011 CityCommission 1213112017 CityCommission 1213112019 CityCommission 1213112019 CityCommission 1213112017 CityCommission 1213112017 CityCommission 1213112017 CityCommission 1213112011 CityCommission 1213112019 CityCommission 1213112019 CityCommission 12t3112021 12t31t2017 12t31t2024 42t11t2020 12t31t2021 12t31t2017 12t31t2021 12t31t2021 12t31t2020 12t31t2419 Applicants Adriana Pampanas Andrew Nelson Calvin Kohli Eleanor Ellix Elliott Richard Alhadeff lsraelSands Jackson Keddell Jenna Ward JillShockett Kara White Kevin Kelsick Marian DelVecchio MichaelMcManus Otiss (Arah) Lester Ray Breslin Sarah Leddick Suely Suchodolski Vanessa Menkes Applicants Allee Newhoff Beth Emerson Dr. DanielNixon Eliane Soffer-Siegel Eugenio Cabreja lvan Montes Janda Wetherington Jessica Conn Joanna Popper Kenneth Wilcox Lynette Long Mark Balzli Monica Matteo-Salinas Pedro Menocal Ray Breslin Seth Feuer Thomas Musca Wesley Castellanos Page 601 of757 Tuesday, January 03, 2017 14 of 50532 Boards and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members shall consist of: 1. Two architects registered in the United States; Sec. 118-71 2. An architect registered in the State of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the State, with practical or academic expertise in the field of design, planning, historic preservation or the history of archiiecture, or a professional practicing in the fields of architectural design, or urban planning; 3. One landscape architect registered in the State of Florida; 4. One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5. Two citizens at-large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director or designee, and the City Attorney or designee, shall serve in an advisory capacity. Residency and or place of business in the county. The two (2) citizens at-large members, one of the registered landscape architects, registered architects, professional designers and/or professional urban planners shall be residents of the City. City Liaison: Deborah Tackett Appointments To Be Made: Kathleen Phang MichaelSteffens Vacancy: Vacant To replace Carol Housen Members: Attorney (4) Registered Architect (2) Ex-Off icio/Disabil ity Access Committee At-large (5) City Commission City Commission City Manager Jimmy L. Morales City Commission 12t31t2016 12t31t2016 12t31t2016 12t31t2016 12t31t2019 12t31t2020 12t31t2016 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Annabel Deena Elizabeth John Thomas Eve Delgado- Harrington Bell Camargo Turchin Mooney Boutsis 12t31t2017 12t31t2017 12t31t2A17 12t31t2017 City Commission City Commission City Commission City Commission 12t31t2019 12t31t2020 12t31t2019 12t31t2019 Registered Architect ( 1 ) Landscape Architect (3) Registered Architect (1 ) ArLarge (5) Advisory/Planning Dept. Director Advisory/City Attorney Designee Applicants Andres Asion Bradley Colmer Bryan Rosenfeld Clotilde Luce David Kahn Deborah Castillo Frank Kruszewski Tuesday, January 03, Applicants Alexander Orlofsky Andres Asion Brian Ehrlich Carol Housen Daniel Hertzberg David Smith Francinelee Hand 2017 greqory selph Page 602 of7l7 " 15 of 50533 Jack Finglass Jean-Francois Lejeune Joseph Furst Lawrence Seitz Manuel (Mickey) Minagorri Maruin Weinstein Michael Steffens Neal Deputy Richard Hall Ruben Conitzer Stacy Kilroy Terry Bienstock Victor Ballestas Jamie Straz Jeffrey Cohen Kirk Paskal Lawrence Seitz Marina Novaes Matthew Krieger Michael Barrineau Nelson Fox Richard Baron Seth Frohlich Suzanne Hollander Victor Morales Tuesday, January 03, 2A17 Page 603 of757 16 of 50534 Boards and Committees Current Members Disability Access Committee Sec. 2-31 Composition: The disability access committee shall be composed of 14 voting members; the mayor and each city commissioner shall make two direct appointments. A quorum shall consist of eight members. Formal action of the board shall require at least eight votes. Consideration shall be given, but not be limited to, the following categories: Persons having mobility impairment; Deaf and/or hard-of-hearing persons in the community; Blind and/or vision-impaired persons in the community; Mental, cognitive or developmental disabilities; and The industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The city attorney's office shall provide legal counsel. City Liaison: Valeria Mejia Vacancy: To replace Wendy Unger Members: 1213112016 Mayor Philip Levine 12t31t2016 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Danielle Eddie Elsa Gloria Helen Lawrence Michael Nancy Oliver Roger Russell Sabrina Susana Klahr Sierra Orlandini Salom Swartz Fuller Bernstein Soler-Rammos Stern Abramson Hartstein Cohen TL Maroder- Rivera 12t31t2418 12t31t2011 12t31t2016 12t31t2018 12t31t2017 12t31t2017 12t31t2017 12t31t2417 12t31t2018 12t31t2417 12t31t2011 12t31t2017 12t31t2016 12t31t2024 12t31t2023 12t31t2021 12t3112023 12t31t2018 12t31t2021 12t31t2023 12t31t2023 12t31t2421 12t31t2023 12t31t2019 12t31t2017 12t31t2019 Commissioner Joy Malakoff Commissioner John Alemiin Commissioner Michael Grieco Commissioner Kristen Rosen Gonzalez Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Ricky Arriola Commissioner John Alemdn Commissioner Michael Grieco Commissioner Kristen Rosen Gonzalez Mayor Philip Levine Commissioner Ricky Arriola Commissioner Micky Steinberg Applicants Britta Hanson David McCauley Jarred Reiling RafaelTrevino Applicants David New Jared Plitt Maria Koller Zachary Cohen Tuesday, January 03, 2017 Page 604 ot757 17 of 50535 Boards and Committees Current Members Health Advisory Committee Sec. 2-8'1 Composition: Eleven (11) voting members appointed by the City Commission at-large upon recommendations of the City Manager; One (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sinai Medical Center; One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee administrator: Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facitiry (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians; Two (2) members shall be consumers consisting of: 1. One (1) individual from the corporate level and; 2. One ('1) private individual; One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex-officio member of the board. City Liaison: Sonia Bridges Appointments To Be Made: Marisel Losa Mark Rabinowitz Steven Sonenreich Vacancy: To replace Anthony Japour ACLF To replace Stacey Kruger Physician To replace Todd Narson Health Provider To replace Rachel Schuster ACLF Members: Ex-Officio,Miami-DadeCounty 1213112016 CityCommission Health Department CEO, MiamiBeach Community 1213112016 City Commission Health CEO, Mt. Sinai MedicalCenter 1213112016 City Commission (NrL) 1213112016 CityCommission 1213112016 CityCommission 1213112016 CityCommission 1213112016 CityCommission 12t31t2020 12t31t2016 12t31t2016 12t31t2016 12t31t2016 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Francois Alan Jeremy Karen Richard Richard Maria Betancourt Nieder Green Rivo Cuello-Fuentes Awdeh Ruiz 12t31t2018 1231t2017 12t31t2017 12!31t2017 12t31t2417 12t31t2017 City Commission City Commission City Commission City Commission City Commission 12t31t2021 12t31t2019 12t31t2021 12t31t2022 12t31t2020 Ex-Officio Fire Rescue Department Private lndividual Physician Nursing Profession Physician Corporate lndividual Ex-Officio, Director of Children's Affairs Applicants Anthony Japour Craig Garmendia Janie Hayes Kara White Mark Rabinowitz Maura Shiffman Tuesday, January 03, Applicants Christine Butler David Berger Jared Plitt MariselLosa Mark Rabinowitz 2017 Page 605 or r$fichael Hall 18 of 50536 Scon Bader Todd Narson Sixto Acea Zachary Cohen Tuesday, January 03, 2A17 Page 606 of757 19 of 50537 .. Boards and Committees Current Members Health Facilities Authority Board Sec. 2-1 1 1 Composition: Four (4) year terms. Five (5) members shall consist of: Two (2) health providers; One (1) individual in the field of general business who possesses good standing in the community: one (1) accountant; and One (1) attorney; The Chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of rhe city. Florida statute 154.207 No term Limits. City Liaison: Allison Williams Appointments To Be Made: Mark Sinnreich Health Provider Members: 06/19/20'16 CityCommission First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Arthur Unger Accountant Michael Hall Health Provider Robert Hertzberg Attorney Sidney Goldin General Business 0611912020 CityCommission 06/19/2018 CityCommission 0611912017 City Commission 06/19/20'lB CityCommission FS.154.207 FS.154.207 FS.154.207 FS.154.207 FS.154.207Steven Sonenreich Chairperson, Health Advisory 1213112016 Board Applicants Alan Nieder Dr. David Farcy Mark Sinnreich Rachel Schuster Rosalie Pincus Applicants Allison Stone Elsa Orlandini Pilar Carvajal Richa rd Cuello-Fuentes Zachary Cohen Tuesday, January 03, 2017 Page 607 of757 20 of 50538 Boards and Committees Current Members Hispanic Affairs Committee sec' 2-190 21 Composition: The Committee shallconsist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment City Liaison: Katherine Gonzalez Vacancy: To replace Christina LaBuzetta Members: 1213112016 Mayor Philip Levine 1213112021 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Alex Fernandez Ana Cecilia Velasco Heriberto Sosa (Herb) Luz Diaz Miguel Brizuela Regina Suarez 1213112017 CommissionerKristenRosen 1213112021 Gonzalez 1213112016 CommissionerMichaelGrieco 1213112021 1213112A16 Commissioner John Alemdn 1213112023 1213112017 CommissionerRickyArriola 1213112023 1213112017 CommissionerMickySteinberg 1213112023 1213112017 CommissionerJoyMalakoff 12!3112023 Applicants Appticants Antonio Purrinos antonio giovane David Cardenas Eneida Mena lsrael Sands Josephine pampanas Leonor Fernandez Rafael Trevino Sixto Acea Wil Martinez Tuesday, January 03, 2017 Page 608 of757 21 of 50539 .: , Boards and Committees Current Members Historic Preservation Board Composition: Two (2) year term, appointed by a minimum of four (4) votes. Seven (7) members with one member from each of the following categories: Sec. 1 .lB-'101 1. A representative from the Miami Design Preservation League (MDPL) selected from three names nominated by the League; 2. A representative from Dade Heritage Trust (DHT) selected from three names nominated by the Trust; 3. Two at-large members who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings; 4. An architect registered in the State of Florida with practical experience in the rehabilitation of historic structures; 5. An architect registered in the United States, a landscape architect registered in the State of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the State of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation, 6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty members of the Board, shall be residents of the City; however, the City Commission may waive this requirement by a 5llth vote, in the event a person not meeting these residency iequirements is available to serve on the Board and is exceptionally qualified by training andlor experience in historic preseruation matters. City Liaison: Deborah Tackett Appointments To Be Made: Scott Needelman MDPL Members: 1213112016 CityCommission 12t31/2020 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Jack John Kirk Nancy Stevan wyn Finglass Stuart Paskal Liebman Pardo Bradley At Large/Resided in One of the City's Historic District at Least 1 Yr Registered Architect Dade Heritage At Large/Resided in One of the City's Historic District at Least 1 Yr Attorney Faculty Member City Commission City Commission City Commission City Commission City Commission City Commission 12t31t2017 12t31t2017 12t31t2A18 12t31t2018 12!3112017 12t31t2017 12131t2021 12t31/2019 12!31t2022 12t31t2022 12t31t2021 12t31t2019 Applicants Andrew Nelson Bradley Colmer Dominique Bailleul Elizabeth Camargo Jane Gross Jeffrey Cohen Kathleen Phang Lawrence Seitz Mark Alhadeff Michael Barrineau Morris Sunshine Raymond Adrian Tuesday, January 03, 2017 Applicants Bradford Bonessi Deborah Castillo Dona Zemo Gregg Chislett Jean-Francois Lejeune Jennifer Lampert Lawrence Seitz Marina Novaes Mendy Lieberman MichaelSteffens Neal Deputy Page 609 of 7#ger Baumann 22 of 50540 Sarriuel Rabin, Jr Stephen Sauls William Lane Scott Needelman Stevan Pardo Tuesday, January 03, 2017 Page 610 o1757 23 of 50541 Boards and Committees Current Members Housing Authority Reso 7031 421.05 FS Composition: Four year appointment. Five (5) members appointed by the Mayor. Appointments must be confirmed by the City Commission. At least one (1) member shall be a resident who is current in rent in a housing project, or a person of low or very low income who resides within the Housing Authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the Housing Authority. which member shall be appointed at the time a vacancy exists. City Liaison: Maria Ruiz Vacancy: To replace Eugenio Cabreja Tenant Commissioner 1011112016 Mayor Philip Levine To replace Peter Chevalier Housing Authority Commissioner To replace David Greeff Housing Authority Commissioner Members: 1011112015 Mayor Philip Levine 101111?016 Mayor Philip Levine First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Dr. Barry Ragone Housing Authority 1011112017 Mayor Philip Levine Commissioner Leonor Fernandez Housing Authority 1011112017 Mayor Philip Levine Commissioner Applicants Barbara Gotlinsky David Greeff Peter Chevalier Prakash Kumar Xavier Gonzalez-Sanfeliu Applicans Christina LaBuzetta Jay Dermer Pilar Carvajal Stephen Bernstein Tuesday, January A3, 2017 Page 61 1 ot 757 24 of 50542 Boards and Committees Current Members Human Rights Committee Sec. 62-34 Composition: The Committee shall consist of a minimum of five (5) and a maximum of eleven ('l 1) members, with one (1) out of every five (5) members to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the Committee, the City Manager shall solicit nominations from as many public service groups and other sources, which helshe deems appropriate, as possible. At least one (1) of the Committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as Chair of the Committee. City Liaison: Marcia Monserrat Appointments To Be Made: Monica Harvey Rachel Umlas Amy Rabin Vacancy: To replace Alan Fishman Law Members: 12t31t2016 12t31t2016 12t31t2016 12t31t2016 City Commission City Commission City Commission City Commission 12t31t2018 12t31t2018 12t31t2019 12t31t24rc First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Bradley Clare Darren Francinelee lvan Kenny William Ugent McCord Cefalu Hand Cano Swartz Warren Jr. 1213112017 CityCommission 1213112017 City Commission 1213112016 Mayor Philip Levine 1213112018 CityCommission 1213112017 CityCommission 1213112017 Mayor Philip Levine 1213112017 CityCommission 12t31t2018 12t31t2021 12t31t2022 12t31t2022 12t31t2419 12t31t2023 12t31t2019 Applicants Adriana Pampanas Christine Butler Dr. Andrew Nullman Gia Kastelic lvan Montes Jay Dermer Jessica Conn Lisa Almy Monica Harvey Rafael Leonor Scott Bader Tony Lima Applicans Andrea Travaglia David Mardini Elizabeth DiBernardo Hicham Moujahid Jarred Reiling Jesse Fleet Kenneth Wilcox Michael Levine RachelUmlas Robin Schwartz Stephen Fox, Jr. Walker Burttschell Tuesday, January 03, 2017 Page 612 of 757 25 of 50543 Boards and Committees Current Members LGBT Advisory Committee Sec.2-190.144 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at-large by a majority vote of the City Commission. City Liaison: Morgan Goldberg Members: First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Craig Dale David David Edison Elizabeth Gayle George Jorge Lynare Mark Michael Robin Stephen Tony Garmendia Stine Lancz Leeds Farrow Schwartz Durham Neary Richa TL Robbins Wylie Bath Schwartz Fox, Jr. Lima 12t31t2418 12t31t2018 12t31t2011 12t31t2018 12t31t2017 12t31t2016 12t31t2017 12t31t2018 12t31t2017 12t31t2017 12t31t2011 12t31t2018 12t31t2017 12t31t2017 Commissioner Ricky Arriola Commissioner Joy Malakoff Commissioner Kristen Rosen Gonzalez Mayor Philip Levine Commissioner Micky Steinberg Commissioner Joy Malakoff Commissioner Michael Grieco Commissioner Michael Grieco Mayor Philip Levine Commissioner Ricky Arriola Mayor Philip Levine Commissioner Micky Steinberg Commissioner John Alem5n Commissioner Kristen Rosen Gonzalez 12t31t2423 12t31t2018 12t31t2023 12t31t2A21 12t31t2023 12t31t2021 12t31t2022 12t31t2424 12t31t2017 12t31t2023 12t31t2021 12t31t2018 12t31t2022 12t31t2023 12t31t20231213112016 CommissionerJohnAlemdn Applicants Craig Smith Heriberto (Herb) Sosa Karen Brown Laura Veitia Nelida Barrios RafaelTrevino Robert Gonzalez Ronald Wolff Walker Burttschell Applicants Eric Hirsch Jarred Reiling Kenneth Wilcox Laurence Moser Otiss (Arah) Lester Rebecca Boyce Ronald Wolff Steven Adkins Tuesday, January 03, 2017 Page 613 of757 26 of 50544 t?, Boards and Committees Current Members Marine and Waterfront Protection Authority Sec. 2-190.46 Composition: The Marine and Waterfront Protection Authority shall consist of fourteen ('14) voting mernbers, who shall be direct appointments with the Mayor and City Commissioners, each having two (2)direct appointments. Appointments to the Authority shall consist of a combination of individuals who have had previous experience in: 1. The operation or inspection of marine facilities, including experience in various types of marine vessels and boating activities; and/or 2. Who have an interest in preservation of the City's beaches and watedronts. The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical or other information pertaining to the matters before them. City Liaison; Mercedes Carcasses Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Barbara Caitlin Christian David Jayson Joel John Lourdes Morris Robert Robert Robert Ronald Sasha Sgt. Luis Herskowitz Pomerance De La lglesia Mardini Weisz Aberbach Lee Oroza Sunshine Schwafiz Rabinowitz Christoph, Jr. Shane Boulanger Sanchez ex-officio MB Marine Patrol Commissioner Micky Steinberg Commissioner Ricky Arriola Commissioner Micky Steinberg Mayor Philip Levine Mayor Philip Levine Commissioner Ricky Arriola Commissioner John Alem5n Commissioner Kristen Rosen Gonzalez Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Gonzalez Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner John Alem6n 12t31t2017 12t31t2017 12t31t2016 12t31t2018 12t31t2017 12t31t2018 12t31/2017 12t31t2017 12t31t2018 12t31t2016 12t31t2017 1231t2018 12t31t2017 12t31t2016 12t31t2021 12t31t2023 12t31t2022 12t31t2024 12t31t2023 12t31t2023 12t31t2023 12t31t2023 12t31t2021 12t31t2021 12131t2023 12t31t2022 12t31t2021 12t31t2018 Applicants Adrian Gonzalez Bruce Bennett Darren Cefalu Gloria Salom lsaiah Mosley Jennifer Lampert Julio Magrisso Lizette Lopez Manon "Marie" Hernandez Mayela Mueller MichaelTenzer Michael Levine Tuesday, January 03, 2017 Applicants Albert Parron Carolina Jones Eric Lawrence gregory selph Jack Benveniste John Kanter lior leser LuzDiaz Maurice Goodbeer MerylWolfson MichaelRitger MichaelHall Page 614 of757 27 of 50545 Richard Hall Stephen Bernstein Roben Rabinowitz Yael Sade Tuesday, January 03, 2A17 Page 615 of757 28 of 50546 Boards and Committees Current Members Mayor's Ad Hoc Blue Ribbon Steering Cmte. on the Convention Ctr. Hotel Composition: Sec. 2-23(b) t Sec. 2^21 (b)(2) The Mayor's Ad Hoc Blue Ribbon Steering Committee ("Committee") on the Convention Center Hotel is created pursuant to the Mayor's Authority to establish Mayor's boards and committees under section 2-23 of the city code. The committee shall have the purpose of openly and fairly engaging the community in the development of a plan to build a Convention Center Hotel that will meet the needs of the community and the newly expanded Convention Center. The Committee shall consist of seven (7) members. The Mayor has appointed Commissioner Ricky Arriola to serve as Chair of the Committee and Commissioner Kristen Rosen Gonzalez to serve as Vice-Chair. The Mayor shall appoint one additional member to the Committee and authorizes the City Commissioners not appointed to the Committee to make a direct appointment to the Committee. Direct appointments shall be individuals who have been residents in the City for a minimum of six (6) months. The Committee shall have the following powers and duties:'1. Report to the Mayor and City Commission; 2. Meet as requested by the Chair for the purpose of: a) Obtaining input and feedback from the public (residents, propeny owners, business owners, and visitors) regarding the needs for the Convention Center Hotel; b) Disseminating information at its meetings on behalf of the City to the public (residents, propeny owners, business owners, and visitors) regarding the needs for the Convention Center Hotel; 3. Meet directly with City Staff, as needed; 4. Obtain secretarial and such other staff support as the committee may require. The supporting department of the committee is the Office of the City Manager, and the City Manager shall designate such individuals from the City Administration who shalt atso have the responsibility of working with Committee and whose duties shall include, without limitation, providing assistance, noticing meetings, preparing meeting agendas, and keeping minutes. 5. Consult with and obtain legal services from the City Attorney's Office, as needed; and 6. Provide recommendations to the Mayor and City Commission regarding the priorities for the plan to build a Convention Center Hotel. Committee member terms shall commence on May 1, 2016 for a period of four months and shall expire on September 1, 2016. At the discretion of the Mayor, the Committee, and the terms of membership thereon, may be extended up to an additional eight months through and including April 30,2017. City Liaison: Jeff Oris Memberc: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Ricky Kristen Debra Jorge Leslie Paul Saul Arriola TL Rosen Gonzalez TL Leibowitz TL Exposito TL Tobin TL Freeman TL Gross TL Chair Vice-Chair 04130t2017 04t30t2017 04130t2017 04t30t2017 04t30t2017 04t30t2017 04t30t2017 Mayor Philip Levine Mayor Philip Levine Commissioner Michael Grieco Mayor Philip Levine Commissioner Micky Steinberg Commissioner Joy Malakoff Commissioner John Alem6n 04t30t2417 04t30t2017 04t30t2017 04t30t2017 04t30t2017 04t30t2017 04t30t2017 Tuesday, January 03, 2017 Page 616 of757 29 of 50547 ,1 Boards and Committees Current Members Mayor's Blue Ribbon Panelon Sea Level Rise Sec. 2-23(b) t Sec. 2-21 (b)(2) Composition: The Mayor's Blue Ribbon Panel on Sea Level Rise is created pursuant to the Mayor's authority to establish blue ribbon panels under Section 2-23 (b) of the City Code. The purpose of the Panel is to continue to monitor the progress of the City's stormwater management program and comprehensive flood management plan. ln order to complement the flood management program, the Panel is additionally tasked with the following: To study and recommend options pertaining to urban design and historic preservation in the face of climate change; To evaluate and make recommendations related to current floor to area ratio (FAR) and building heights in light of the need for climate adaptation and for the resiliency of the City of Miami Beach; To provide resident and business subject matter expertise and input into the development of the citywide Resiliency Strategy; To study and recommend options for green infrastructure solutions in addition to traditional grey infrastructure investments. The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1) year. The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor. City Liaison: Bruce Mowry Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Scott Michael wyn Robins TL De FilippiTL Bradley TL 41t06t2011 01t06t2417 01t06t2017 Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine 01t06t2017 01t06t2017 01t06t2017 Tuesday, January 03, 2A17 Pag:e 617 of 757 30 of 50548 Boards and Committees Current Members Mayor's Ocean Drive Task Force Sec. 2-23(b) t Sec.2-2t(b)(2) Composition: The Mayor's Ocean Drive Task Force (the "Task Force") is hereby created pursuant to the Mayor's authority to establish Mayor's boards and committees under section 2-21(b)(2) of the City Code. The Task Force will serve as an advisory group to the Mayor and City Commission during the implementation of recommendations outlined in the Ocean Drive Task Force's Final Report, dated January 13,2016, as approved by the Mayor and City Commission on March 9, 2016. The Task Force shall consist of no more than nine (9) members, all of whom shall be appointed by the Mayor. One member shall have an alternate who may attend a meeting in the member's place, should the member be unable to attend. All of the members, including the alternate, shall be appointed by the Mayor to serve for a term of not more than one ('1) year. City Liaison: Susanne Torriente Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Jonathan Steve Frank Alessandro Jeffrey Jonathan Joyce Mitch Reagan Ricardo Plutzik TL Boucher TL Amadeo TL TonarelliTL Feldman TL Bennett TL Garret TL Novick TL Pace TL Dopico TL Chair Alternate 03t29t2011 03t29t2017 03t29t2011 03t29t2017 03t29t2017 03t2u2417 03t29t2017 03t29t2017 03t29t2017 03t29t2017 Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine 03t29t2011 4u29t2017 03t29t2017 03t2912017 03t29t2017 03t29t2017 03t29t2017 03t29t2017 03t29t2017 03t29t2017 Tuesday, January 03, 2017 Page 618 of757 31 of 50549 Boards and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21 ) members. Each of the seven (7) members of the City Commission shall appoint three (3) members City Liaison: David Zaret, Gloria Campos Members: Sec. 2-190.1 First Name Last Name Positior/Tltle:Term Ends: Appointed by:Term Limit: Adrienne Barbara Carrie Christine Corey Dara Debra (Debie) Jill Kathy Laurie Kaye Lizette Loretta Marjorie Melissa Mercedes Regina Sara Tiffany Tiva Veronica Wendy Krieger Kaufman Wiesenfeld Klingspor Narson Schoenwald Quade Shockett Andersen Davis Lopez Ciraldo . York Sheppard- Broad Carlson Berman TL Fuchs Lapciuc TL Leser Camacho- Krieger Unger 1213112018 CommissionerJoyMalakoff 1213112018 CommissionerRickyArriola 1213112016 CommissionerMichaelGrieco 1213112418 CommissionerMichaelGrieco 1213112011 CommissionerMickySteinberg 1213112011 CommissionerRickyArriola 1213112017 CommissionerMickySteinberg 1213112018 CommissionerJoyMalakoff 1213112017 CommissionerJohnAlemdn 1213112018 Mayor Philip Levine 1213112017 CommissionerMickySteinberg 1213112017 CommissionerKristenRosen Gonzalez 1213112018 CommissionerKristenRosen Gonzalez 1213112017 Mayor Philip Levine 1213112018 CommissionerMichaelGrieco 1213112017 Mayor Philip Levine 1213112017 CommissionerRickyArriola 1213112017 CommissionerKristenRosen Gonzalez 1213112017 CommissionerJohnAlemSn 1213112011 CommissionerJohnAlemSn 1213112018 CommissionerJoyMalakoff 12t31t2021 12t312423 12t31t2021 12t31t2023 12t31t2021 12t31t2023 12t31t2019 12t31t2022 12t31t2423 12t31t2021 12t31t2023 12t31t2023 12t31t2023 12t31t2023 12t31t2018 12t31t2017 12t31t2023 12t31t2017 12t31t2023 12t31t2023 12t31t2024 Applicants Adriana Pampanas Barbara Kaufman Bonnie Crabtree Dale Gratz Eda Valero-Figueira Helen Swartz Jessica Conn Joyce Garret Laura Levey Tuesday, January 03, 2017 Applicants Allee Newhoff Beth Butler Clare McCord Deborah Robins Eneida Mena Jennifer Lampert Joanna Popper Karen Rivo Lynare Robbins Page 619 of757 32 of 50550 Lynette Long Melissa Sheppard-Broad Monica Casanova Pan Rogers Rebecca Boyce Rocio Sullivan Sarah Leddick Suzan Speiser Tashaunda Washington Marina Aviles MerylWolfson Monica Matteo-Salinas Patricia Valderrama Robin Schwartz Samantha Bratter Sari Libbin Tamra Sheffman Tuesday, January 03, 2017 Page 620 ot757 33 of 50551 .,'\. , .. Boards and Committees Current Members Normandy Shores Local Government Neighborhood lmprovement Sec 34-1 75 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowners Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of three (3) members of the Executive Committee of the Normandy Shores Homeowners Association, as per Resolution No.97-22449 adopted July 2, 1997. City Liaison: Cintya G. Ramos Appointments To Be Made: John Bowes Brett Harris Carmen Browne Members: 1213112016 CityCommission 1213112016 CityCommission 1213112016 CityCommission 12t31t2018 12t31t2020 12t31t2A22 Applicants Brett Harris Gloria Salom John Bowes Applicants Carmen Browne Jamie Straz Lori Nieder Tuesday, January 03, 2017 Page621 of757 34 of 50552 Boards and Committees Current Members Parks and Recreational Facilities Board Sec. 2-'171 Composition: The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members. Seven (7) direct appointments made by the Mayor and each Commissioner. Six (6) at-large appointments as follows: Youth Center: Two (2) members having an affiliation with the City's youth centers, with one member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park Youth Center. Golf. Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf. Tennis: Two (2) members who have demonstrated a high degree of interest, parlicipation and/or expertise in the sport of tennis. Members of the board shall demonstrate interest in the City's parks and recreational facilities and programs through their own participation or the participation of a member of their immediate family. Consideration should also be given to individuals who have special knowledge or background related to the field of parks and recreation. City Liaison: Cynthia Casanova Appointments To Be Made: Chris Growald Tennis Members: 1213112016 CityCommission 12t31t2021 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Carolina Dana David Eliane Jenifer Jonathan Lee Lori Paul Robert Stephanie wit Jones Turken Berger Soffer-Siegel Caplan Groff TL Zimmerman Nieder Stein Gonzalez Rosen Martinez Scott Rakow Youth Center Tennis Golf No. Shore Park Youth Center Golf 1213112011 CommissionerMichaelGrieco 1213112017 CityCommission 1213112017 CityCommission 1213112017 CommissionerKristenRosen Gonzalez 1213112017 CityCommission 1213112017 CommissionerJohnAlemdn 1213112016 CommissionerJoyMalakoff 1213112017 CommissionerMickySteinberg 1213112418 Mayor Philip Levine 1213112018 CommissionerRickyArriola 1213112018 CityCommission 1213112018 CityCommission 12t31t2023 12t31t2019 12t31t2019 12t31t2023 12t31t2019 12t31t2017 12t31t2021 12t31t2021 12t31t2021 12t31t2423 12t31t2419 12t31t2021 Applicants Brett Harris Bruce Bennett Chris Growald DanielNagler Eneida Mena Isaiah Mosley Joseph Hagen Juan Cordero Lindsay Genet Mary Keinath Tuesday, January 03, 2017 Applicants Bruce Reich Caitlin Pomerance Christopher Todd Dara Schoenwald lan Bacheikov Jackson Keddell Joseph Conway Leslie Graff Mark Balzli Page 622ot zdferyl wolfson 35 of 50553 Mojdeh Khaghan Nawaz Gilani Suely Suchodolski Wesley Castellanos Nancy Bernstein Samuel Rabin, Jr Tiffany Heckler Tuesday, January 03, 2017 Page 623 of757 36 of 50554 Boards and Committees Current Members Personnel Board Composition: Ten (10) members appointed by a 5/7th vote: 1 . Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation; 2. Three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of rhe City and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department; Group ll shall consist of employees who are in clerical and executive positions; Group lll shall consist of all other employees, The Personnel Director is a non-voting member. City Liaison: Michael Smith Sec.2-190.66 Vacancy: To replace Mojdeh Khaghan Finance Members: 12t3112016 City Commission 12t31t2016 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: lsabel lvette Borrello Florencia Jimenez- Marcos Lori Gold Matthew Krieger Michael Barrineau Michael Smith Alex Bello Eduardo Carranza Evette Phillips Real Estate Managing Partner Education Marketing Attorney Human Resources Director Group I Group ll Group lll City Commission City Commission City Commission City Commission City Commission 12t31t2017 12t31t2018 12t31t2A18 12t31t2017 12t31t2017 01t31t2017 01t31t2019 07t31t2018 12t31t2019 12t31t2021 12t31t2018 12t31t2019 12t31t2021 Applicants Christine Butler Elsa Orlandini Mary Keinath Nancy Wolcott Applicants Eliane Soffer-Siegel Joseph Landesman Michael Perlmutter Richard Preira Tuesday, January 03, 2017 Page 624 of 757 37 of 50555 '., Boards and Committees Current Members Planning Board Composition: Two (2) year term appointed by a minimum of four (4) votes Sec. 1 1B-51 Seven (7) regular voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expenise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2. One developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States; 3. One attorney licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues; 4. One person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: a. Has earned a college degree in historic preservation; b. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or c. ls recognized by the city commission for contributions to historic preservation, education or planning; and 5. Three (3) persons who are citizens at-large or engaged in general business in the City. No person except a resident of the City, who has resided in the City for at least one year shall be eligible for appointment to the Planning Board. The City Commission may waive the residency requirements by a 5/7th vote in the event a person not meeting these requirements is available to serve on the Board and is exceptionally qualified by training and/or experience. City Liaison: Michael Belush Vacancy: To replace Roberto Rovira Members: Faculty of a School of Architecture (1) 12t31t2016 City Commission First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Jeffrey Mark Feldman Meland Brian Elias Daniel Veitia General Business (5) Historic Preservation (4) Developer (2) Attorney (3) General Business (5) General Business (5) 12t31t2A17 12t31t2018 12t31t2017 12t31t2017 12t31t2017 12t31t2018 City Commission City Commission City Commission City Commission City Commission City Commission 12t31t2019 12t31t2422 12t31t2019 12t31t2021 12t31t2019 12t31t2020 Randolph Gumenick Reagan Pace Applicants Aaron Davis Andres Asion Christine Florez David Kahn David Smith Frank Kruszewski Jack Johnson Jared Galbut Jonathan Fryd Madeleine Romanello MarkAlhadeff MichaelSteffens Nelson Fox Tuesday, January 03, 2017 Applicants Andres Asion Brian Ehrlich Daniel Hertzberg David Wieder Dominique Bailleul lan Bacheikov James Silvers Jeffrey Cohen Kirk Paskal Marina Novaes Marvin Weinstein Muayad Abbas Noah Fox Page 625 of757 38 of 50556 Richard Baron Robert Sena Roger Shields Seth Frohlich Robert Rabinowitz Roberlo Rovira Ruben Conitzer Suzanne Hollander Tuesday, January A3, 2017 Page 626 o'f 757 39 of 5O557 Boards and Committees Current Members Police/Citizens Relations Committee Composition: The Committee shall consist of fourleen ("14) voting members. The members shall be direct appointments with the Mayor and City Commissioners each making two (2) individual appointments. As per Sec. 2-190.40, the voting members of the Committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. Recommendation for appointment to all voting and nonvoting membership selected by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League Against Discrimination (S.A.L.A.D,); the League of United Latin American Citizens (L.U"L.A.C.); the Anti-Defamation League (A.D.L.); the Dade Action Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League of Women Voters and the other organizations deemed appropriate. City Liaison: Chief Daniel Oates Vacancy: Vacant Members: 1213112017 Mayor Philip Levine Sec. 2-190.36 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Adam Bruce Claire Daniel Harold Jack Meryl Michael Monica Pamela Richard Steven Suzan Kravitz Reich Warren Aronson Foster Benveniste Wolfson Perlmutter Fluke Brumer Hull Oppenheimer TL Speiser 12t31t2018 12t31t2011 12t31t2016 12t31t2016 12t31t2017 12t31t2011 12t31t2018 12t31t2018 12t31t2017 12t31t2018 12t31t2018 12t31t2017 12131t2017 12t3112023 12t31t2021 12t31t2021 12t31t2421 12t31t2023 12t31t2423 12131t2021 12t31t2020 12t31t2023 12t31t2023 12t31t2023 12t31t2017 12t31t2023 Commissioner Ricky Arriola Commissioner Micky Steinberg Commissioner Michael Grieco Commissioner Micky Steinberg Commissioner Kristen Rosen Gonzalez Commissioner Joy Malakoff Commissioner Joy Malakoff Commissioner Michael Grieco Mayor Philip Levine Commissioner Ricky Arriola Commissioner John AlemSn Commissioner John Alem5n Commissioner Kristen Rosen Gonzalez Applicants Alan Nieder Antonio Hernandez Jr. Brian Gilderman Clare McCord Eugenio Cabreja Frank Kruszewski Hicham Moujahid JillShockett Jordan Nadel Joyce Garret Kenny Swartz Lawrence Raab Tuesday, January 03, 2017 Applicants Allison Stone antonio giovane Christopher Todd Eric Lawrence Francis Trullenue Heather Davis lan Bacheikov John Kanter Joseph Hagen Juan Cordero Larry Colin Page627 of 7*fe Zimmerman tlO of 50558 Leif Bertrand Leslie Coller LoriGold Marjorie O'Neil l-Buttler Michael Ritger Nawaz Gilani Prakash Kumar Rafael Leonor Stephen Fox, Jr. Zeiven Beitchman Leslie Coller Lisett Fernandez Mario Coryell Melissa Sheppard-Broad Michael Bernstein Oren Reich Rachel Schuster Richard Preira Tiva Leser Tuesday, January 03, 2A17 Page 628 of757 41 of 50559 Boards and Committees Current Members Production lndustry Council Composition: Sec. 2-71 The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Members: First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Abdul Aleksandar Belkys Daniel Ellen Joanna-Rose Thomas Muhammad ll Stojanovic Nerey Davidson Marchman Kravitz Musca Fashion Production Production Fashion News Media Recording lndustry TVlFilm 12t31t2011 12t31t2018 12t31t2011 12t31t2018 12t31t2016 12t31t2017 12t31t2017 12t31t2023 12t31t2021 12t31t2018 12t31t2021 12t31t2022 12t31t2021 12t31t2023 Commissioner Ricky Arriola Mayor Philip Levine Commissioner John Alem5n Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Kristen Rosen Gonzalez Applicants Bruce Orosz Francis Trullenue Pamela Brumer Samantha Bratter Applicants Elizabeth DiBernardo Joseph Landesman Peter Matos Tuesday, January 03, 2017 Page 629 of757 42 of 50560 a Boards and Committees Current Members Resil iency Communications Committee Resolution No. 201 6-29585 Composition: The goals of the National Flood lnsurance Program (NFIP are to Provide flood insurance to property owners, to encourage flood loss reduction activities by communities, and to save taxpayers' money. The City of Miami Beach Participates in the NFIP and the Community Rating System (CRS). The CRS is a voluntary program that provides both incentives and tools to further these goals. Participation in the CRS saves residents money by reducing flood insurance premiums. Creating a Program for Public lnformation (PPl) will help provide activity points to improve the City's CRS score, reduce flood insurance premiums, and complement communications efforts for our Miami Beach Rising Above Resiliency Strategy The Program for Public information (PPl) must be developed by a PPI Committee according to a seven-step planning and public involvement process defined by Community Rating System Program. The purpose of this committee, which will be an ad hoc committee, is to serve as an advisory role to the City Commission by developing a PPI document for Consideration and adoption by the City Commission. Membership criteria for the committee is specified by the Community Rating System and must include: real estate agent(s), insurance agent(s), banking industry representatives; and , at least half of the committee's members must be from outside the local government. After a Program for Public lnformation document has been adopted by the City Commission, an evaluation report will be prepared annually for consideration by the City Commission. The Program for Public lnformation (PPl) Committee will be referred to as the Resiliency Communications Committee to be aligned with the Miami Beach Rising above Resiliency Strategy. The members of the advisory ad hoc Program for Public lnformation Committee shall be as follows: the City's Communications Director; the City's Floodplain Manager; Scott Diffenderfer, a realestate agent; Carlos Gutierrez, a real estate agent; Terri Echarte, a local bank representative; and, John Lee, a local insurance agent. The terms of the membership for the Program for Public lnformation Committee shall commence on October 1,2016 and expire on October 1,2017. THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that an advisory ad hoc Resiliency Communications Committee is hereby created, as set forth herein, with members whose terms shall commence on October 1 , 2016 and expire on October 1 , 2017 , subject to later or earlier sunset by the City Commission. City Liaison: Amy Knowles Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Tonya Mohsen Carlos John Scott Terri Daniels TL Jarahpour TL Gutierrez TL Lee TL Diffenderfer TL Echarte TL 1AtUt2017 10t01t2017 10t01t2017 10t01t2017 1ltut2a17 10t01t2017 Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine 10t01t2017 10t01t20'17 10t01t2017 10t01t2017 10t01t2017 10t01t2017 Tuesday, January 03, 2017 Page 630 of757 Mayor Philip Levine 43 of 50561 Boards and Committees Current Members Sister Cities Program Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The Council shall consist of: 1. One (1) representatives per Sister City affiliation; and 2. Nine (9) other members. All of these members are appointed by the Mayor. The members of the Coordinating Council shall be persons who are interested in fufihering the purpose of the Program. Any person interested in furthering the purpose of the Program may become a member of an individual Sister City Committee upon approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee Chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Tathiane Trofino, Danila Bonini 12t31t2017 12t31t2016 12t31t2016 12t31t2016 Sec.2-181 Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine 12t31t2022 Vacancy: Vacant Vacant Vacant To replace Steven Adkins Members: Krumlov, Czech Republic Other Other Other First Name Last Name Positionffitle:Term Ends: Appointed by:Term Limit: Betsy Carolyn Deborah Harvey Howard Jacquelynn Janet Jessica Joyce Kathryn Laura Lidia Lisa Magui Maria Nuccio Samantha Perez Baumel Robins Burstein Weiss Powers Horwitz Londono Garret Orosz Colin Resnick Desmond Benitez Maltagliati Nobel Bratter 12t31t2023 12t31t2021 12t31t2021 12t31t2021 12t31/2021 1213112021 12t31t2023 12t31t2021 12t31t2021 12t31t2023 12t31t2022 12t31t2021 12t31t2021 12t31t2021 12t31t2021 12t31n416 12t31t2021 Rio de Janeiro, Brazil Brampton, Canada Almonte, Spain Fujisawa, Japan Other Nahariya, lsrael Pescara, ltaly Other lca, Peru Basel, Switzerland Other Santa Mar1a, Colombia Other Other Fortaleza, Brazil Cozumel, Mexico Other 1213112017 Mayor Philip Levine 1213112011 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112018 Mayor Philip Levine 1213112016 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112016 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112A18 Mayor Philip Levine 1213112011 Mayor Philip Levine 1213112017 Mayor Philip Levine 1213112016 Mayor Philip Levine 1213112016 Mayor Philip Levine 1213112016 Mayor Philip Levine Applicants Bernardo Collado Charles Million Christopher Pace Darin Feldman Faye Goldin George Neary Jason Salvatore Laura Levey Tuesday, January 03, 2017 Applicants Brian Gilderman Christopher Todd Christopher Todd Dr. Andrew Nullman GabrielPaez lsraelSands Joseph Hagen Marjorie O'Neill-Buttler Page 631 of757 44 of 50562 Monica Fluke Omar Caiola Rebecca Boyce Rocio Sullivan Tamra Sheffman Wendy Unger Omar Caiola Raymond Adrian Richard Hall Steven Adkins Tiffany Heckler Wesley Castellanos Tuesday, January 03, 2017 Page 632 of757 45 of 50563 '.\ ., Boards and Committees Current Members Sustainability Committee Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner appointed by the Mayor, shall serve as a non-voting member and shall serve as the Chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's effons to provide and promote general environmental improvement trends, or "Green lnitiatives," and "Sustainable Development," which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green lnitiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Members: Sec.2-190.144 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Cheryl David Michael Nancy Richard Scott Steve Jacobs Doebler De Filippi Bernstein Conlin Diffenderfer Vincenti 12t31t2016 12t31t2017 12t31t2018 12t31t2017 12t31t2011 Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Ricky Arriola Mayor Philip Levine Commissioner Kristen Rosen Gonzalez 1213112017 Commissioner John Alem5n 1213112023 1213112018 CommissionerMichaelGrieco 1213112021 12t31t2021 12t31DAZA 12t31t2021 12t31t2023 12t31t2023 Applicants Amy Rabin Beth Butler Caitlin Pomerance Glenn Scott Diffenderfer Janet Horwitz John Lee Marivi lglesias Robert Rabinowi? Sari Libbin Walker Burttschell Applicants Andrea Travaglia Bruce Bennett GIenn Scott Diffenderfer lsaiah Mosley Jenifer Caplan Leslie Coller Richard Comisky Russell Hartstein Terri Echarte Yael Sade Tuesday, January 03, 2A17 Page 633 of757 46 of 50564 Boards and Committees Current Members Transportation, Pa rking, Bicycle-Pedestrian Facilities Committee Composition: Sec. 2-190.91 The Committee shall consist of four-teen (14) voting members. The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven (7) members of the Committee to be composed of members from the following community organizations, each of which must designate a permanent coord inati ng representative : '1. Miami Beach Chamber of Commerce's Transportation and Parking Committee (MBCC); 2. Miami Beach Community Development Corporation (MBCDC); 3. Ocean Drive Association (ODA); 4. Miami Design Preservation League (MDPL); 5. North Beach Development Corporation (NBDC); 6. Mid-Beach Neighborhood or Business Association (MBNBA); 7. Lincoln Road Marketing, lnc. (LRMI). On an annual basis, the members of the Committee shall elect a Chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the Committee. Seven (7) members of the Committee shall consist of a quorum of the Committee and shall be necessary in order to take any action. The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the City. The members designated by their respective community organization shall provide a letter from suCh organization certifying that designation to the City Clerk. City Liaison: Saul Frances Vacancy: Vacant To replace Jo Asmundsson Members: Member Lincoln Road Marketing lnc. Member MBCDC 12t31t2016 12t31t2016 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: AI Alan Deborah Del J.P. Leif Madeleine Marc Ray Richard Sari Williarn "Bill" Feola Fishman Ruggiero Fruit Morgan Bertrand Romanello Edelstein Breslin Streim Libbin Hahne Member Ocean Drive Association Member No.Beach Development Corp. Member Mid-Beach Neighborhood or Bus Assc. Member MBCC 12t31t2016 12t31t2018 12t31t2017 12t31t2017 12t31t2017 12t31D417 12t31t2016 12t31t2017 12t31t2017 12t31t2017 12t31t2018 12t31t2016 Commissioner Michael Grieco 1213112024 Commissioner Kristen Rosen Gonzalez Commissioner Ricky Arriola Commissioner John Alem5n Commissioner Joy Malakoff Commissioner Micky Steinberg Mayor Philip Levine 12t31t2023 12t31t2023 12t31t2023 12t31t2021 12t31t2023 12t31t2024 Applicants Aaron Davis antonio giovane Christopher Todd Eric Montes de Oca Gregg Chislett Tuesday, January 03, 2017 ApplicanB Adam Kravitz Beth Emerson Dara Schoenwald Gia Kastelic Member MDPL Page 634 otTl?n Bacheikov 47 of 50565 Janie Hayes Jeff Cynamon Kenny Swartz Lindsay Genet Lisa Alnry Mayela Mueller Nancy Bernstein Richard Conlin Seth Wasserman Suely Suchodolski Xavier Gonza lez-Sanfel iu Jared Pliit Jonathan Beloff Lila lmay lior leser Marina Aviles Michael Ritger Rafael Leonor Robert Lopez Stanley Shapiro Suzan Speiser Yael Sade Tuesday, January A3, 2017 Page 635 of757 48 of 50566 , ..,, Boards and Committees Current Members Visitor and Convention Authority Sec.102-246 Composition: Two (2) year term appointed by a minimum of four (4) votes. Seven (7) members who shall be permanent residents of Miami-Dade County. The seven (7) members of the authority shall be representative of the community as follows: 1. Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2. The remaining members, none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the Authority or employee thereof violating or failing to comply with provisions of this ar"ticle shall be deemed to have vacated his office or position. City Liaison: Grisette Roque Members: First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Adrian Gonzalez At-Large Daniel Hertzberg At-Large Jeff Lehman Hotel lndustry Margaret Benua TL Hotel lndustry (Pesgv) Stephen Hertz At-Large Steven Adkins At-Large Tim Nardi Hotel lndustry 1213112017 CityCommission 1213112017 CityCommission 1213112018 CityCommission 1213112017 City Commission 1213112011 City Commission 1213112018 CityCommission 1213112017 CityCommission 12t31t2019 12t31t2019 12t31t2A21 12t31t2011 12t31t2019 12t31t2022 12t31t2019 Applicants Aaron Perry Christy Farhat Dona Zemo Heather Davis Jeff Lehman Jonathan Beloff Kristen Rosen Gonzalez Mark Tamis Roger Shields Applicants Charles Million Craig Smith gregory selph Jeff Lehman Jeffrey Graff Josephine Pampanas Laurence Herrup Matthew Krieger Tuesday, January 03, 2017 Page 636 of757 49 of 50567 Boards and Committees Current Members Youth Commission Composition: 2-1 86 et seq. The Purpose of the Youth Commission is to provide the youth of Miami Beach with a vehicle to learn about government, participate in the process of City government. represent and articulate the needs of youth in the City, and provide recommendations to the Mayor and City Commissioners on issues and programs affecting the youth and teen population in the City. (a) The Youth Commission shall be composed of seven (7) voting members. (b) The Mayor and each City Commissioner shall appoint one member to the Youth Commission as a direct appointment. Members must be enrolled in a Miami-Dade County Public school or a private school in the City. Members shall be fifteen (15) through eighteen (1 B) years old at the time of appointment and be enrolled in the 1Oth, 1 1th, or 12th grade. To be qualified for appointment, a student must have a minimum 2.0 grade point average and demonstrate a sincere interest in municipal government, be motivated to contribute to the betterment of the city, and have a background in community-based activity. (c) The term of office for each member shall be one (1) year. Members may be appointed for ('l) subsequent one-year term; provided, however, that no member shall serve on or after his/her nineteenth (1gth) binhday. ln addition, board member terms shall automatically expire upon the latter of December 3'1 of the year of the appointing City Commission member leaves office or upon the appointmenUelection of the successor City Commission member. (d) Youth Commission Members shall annually elect a member as chairperson, and other officers it deems necessary. A vote of a majority of the members shall be required to constitute action taken by the Youth Commission. City Liaison: Dr. Leslie Rosenfeld Vacancy: Vacant Members: 06/08/2017 CommissionerMichaelGrieco 0610712018 First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit: Amanda Benjamin Itai Logan Nicole Olivia Garcia Burstein Beaudoin de Roca Courey Leser Kramer 06t08t2011 06!08t2417 06t08t2017 06t08t2017 06t08t2017 06t08t2017 Commissioner Micky Steinberg Mayor Philip Levine Commissioner Ricky Arriola Commissioner Kristen Rosen Gonzalez Commissioner Joy Malakoff Commissioner John Alemdn 06t07t2018 06t07t2018 46t07t2018 06t07t2018 06t07t2018 06t07t2018 Tuesday, January 03, 2017 Page 637 of757 50 of 50568 Cify Commission Committees Finonce & Cirywide Proiects Committee Position Nome Appoinred by Choir ViceChoir Member Alternote Lioison Commissioner Ricky Arriolo Commissioner Joy Molokoff Commissioner John Alemdn Commissioner Micky Steinberg Allison Willioms Moyor Levine Moyor Levine Moyor Levine Moyor Levine Lond Use & Development Commitlee Position Nome Appointed by Choir ViceChoir Member Alternoie Liqison Commissioner Joy Molokoff Commissioner John Alem6n Commissioner Micky Steinberg Moyor Philip Levine Thomos Mooney Moyor Levine Moyor Levine Moyor Levine Moyor Levine Neighborhood/Community Affoirs Commiree Position Nome Appointed by Choir Vice-Choir Member Alternote Lioison Sustoinqbility ond Resiliency Committee Commissioner Micky Steinberg Commissioner Michoel Grieco Commissioner Krislen Rosen Gonzolez Commissioner John Alemdn Morgon Goldberg Moyor Levine Moyor Levine Moyor Levine Moyor Levine Position N<rme Appointed by Choir Vice-Choir Member Alternote Lioison Commissioner Michoel Grieco Commissioner Ricky Arriolo Commissioner Kristen Rosen Gonzolez Commissioner Joy Molokoff Elizobeth Wheoton Moyor Levine Moyor Levine Moyor Levine Moyor Levine Page 638 of757 569 NON-CITY COMMISSION COMMITTEES Moyor Philip Levine . Miomi-Dode Metropoliton Plonning Orgonizotion . U.S. Conference of Moyors Commissioner Micky Steinberg . Director of Miomi-Dode County Leogue of Cities Commissioner Krisfen Rosen Gonzolez . Alternote Director of Miomi-Dode County Leogue of Cities Commissioner Joy Molokoff . FIU Wolfsonion Advisory Boord . Miomi-Dode County Homeless Trust Boord Stocy Kilroy, Jomie Slraz, Tonyo Bhoft . Miomi Design Preservotion Leogue Borboro Herskowitz ond Christine Gudoitis . Public Librory Advisory Boord Commissioner Ricky Arriolo, Koren Fryd ond Lorry Colin . The Adrienne Arsht Center for the Performing Arts Center Trust Broin Gildermon . Aircroft Noise Abotement Advisory Boord for Miomi lnternotionol Airport Page 639 of757 570 571 New Business and Commission Requests - Rg B MIAAAIBEACH COMMISSION MEMOR,AN DUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: January 11,2017 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS. RECOMMENDATION Make appointnents as indicated. ANALYSIS The applicants that have filed with the Office of the City Clerk for the below Atlarge appointments are included in item R9A BOARD A}TID COMMITTEES: 1. AFFORDABLE HOUSING ADVISORY COMMITTEE vACANCY (1): . One citizen who represents essential services personnel, as defined in the local housing assistance plan. POSS/BLE REA??OINTMENTS rO BE MADE (3): . One citizen who is actively engaged in the banking or nrcrtgage banking industry in connection with affordable housing. 1. David Smith . One citizen who is actively engaged as a for-profit provider of affordable housing. 1. Allison Stone . One citizen who resides within the jurisdiction of the local governing body nrking the appointnents. 1. Michael Feldrnan 2. ART IN PUBLIC PLACES COMMITTEE Page 640 of757 572 vACANC1ES (3): . Three citizens who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art nedia for display or integration in public places. POSS/BLE REA??O|NTMENT TO BE MADE (1): . One citizen who shall possess a high degree of competence in evaluation of art history and architectural history art, architecture, sculpture, painting, artistic structure design and other appropriate art rnedia for display or integration in public places. 1. Cathy Byrd 3. BOARD OFADJUSTMENT vACANC1ES (0): POSS/BLE REA??OINTMENTS TO BE MADE (2): . Real Estate Developer. 1. Noah Fox . Law profession licensed in the State of Florida. 1. Richard Segal 4. BUDGET ADVISORY COMMITTEE vACANCY (1): . One Certified PublicAccountant. 5. CULTURAL ARTS GOUNCIL vACANCIES (0): POSS/BLE REA??O|NTMENT TO BE MADE (1): . At-Large. 1. lsrael Sands 6. DESIGN REVIEW BOARD Clerk's Note: On December 14, 2016, the City Commission agreed to postpone the appointments to the Design Review Board to the February 8, 2017 Commission meeting. vACANCY (1): Page Ml of 757 573 . One Citizen At-Large. POSS/BLE REA??O|NTMENTS TO BE MADE (2): . An architect registered in the State of Florida or a member of the faculty of a school of architecture, urban planning or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a professional practicing in the fields of architectural design or urban planning. 1. Michael Steffens . One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urban planning; or resident with denpnstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States. 1. Kathleen Phang 7. HEALTH ADVISORY COMMITTEE VACANCIES ft): o Two administrators from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility (ALF). o One health benefits provider. o One physician. POSS/BLE REAP?OINTMENTS TO BE MADE (3): . Ex-Officio, Miami-Dade County Health Departnent. 1. Marisel Losa . CEO, Miami Beach Community Health. 1. Mark Rabinowitz . CEO, Mt. Sinai MedicalCenter. 1. Steven Sonenreich 8. HEALTH FACILITIES AUTHORITY BOARD vACANCIES (0): POSS/BLE REA4?O\NTMENT TO BE MADE (1): . Health Provider. 1. Mark Sinnreich 9. HISTORIC PRESERVATION BOARD Page M2 of 757 574 vACANCIES (0): POSS/BIE REA??OINTMENT TO BE MADE (1): . A representative from the Miami Design Preservation League (MDPL), selected from three names nominated by such organization. 1. Scott Needelnran 10. HUMAN RIGHTS COMM| TEE vACANCY (1): . One vacant position for a person licensed to practice law in the State of Florida, who shall be an active nember of and in good standing with the Florida Bar, and have e4oerience in civil rights law, to serve as chair. POSSIBLE REA??O|NTMENTS TO BE MADE (3): . Citizens who shall reflect, as nearly as possible, the diversity of individuals protected under the City's Hunun Rights Ordinance. 1. Monica Harvey 2. ArTly Rabin 3. Rachel Umlas 11. NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT vACANCIES (0): POSS/BLE REA??OINTMENTS TO BE MADE (3): . Three rnembers of the Executive Committee of the Nornandy Shores Horneowners Association. 1. John Bowes 2. Carrnen Browne 3. Brett Harris 12. PARKS AND RECREATIONAL FACILITIES BOARD VACANCIES (0): rcss/BLE REA4?O\NTMENT TO BE MADE (1): . One citizen who have dennnstrated a high degree of interest, participation and/or expertise in the sport of tennis. 1. Chris Growald 13. PERSONNEL BOARD Page 643 ot757 575 vACANCY (1): o At-Large position. 14. PLANNING BOARD vACANCY (1): . One architect registered in the State of Florida; or a nember of the faculty of a school of architecture in the state, with practical or academic e4certise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the State of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning. Please see the 'Agenda Archives" for the continuously updated Releases of City Commission At- Large Nominations listing current infornation about which applicants have actually been nominated. The Agenda Archives website is located at http://miamibeachfl.gov/cityclerl</default.aspx?id=856g5; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. Alternatively, the Releases can be found by going to the City's nein portal located at http://miamibeachfl.gov; and under the City Clerk section, located on the bottom right hand side of the web page, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. Legislative Tracking Office of the City Clerk Page 644 of 757 576 577 New Business and Commission Requests - R9 C MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Mayor Philip Levine DATE: January 11,2017 SUBJECT: APPOINTMENT OF MOJDEH L. KHAGHAN AS A COMMISSIONER TO THE HOUSINGAUTHORITY OF MIAMI BEACH. RECOMMENDATION Approve Mayor Philip Levine's appointment of Mojdeh L. Khaghan as a Commissioner to the Housing Arthority of Miami Beach. Pursuant to Florida Statute 5421.05, the Mayor appoints Commissioners to the HousingAuthority, with the approval of the governing body. ANALYSIS ln accordance with Florida Statute S 421.05, I am designating Mojdeh L. Khaghan as a Commissioner to the Housing Authority of Miami Beach. I am confident that Ms. Khaghan, with her strong commitment to community service as well as her successful professional experience, will be an asset to the Housing Authority of Miami Beach. Ms. Khaghan is a graduate of the Columbia University School of Law and is a principal at Morgan Reed Group, LLC, a diversified investment company specializing in real estate and securities. Ms. Khaghan's most recent community involvements include seruice as the Vice Chair to the City of Miami Beach Personnel Board; Co-Chair of the Agency Support Committee of the Greater Miami Jewish Federation; and Treasurer of the Jackson Health System Public Health Trust. Ms. Khaghan's resume, application and photograph are attached. CONCLUSION I am hereby requesting the approval of the City Commission to my appointment of Mojdeh L. Khaghan as a Commissionerto the Housing Authority of Miami Beach. Page 645 of757 578 Legislative Tracking Mayor Philip Levine ATTACHMENTS: Description o Mojdeh Khaghan, B&C Application Page 646 of757 579 : !2.. .\ri\ .: ' .=> , ..N;.-!,. .. , ', rrrif] ii'i Lasi I'lamer:, E I ar--!.u r^): htr #trfl First Name f f','Q, Middie lnitial A2, i+'A l^ttlD&n f y161fft+J E_a_ f;H_r!.x\r_4B ffi,a{+n-,p qS iAbA/ 6 rjusrness Aooress rr- {r${2* i;v grn\<* (€H,- *a >Dt*rdit Z;p cooe Professronai Lrcensetdescr;oJ):- 'l \- i t-- 'u c".,.o. FJease ar**il n er>gy t*{ *'z;rre*tly *f{eet?;+ ;}ft-r*E;ro{}ai;,.;ens*. Please iist your preferences in order of ranking [1] lirst choice [2] second choice, and [3] third choice. please note tha-tonlv three (3) choices will be observed bv the Office of the Citv Clerk. Home Address City State Zb Code 30tE bj 8pr+ 305 t))-,1-+L-i + ,/xil(g*r4avrryA, ro hri ilome Terephone , ^ work -lelephone celiuiar Telepnore Emarl Page 't of 4 Page 647 of 757 Fursuant to City Code section 2-22(4la & b: Members of agencies, boards and committees shall be affiliated with the City. This requirernent shall be fulfilled in the following ways. a. An individuai shall have been a resident of the City fora minimum of six months; or b. An individual shall demonstrate ownershiplinterest for a minimum of six rnonths in a business established in the City for a minimum of six months. r Resident of Miami Beach for a minimum of six (6) months: yes K or No f* r Demonslrates ownership/interest in a business in Miar"ni Beach for a minimum of six months: Ves X or ruo fJ r Are you a registered voter in MiamiBeach: yesS or No * r I am now a resident of: North Beach D South Beach t miool* BeachKhr lam fqr AnqJ\intment I lave special abi and Please list below:6* o Are you presently a registered lobbyist with the City of Miami BeachZ Yes * or. NoB n Affordable Housing Advisory Committee tr H6al1h Advisory Committee Ll parks and Recreation Facilities Board s I Ad in Public Places Committee ir Health Facilities Authorit! Soard n Personnel Board il Audit committee li Hispanic Affairs Commiltee n Plannino Board"l.? ir Board of Adiustment **n Historic Preservalion Board*fi Police Citizens Relations Commiltee C Budqet Advisory Cornrnlttee lililousing Authority Ll Production Industrv Councilu Committee on the Homeless I Human Rights Committee I Sister Cities Proorarn n Committee for Quality Education in MB f LGBT Advisory Committee : Sustainability Committeei: Convention Center Advisory Board f Marine & Waterfront Protection Authority tr Transportation, Parking. & Bieycle-pede$trian Facilities Commitlee tl Cultural Arts Council I Miami Beach Commission for Women tl Vis,tor and Conventinn Arfh(1rltv n Design Review Boardft n Normandy Shores Local Government Neiqhborhood lmorovement tl Youth Commission I Disability Access Commlttee * Board memberc are required to file Form 1 - "Staternent of Financial lnterest.'with the $tate. ,f tt you seek appointment to a professional seat (e.g., lawyer, architect, etc.) on the Board of Adjustment, De-sign ReyiewBoard, Historic Preservation Board or Planning BoJrd, attirch a copy of your currently+ffectively ticenie, and'ilrni*h thsfollowing information: " : Type of Professional License License Humber License lssuance Date License Expiration Date C \Users\C LERQueRtOesktop\BC APpL|CATION docx 580 Not* lf applying for the Youth Center posiiicns of the Parks and Recreetions Fa*ilities 8oai"rl, pleasa indicate your afi!;:i:cn rrrih the Scott Rakcw Yourh Center andlcr the North Shore parks youth Center Please describe your past serytce with the City's Youth Centers {include dates of service) r Present participation in Yauth Center actiyitie$ by your children Ves [} No ff lf yes, please list below the names of your chiidren, their ages and the prosrams in which they Darticipate Child's name Child's name r Have you ever been convrcted of a felofiy? yes lf yes. please explain in detail Age: -- Program Age: **...** Program r Do you currently have a violation(s) of City of Miami Beach Code? yes * or. r'rok tf yes. ptease explain in detail. r Do you currenliy owe the City of Miami Beach any mcney? yes D or. no Wrf yes, exptain in detail . Are you currentiy serving on any City Board or Committee? yes * o, uo ktr yes. which board/committee? r ln what organizatian(s) in the city of Miami Beach do you currenily hold membership? Name Position Name Position 'iidflffiIi:x!", lM:ffi ryH il.'#E' * ":Y''Y r Are you now employed by the City of Miami Beach? yes * o, Ho ffi' Which department and title? o Pursuant to City Code Section 2-2S (b): Do you have a parent employed by the City of Miami Beach? yes ffor f'roEi t, ,pouu" ff, child fJ brother t or" sister E who is lf "Yes," identify person(s) and department(s) The following information is voluntary and is neither part of your application nor has any bearing on your consideration forappointment. lt is being asked to comply with city diversity reporting requirements Gender: Male IJ Female Race/Ethnic Categories What is vour race? ff nrri""n-nmerican/Black il caucasianMhite f,J Rrirn or Pacific lstander U tqative-emerican/American lndian ?age 2 ol 4 Page 648 of757 C:\Usars\CLERQUeR\Desktop\BC APPLlCATtON.docx 581 *. i-\' :-l ' "-:.iljQligr-Jr,r:tRaCi ll - i- Do you cons;der yourself to be Spanish, Flispanic or Latino/a? Mark the "Na" t:cx if nat Spaptsh, Hjspanic Lattn*la *I r.rot v". No Yes NOTE: IF APPOINTED, YOU WILL BE REQUIRED TO FOLLOW CERTAIN LAW$ IHAT AFPLY TO CITY BOARD/COMMITTEE MEMBERS. THESE LAWS INCLUDE, BUT ARE NOI LIMITED TO:r Prohibition from directly or indirectly Iobbying Cily personnel (Miami Beach City Code sectian 2-459). Prohrbition from contracting with the c;ty (Miami-Dade county code section 2-11 j) o Prohibition from lobbying before the board/committee you have served on for period of one year after leaving office {Miami Beach City Code section 2-26)r Requirement to disclose certain financial interests and gifts iMiami-Dade County Code section 2-11 1) + CMB Community Development Advisory Committee. prohibition, during tenure and for one year aftei leaving office, frcm havingany interest in or receiving any benefit from Community Development Block Grant funds foi either yourself, or tho$e with whomyou have business or imrnediate famity ties (CFR 570.611). r) Sunshine Law - Florida's Government-in-the-sunshine Law was enacted in 1967. Today, the Sunshine Law regarding opengovernrnent can be found in ChApter 286 of the Florida Statutes These statutes establish a basic right ol aciess t6 most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.c Voting conflict - Form 88 is for use by any person serving at the county, city or olher local level if government on an appointed orelected board, council. commission, authority or committee. lt applies equally to members of aOrisory and non*advlsory bodieswho are pre*ented with a voting conflict of interest under Section 1 1 2.3143, Florida Statutes Upon request, copies of these laws may be obtained from the City Clerk. I HEREBY ATTE$T TO THE ACCURACY AND TRUTHFULNESS OF THE APPLICAT|ON; AND I HAVE RECEIVED, READ ANDWILL ABIDE BY CHAPTER 2,ARTICLE VII, OF THE MIAMI BEACH CITY CODE, EHTITLED "STA,NDARDS OF COHDUCT FORCITY OFFICERS, EMPLOYEES AND AGENCY MEMBER$ ANN ALL OTHER APPLICABLE COUNTY AND/OR STATE LAWS ANDSTATUTES ACCGRDINGLY." Recerved in the Offrce of the City Cterk by -4^ wt.A Qae,zu&*i Z r,7td t'zlqtx. Name of Deputy Clerk Control No Date COPY OF ANY ATTACH ADDITIONAL SHEETS, IF NECESSARY, TO PROVIDE REQUIRED INFORMATION. Page 3 of 4 Page 649 ot757 Do you consider yourself Physically Disabled? HI Nio D v*, ATTACH A CURRENT RE$UME, PHOTOGRAPH AND A APPLICABLE FROFESSIONAL LICENSE. Name oiApplicani (PLEASE PRINT) C1Userc\CLERQUeR\Oesktop\BC AppLlCATtON.docx 582 : /,. 1 :' .n,, l-T Y 2 z'"' . .:I.....* Cify of tlliomi Eeoch lTCC Convenlion eenter Driye, Miomi Beoch, Florido 33139, www mronibeochfl e ov OFFICE OT THE CITY CTERK CityClerk@m iom i becchfl. gov felephone: 305.673.741.} Fox: 3A5.673.7254 Acknowledgement of fineslsuspension for Board/Committee Members for. faiture to comply with Miami- Dade county Financial Disclosure code provision code $ection 2-11.1(i) {2} Board Memher's Name: m'0{f5|j 6{-tAil I understand that no later than Julv 1, of each yeAI all members of Boards and Committees of the City of Miami Beach, including those of a purely advisory nature. are required tc comply with Miami-Dade CountyFinancial Disclosure Requirements. This mean$ that the members of City Advisory Boards, whose sole orprimary responsibility is to recommend iegislation or give advice to the City Commission, must file, even though they may have been recently appointed. One of the following forms tlrUst be filed with the City Clerk of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida, no laterthan 12:00 noon of July 1, of each year. 1. A "Source of lncome Statement" 2. A "Statement of Financial lnterests (Form 1),' 3. A Copy of your latest Federal lncome Tax Return Failure to file one of these forms, pursuant to the Miami-Dade County Code, may subject the person to a fine of no more than $500, 60 days in jail or both. Updated: Thursday, December 22, 2016 Page 4 of 4 Page 650 of757 lll J)- C:\Users\CLEROUeR\Oesktop\8C AppLlCATiON,docx 583 MOJDEH L. KHAGHAN 5151 Collins Avenue, Miami Beach, FL 33140 345 .77 2.4444 . mlk@ morganreed.com EDUCATION Columbia University S*hool of L,urv, J.D. I99l Journal of l-arv & the Arts. Articles Edirar Arts Lar.v Clinic/Volunteer Lawyers ftrr the Arts Larv School Senate Parliamentarian Columbia College, Columbia University B.A. macna cum laudc 1988. Errslish Litcraturc Phi Beta Kappa LICENSURE The Florida Bar, United States District Court, S.D. Florida 1995; New York State Bar. United States District Courts, S.D. and E.D. Neiv York 1992t New York State Real Estate Broker 2008: Florida Real Estate Broker 2010: Florida Supreme Court Certilied Circuit Civil Mediator 2013. EXPERIENCE Morgan Reed Group LLC lt4iami Brach, FL Principal, Coansel Officer, director and shareholder of diversi{ied investment holding company specializing in real estate and securities; review and negotiate contracts, leases, equity offerings, shareholder agreements. 1997 to present Mojdeh L. Khaghan Miami Beach, FL Attorney Practice specializing in securities litigarion, shareholder class and derivative actions, trusts and estates litigation. Extensive merger related docurnent review and analysis for disputed transactional cases. 1996 to 2007 Goodkind Labaton Rudoff & Sucharow New York, NY Litigation Associate Concentrated in '33 and '34 Act litigation and securities class actions in federal and state courts. Handled all aspects ofcases frorn discovery through trjal and/or Page 651 of757 584 settlement, post-$ettleffient distributi<ln ol'recoverv to clieats and class menrbers. Established Miami office of Nerv York Lrased law firm. 1992 to 1996 COMMUNITY .lackson Health System INYOLYEMENT Treasurer, Pr.rblic l{ealth Trust 201i-l -5 Chair, Audit & Cornpliance Subcornmittee 20 I 2- 1 5 Firrancial Recovery Board Metrber 2012^14 lVexner Herita ge Fellow Miami 2009-11 Grectter Miami Je*,ish Federuion 1999 to present Agency Support Committee, Co-Chair 2012-15 Women's Philanthropy President 20 lA-12 Campaign Chair 2007-09 Responsible for $7 million Women's annual fundraising effort, leadership development and training Stanley C. Myers President's Leadership Aivard 2008 City of Miami Beach Vice Chair, Personnel Board 2011 to present Chair, Personnel Rules Revision Committee 2012-14 Youth Center Advisory Board 2007- 1 I PERSONAL Languages - Farsi, Spanish, French,Italian Interests * Travel, Literature, Arts & Music Page 652 of757 585 586 587 New Business and Commission Requests - R9 D MIAAAI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: DATE: January 11,2017 SUBJECT: DR. STANLEY SUTNICK CITIZEN'S FORUM. (8:30 A.M.) DR. STANLEY SUTNICK CITIZEN'S FORUM. (1:00 P.M.) Legislative Tracking Office of the City Clerk Page 654 ot757 588 589 MIAMIBEACH TO: FROM: DATE: SUBJECT: DISCUSSION ON INSTALLING A RESILIENT FLORIDA-FRIENDLY LANDSCAPE AT CITY HALL THAT INCLUDES AN EDUCATIONAL ELEMENT AND NATIVE PLANT I DENTI FI CATION GARDENS. RECOMMENDATION The following is presented to the nrembers of the Mayor and City Commission for discussion and further direction. ANALYSIS BACKGROUND At the City Commission meeting on February 10, 2016, the Mayor and City Commission referred a discussion item to the Sustainability and Resiliency Committee (SRC) prohibiting contractors from using roundup and other chemicals that may be carcinogens in public spaces. This item was sponsored by Commissioner RickyArriola. This item raras discussed at the March 30,2016 and May 18, 2016 Sustainability & Resiliency Committee. The Committee discussed the adoption of lntegrated Pest Management (lPM) for both City staff and contractors to follow. During the October 26,2016 SRC, Rodney Knowles, Greenspace Division Director, explained that the City currently complied with the principles of Florida-Friendly Landscaping (FFL) and IPM when managing pests in the landscape. At the request of the SRC, the Greenspace Management Division developed a FFL Plan with educational component for City Hall in order to educate the public about the environmental benefits derived from the principles of FFL including lPM. Millicent McFadden, Parks Superintendent, presented the FFL guidelines, explaining how IPM is incorporated into these guidelines. Ms. McFadden also presented a plan for a resilient FFL pilot with educational gardens for City Hall. After the presentation, the SRC Committee referred the item to City Commission with a favorable recommendation to implement a FFL landscaping plan for City Hall, including an educational component. Analvsis The City of Miami Beach's Parks and Recreation Department, the Public Works Department - Greenspace Management Division, and their contractors currently use pesticides and fertilizers to maintain the landscaping in our parks, greenspaces and parking lots. Parks and Recreation Department and Greenspace Management Division and their contractors New Business and Commission Requests - R9 E COMMISSION MET'IPRAN DUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 Page 655 of757 590 currently follow the State of Florida's Green lndustries Best Management Practices for pest control management, which uses FFL and IPM as its foundation. IPM utilizes best practices to minimize the use of chemicals while emphasizing the proper horlicultural methods to ensure the overall vitality of the landscape. ln their everyday operations, Parks and Recreation Department and Greenspace Management also follow the FFL principles which are landscaping practices that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind and/or salt tolerant. These practices also includes planting the right plant in the right place, efficiently watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests (lPM), recycling yard uraste, reduction of stormwater runoff, and waterfront protection. Additional components of FFL include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. At the request of the SRC, the Greenspace Management Division has developed in-house a resilient FFL prolect for City Hall (Attachment A- Conceptual Design). The Greenspace Management Division will be working with the Environment and Sustainability Department, UF/IFAS Extension Office, and the Miami Beach Botanical Garden to include an educational element and native plant identification. The goal of the project is to demonstrate and educate our residents, visitors and employees about how a resilient FFL can protect the environment through environmentally sustainable practices, using low-maintenance plants, conserving uxater and reducing fertilizers and pesticides use. The project will provide for a formal, FFL utilizing Florida Native Plants around City Hall to demonstrate to the public that FFL and Florida Native Plants can provide for both highly esthetic and sustainable landscaping. The educational component, along the perimeter of the property, will be divided into four different "gardens" that will present different plant palettes, including the most commodavailable, resilient native plants for South Florida featuring:' Butterfly attractors;' Wildlife attractors;' Seaside Garden;and' Grasses and Wildflowers. Each garden will have an educational signage with information about the different habitats, resilient plant species, benefits to the environment and how residents can bring back these principals into their own landscaping. CONCLUSION The following is presented to the members of the Mayor and City Commission for discussion and further direction. FINANCIAL INFORMATION The project will cost approximately $70,000. No sources of funding have been identified. The educational signage will cost about $2K while the landscaping will cost around $68,000. Attachment B provides a sample of the potential type of species, quantities and cost for the development of the conceptual design. Selection may change based on seasonality and species availability. Legislative Tracking Page 656 of757 591 Environment and Sustainability ATTAGHMENTS: Description n Merncrandum Page 657 of757 592 MIAMIBEACH City of Miami Beach, lZ00 Convention Cenler Drive, Miami Beach. Florida 33139" www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales DATE: January 11,2016 SUBJECT:DISCUSSION ON INSTALLING A RESILIENT FLORIDA-FRIENDLY LANDSCAPE AT CITY HALL THAT INCLUDES AN EDUCATIONAL ELEMENT AND NATIVE PLANT IDENTIFICATION GARDENS BACKGROUND At the City Commission meeting on February 10, 2016, the Mayor and City Commission referred a discussion item to the Sustainability and Resiliency Committee (SRC) prohibiting contractors from using roundup and other chemicals that may be carcinogens in public spaces. This item was sponsored by Commissioner Ricky Arriola. This item was discussed at the March 30,2016 and May 18, 2016 Sustainability & Resiliency Committee. The Committee discussed the adoption of lntegrated Pest Management (lPM) for both City staff and contractors to follow. During the October 26, 2016 SRC, Rodney Knowles, Greenspace Division Director, explained that the City currently complied with the principles of Florida-Friendly Landscaping (FFL) and IPM when managing pests in the landscape. At the request of the SRC, the Greenspace Management Division developed a FFL Plan with educational component for City Hall in order to educate the public about the environmental benefits derived from the principles of FFL including lPM. Millicent McFadden, Parks Superintendent, presented the FFL guidelines, explaining how IPM is incorporated into these guidelines. Ms. McFadden also presented a plan for a resilient FFL pilot with educational gardens for City Hall. After the presentation, the SRC Committee referred the item to City Commission with a favorable recommendation to implement a FFL landscaping plan for City Hall, including an educational component. ANALYSIS The City of Miami Beach's Parks and Recreation Department, the Public Works Department - Greenspace Management Division, and their contractors currently use pesticides and fertilizers to maintain the landscaping in our parks, greenspaces and parking lots. Parks and Recreation Department and Greenspace Management Division and their contractors currently follow the State of Florida's Green lndustries Best Management Practices for pest control management, which uses FFL and IPM as its foundation. IPM utilizes best practices to minimize the use of chemicals while emphasizing the proper horticultural methods to ensure the Page 658 of757 593 overall vitality of the landscape. ln their everyday operations, Parks and Recreation Department and Greenspace Management also follow the FFL principles which are landscaping practices that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind and/or salt tolerant. These practices also includes planting the right plant in the right place, efficiently watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests (lPM), recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of FFL include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. At the request of the SRC, the Greenspace Management Division has developed in-house a resilient FFL project for City Hall (Attachment A- Conceptual Design). The Greenspace Management Division will be working with the Environment and Sustainability Department, UF/IFAS Extension Office, and the Miami Beach Botanical Garden to include an educational element and native plant identification. The goal of the project is to demonstrate and educate our residents, visitors and employees about how a resilient FFL can protect the environment through environmentally sustainable practices, using low-maintenance plants, conserving water and reducing fertilizers and pesticides use. The project will provide for a formal, FFL utilizing Florida Native Plants around City Hall to demonstrate to the public that FFL and Florida Native Plants can provide for both highly esthetic and sustainable landscaping. The educational component, along the perimeter of the property, will be divided into four different "gardens" that will present different plant palettes, including the most common/available, resilient native plants for south Florida featuring:o Butterflyattractors;. Wildlife attractors;r Seaside Garden; and. Grasses and Wildflowers. Each garden will have an educational signage with information about the different habitats, resilient plant species, benefits to the environment and how residents can bring back these principals into their own landscaping. Financial lmpact Summarv The project will cost approximately $70,000. No sources of funding have been identified. The educational signage will cost about $2K while the landscaping will cost around $68,000. Attachment B provides a sample of the potential type of species, quantities and cost for the development of the conceptual design. Selection may change based on seasonality and species availability. CONCLUSION The following is presented to the members of the Mayor and City Commission for discussion and further direction. Attachment A: City Hall Resilient Florida-Friendly Landscape Conceptual Design. Attachment B: Sample of the potential type of species, quantities and cost for the development of the conceptual design. ECT/S MT/RK/ESW/MC/FCT Page 659 of757 594 Attachment A- City Hall Resilient Florida-Friendly Landscape Conceptual Design Proposed Florido Friendly Londscope Plon soD CITY HALL [Sl Speimca Plonrs {IBDI tor Plo^t ldontilicotio^ (wcl wild Colfu [Pl Vori6got6d Derl Po^d6nv3 M Dworl walhr" Vibu'nud -N$^ txistinB Crops Myrio rrYel Exirlng Shrub: [Yl] {l} lnlberry Scoevolo Ornomentol Psonvl lS) Speimon Plonrr {lgDl for Plont ldcn$fimtion M Dworl Wo,te.'3 Exirling C*onut Polm! trYP} [5] Sp*;men Ploor (TBD] lor Plonl idenliff .6,ion Ornomcnlol P&no, SCATE: t' - 204' [WC] Wild Co$ar Muhly Gro* fi lnlberry Scoevoio lfl fnc Bu3l' [V! Dwod Woltor's Viburnum pVCl Wild Collea lfl Fir6 Eurh Muhiy Grorr lsl SBim6n Plonir {rBD} lot Plonl Idonlilt€otion Ornomantol Penut {lRl Blur flog lrir [wl tignum Vito! hPd 8r: ffi kr.l,.. [wC] WiH Cofl$ [PM] Silver Sow Polmcft lfN] florido Irec Fern {WCl Wild Cofioe lPj Yoricgold Dworf Psndonur , [t] rir€ Bu5n :pvc; w;td coff* M Dworl Wolter'r Viburous [Stl Sotinlaf Tro Page 660 of757 595 35 1 gal. Psychotrio netvoso Wild Coffee 25 3 Bel. Hnnelio poters 'Co,npacta Fire Btrsh 45 3 gal. Pondot)us bapt&tii 'Aureu5' Variegated Dwar{ Pandanus 90 3 gal. Viburnrnr oboyotuft 'Mrs. Shillers Delight' D+rarf Walter's Viburriurn 5 7 gal. Ctenitis stoooei llorida Tree Fern 100 3 gti. M*hlenbergin c<rpilloris Muhiy {rrass 30 3 gal. Scaevola plunieri lnkberry Scaevola 8 7 gal. S"reroo reperJ'Cinerea' Silyer Savr Palmetto 3 B & 8 Guoiocurt *nctua Lignum Vitae 25 3 Eal. lris virgini.o fllue lilag lris 3 45 g?l Chrysophylluut oliviforne Satinleaf Tree -15 7 - 10 gal TBD (for Educational Plant lD Garden) Specimens for Plant It) 8500 Sq. fL Pospalum nototum Bahia Grass 7000 Sq- Fa. Ara.his qlob,oto Oroamental Peanut 1 TBD lrrigation-SeparateTonesforiurfandbeds Fla.Friendly 250 MH De$olition Renrove Etisring 3 Loads Dispo:al Dump F€es 250 MH Labor- losrallarion 1O0 Cu. Yds. Mulch Recycled or Pine Straw s 9.s0 5 9.50 S 12.so S g.so s 4s.00 5 9.s0 S 12.00 s 6s.00 s 1,200.00 s i2.00 s 550.00 s 6s.00 s 0.29 S 2.so s 15,000.00 s 35.00 s 150.00 s 35.00 S 3s.oo s 332.50 s 237.50 s 562.s0 s 855.00 s 225.00 s 9s0.00 5 360.00 s 520.00 5 3,600.00 Yes No Yes Yes Yes Yes Yes Yes Yes No No NA NA NA NA NA NA High rl rsn liiBh High Med. High High lligh High Med HiBh High Hi6h HiBh NA NA NA NA NA NA HjBh HiBh llish High Med. High High HiBh High Med. High lligh Med. Med. NA NA NA NA NA NA Attachment B- Sample of the potential type of species, quantities and cost for the development of the conceptual design. Page 661 of757 596 597 New Business and Commission Requests - R9 F COMMISSION ME TVIORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMI NG I N RESI DENTIAL NEIGHBORHOODS. ANALYSIS Please place on the January 11, 2016 Commission meeting agenda, a discussion regarding lowering speed limits and/or traffic calming in residential neighborhoods. Legislative Tracking Commissioner Michael Grieco Page 662 of757 598 599 New Business and Commission Requests - R9 G MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: DISCUSSION REGARDING INCORPORATING SAFETY BOLLARDS AT ALL LI NCOLN ROAD I NTERSECTIONS. RECOMMENDATION ANALYSIS Please place on the January 11, 2017 Commission Meeting agenda, a discussion regarding incorporating safety bollards at all Lincoln Road intersections. Legislative Tracking Commissioner Michael Grieco Page 663 of757 600 601 New Business and Commission Requests - R9 H MIAMIBTACH GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: DISCUSSION REGARDING MIAMI BEACH,S APPROACH TO RECYCLING AND BEST PRACTICES MOVING FORWARD. ANALYSIS Please add to the January 11, 2017 Commission meeting, a discussion regarding Miami Beach's approach to recycling and best practices moving fonrr,rard. Legislative Tracking Commissioner Michael Grieco Page 664 of757 602 603 MIAAAIBEACH TO: FROM: DATE: SUBJECT: DISCUSSION REGARDING THE IVIAYOR CHARLES HALL AND ANDREE JULIETTE BRUN BUSTS FORMERLY LOCATED AT THE JACKIE GLEASON THEATER AND AN UNTITLED SCULPTURE BY THE ARTIST LENORE FORMERLY STORED AT THE MIAMI BEACH CONVENTION CENTER. RECOMMENDATION This item is being presented for discussion and further direction. ANALYSIS On September 19, 1974, the City Commission met and determined that funds from the private sector should be sought for commissioning a sculptor to create a bust of Miami Beach Mayor Charles Hall, 1971-1974. Charles "Chucl{' Hall was the first Mayor of Metropolitan Dade County from 1964-1970. As Mayor of Miami Beach, he hosted both the Democratic and Republican National Conventions in 1972. He also made an unsuccessful attemptto run for Governor of Florida, but passed away of a sudden heart attack in Augusl 1974. ln 1976, a bust in his memory was completed by the sculptor Zera Posever and placed in the Youth Center Lobby of the Theater of Performing Arts (Jackie Gleason Theater). On November 15, 1989, the City Commission met and discussed the placement of a bronze bust of Andree Juliette Brun by Sarasota, Florida based sculptor Frank Colson. Ms Brun, wlro passed away in 1989, was an accomplished pianist and Miami Beach resident. ln addition to her musical skills, Ms. Brun was appointed President of the Miami Beach ConcertAssociation, a resident company at the then called Theater of the Performing Arts (Jackie Gleason Theater). ln her memory, a bronze bust, which is one of an edition of five, was placed in the Jackie Gleason Theater. ln 2007, Live Nation was awarded a management agreement for the Jackie Gleason Theater and began a $3.5 million renovation of the theater before rebranding the theater as the Fillmore Miami Beach at the Jackie Gleason Theater. During the renovation, the busts were removed and stored at the Miami Beach Convention Center. Due to the anticipated renovation of the Miami Beach Convention Center, an item was placed on the December 1 1, 2013 City Commission Agenda referring a discussion to the Neighborhoods/Community Affairs Committee to determine a permanent, public location for the placement of the two busts. New Business and Commission Requests - Rg I COMMISS ION ME I'/IORAN DU M Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager January 11,2017 Page 665 of757 604 On January 30, 2014, the Neighborhoods/CommunityAffairs Committee met and the placement of both busts was discussed. A motion was made to take no action, no second was required. On February 5, 2014, the City Commission met and the Neighborhoods/Community Affairs Committee report was part of the agenda. On December 5, 2016, Art in Public Places was notified by Spectra Management that the busts needed to be removed from the storage area of the Miami Beach Convention Center to accommodate the renovation project. On December 8,2016 Art in Public Places staff conducted a site visit and reported that the storage area contained the busts of Mayor Charles Hall and Andree Juliette Bruns. ln addition to these two busts, an "Untitled" sculpture by the artist Lenore was also located in the storage. Research was conducted by Art in Public Places staff and no background or supplemental material was found on the "Untitled" sculpture in the City's Folio Data Base and Kardx File System. Art in Public Places staff was advised that all three works needed to be removed by December 9, 2016. ln order to meet the request, Art in Public Places staff temporarily relocated the busts of Mayor Charles Hall and Andree Juliette Brun to the Sth floor lobby of the 1755 Meridian Avenue Building. The "Untitled" sculpture was moved to Spectra's storage facility in Opa-Locka. Staff conducted a preliminary maintenance report on the busts and concluded significant restoration and structural enhancements would need to occur before the work could be sited in a permanent, public location. lt was also determined the "Untitled" sculpture was not suitable for display, as it is severelydamaged.Attached to this report (Exhibit 1)are photos and preliminary condition reports on allthree works. CONCLUSION The Administration seeks general direction on how to proceed with the care and placement of these three works, as significant costs are associated with restoring, maintaining and placing the uacrks for public display. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: Description o Exhibit 1 Conditian Reports Page 666 of757 605 Exhibit 1 Mayor Charles (Chuck) Hall Bust, Artist: Zera Posever 1976 Dimensions Plinth 20" to 14" W and 48"H Material Marble Bronze Bust 14"H Bust Pedestal 8" Total Height 70" Material Bronze Preliminarv Condition Report The base of the bust is broken and has weakened the support structure. The pedestal is composed of marble and requires a proper foundation to ensure stability. Page 667 ot757 606 Andree Juliette Brun Bust (ed. 1/5), 1989 Artist: Frank Colson Dimensions Plinth '11"x11" W Plinth 42"H Bust 18"H Total Height 60" Material Painted Metal (MetalTBD) Prel iminary Condition Report The bust was deteriorated at the base and broke during transport. The supporting pedestal, which is composed of concrete, is not stable and is in poor condition. Page 668 of757 607 "Untitled", '1992 Artist: Lenore Sculpture Signature Materials: Wood, metal, powder coated or spray painted. Dimensions. Base 3'W x 10'L. Sculpture 2'W x 9'L x 8'H No background or supplemental material found on the City's Folio Data Base and Kardx Files Preliminary Condition Report -\Nk Right Corners Sculpture is damaged at various sections. These photographs depict a sampling of overall condition. Page 669 of757 608 609 New Business and Commission Requests - R9 J MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commlssion FROM: Commissioner John Elizabeth Aleman DATE: January 11,2A17 SUBJECT: DISCUSSION REGARDING LINCOLN ROAD CAFE PENALTIES FOR HALLOWEEN PERMIT VI OLATI ONS. ANALYSIS Please place on the January 11,2017 City Commission Agenda, a discussion item regarding permit violations received by cafes on Lincoln Road during Halloween festivities. I have received some feedback from the businesses regarding the severity of the penalties assigned. ln an effort to enhance the resident and tourist experience of Halloween on Lincoln Road, the following activities and actions were canied out by the City: 1. November 2015 - The City decides to improve city efforts with regards to Halloween Lincoln Rd and to plan regular Halloween monthly meetings. 2. February 2016 - The City includes the participation of the new LRBID Executive Director at the Halloween meetings. 3. September 2016 - The LRBID Board of Directors agree to become co-permit holders of "Halloween on Lincoln Rd", allowing for a programmed and enhanced event with music, bars, and activations managed by the LRBID. 4. October 26,2016 - LRBID hosts a tenant meeting on Lincoln Rd and Adrian Morales discusses Halloween programming, including Halloween shutdown for unpermitted expansion. 5. October 26, 2016 - City of Miami Beach Code Compliance distributes sidewalk cafe Halloween memos to LRBID staff. 6. October 28,2016 - The City agrees to MOU with LRBID for a special event permit on Halloween Lincoln Rd 2016. 7. October 28,2A16 - The City issues special event permit naming CMB/LRBID Halloween 2416. B. October 31, 2016 - City staff observes several cafe operators with unpermitted expansion. lncluded are the memo distributed to the sidewalk cafes, a copy of the special events permit, and the cafe shutdown letters that were issued. lf you have any questions please do not hesitate to call our office at ext. 6473. Page 670 ot757 610 Legislative Tracking Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Lincoin Road Memo o H*lloween Special Events Permit n Cafe Shutdown Letters Page 671 of757 611 *"At,/rilV i Y) r; ?".,1''',.1 t .'t'".*-7'"\^\, \ii \1.: :, Property Monogement Division Lincoln Road Sidewalk Cafe Operators MEMORANDUM FROM DATE: Adrian Morales, Lincoln Rd Manager October 25,2016 SUBJECT: Lincoln Road Halloween 2016 Historically, Halloween night on Lincoln Road has been very busy and active. This year we have taken extra measures to ensure a safe environment for all who live, work, and play in our city. Pedestrian safety is our top priority; traffic will be closed from Alton Road to Washington Avenue from Lincoln Lane North to Lincoln Lane South. This memorandum serves as notice that the City of Miami Beach will not be allowing expansion of sidewalk cafes of any kind due to the amount of visitors expected. Anv failure to abide can result in immediate removal of vour entire permitted sidewalk caf6 furniture, fines, and suspension for up to thirtv (30) davs, includino non-renewal the followinq vear, Sec. 82-370. - Notice of violation (a) Code compliance olficers shall issue 24-hour warning nolices for all non-life safety violations of this division. (b) No warning notices shall be required prior to the issuance of life safety violations and/or sidewalk cafe site plan violations, and such violations shall be corrected immediately. Life safety violations are defined as those conditions which, in lhe reasonable determination and judgment of the city manager, involve serious danger and/or risk to the public health, safety or welfare (including, without limitation, blocking pedestrian pathways and violations of the state accessibility code for building construction). Site plan violalions are defined to include those instances where the permittee is operating outside of the permitted sidewalk cafe area (as approved pursuant to subsection 82-382(bXO)) and shall include a table orlables sel up outside the approved boundaries of the sidewalk cafe site plan, and/or umbrellas, heaters, fans, bussing stations and other sidewalk cafe furniture found to be outside the approved site plan; but shall not be deemed to include instances where a chair or chairs are moved outside the approved boundaries of site plan by a sidewalk cafe patron(s). Sec, 82-381. - Permitted areas; conditional permit; city manager's right to remove sidewalk cafes (e) The city manager may cause the immediate removal, relocation and/or storage of all or part of a sidewalk cafe in emergency situations or for public safety considerations. Due to the volume of visitors expected, sidewalk cafes will not be permitted to reopen until 'l 1:00am on Tuesday November 1, 2016. This will allow sanitation crews the opportunity to clean up any debris on Lincoln Road. Should you have any questions regarding this matter, please feel free to contact me at 786.620.6978. Adrian Morales Lincoln Road Manager Cc: Jimmy Morales, City Manager Marcia Monserrat, Chief of Staff Eric Carpenter, Assistant City Manager/Public Works Director Jay Fink, Assistant Public Works Director Hernan Cardeno, Code Compliance Director We a* cammtilad lo poorl;rv1 *xct!i*$ pt[:ic rurrt.r ,r$ro.ier(; yfiWi1?*"ri onrJpir:y +r r:*r riixor] kopiccrl iisi:or coi]mtr.)it, 612 Page '1 ', I ii 1' ;'; i i:if At,.i i Department of Tourism and Cultural Development Office of Film & Event Production Management Special Events Permit Permit Number: 20L749 Date: 7O|2B/20L6 Event: Lincoln Road Halloween The producer of the following event has met the necessary requirements pursuant to the Special EventsPermit Requirements and Guidelines of the City of Miami Beach; Lincoln Road Halloween Lincoln Road Business Improvement District & The City of Miami Beach Event: Permittee: Contact: Address: Onsite Contact: Event Location 1: Neighborhood: Ivannia Van Arman 350 Lincoln Road, 2nd floor Ivannia Van Arman FL -33139 Fax: 305-517-1307 USA Phone: 305-600-0219 Mobile: 305-807-3736 Miami Beach Mobile: 305-807-3736 Lincoln Road - Washlngton Avenue to Alton Road Lincoln Road Begin Event Date End Event Date Start Hour End Hour Load-In Date Begin Hour End Hour Load-out Date Begin Hour End Hour 10/31/20t6 LO/37/2016 4;00 PM 2:00 AM LO/30/20L6 2:00 PM 4:00 PM to/31/2016 2:00 AM 4:00 AM Event Description: Event Elements: Estlmated Attendance: City Servlces: Sanitation Clean Up: The Llncoln Road Business Improvement District (LRBID) will be coordinating various outdoor activitles for the annual Halloween LNRD festivities. The City of Miami Beach and the LRBID wlll collectively present a singular event for Lincoln Road on Halloween, Event elements will include closure of all cross streets (Pennsylvanla, Meridian, Mlchlgan, Jefferson, Lennox) from Llncoln Lane South to Lincoln Lane North, with local and parking access only from 16 Street and 17 Street, with resident entry required. DJ performances on riders placed at locations on the cross streets/ per attached map and maintainlng 15' fire lane at all times. Vendor bars with participating businesses which have provided all requirements and liquor llcense at cut-outs using container bars that are not accessible to the general public at any time. Lincoln Lane South will be kept clear of all vehicles as an emergency access. Meridian will have no activatlons or bars, All liquor sates on public areas must end by 2pm. Participating bars: Juvia, Segafredo, Finnegant, Groovy's Pizza, Sushi Samba, Tapelia and World Out Games. Also see attached to this permit the entertainment schedule per block. 30000 Off-duty office notificatlon 305-673-7823. Event staffing lncludes off-duty Police officers handling all load-ln and load-out actlvities and all public safety and traffic needs for thls event. Street closure includes hard closure from Lincoln Lane South to Llncoln Lane North from Pennsylvania to Lennox, with soft closure/ local and parking access from 16th to 17th Streets up to Llncoln Lane. The closure will be in effect from LOI3L/16 at 2pm to Llltl16 at 4am. The closure will als6 load-in and load-out. Fire Depaftment has staffed according to the event needs. All City Depaftments have been notified. Event producers must execute an approved sanitation plan as part of their event. All arrangements and removal of garbage, trash, slngle stream recycling, and otherdebrlsare the sole responslblllty of the appllcant including but not limited to any of the surroundlng areas throughout the durauon of the event and immediately following it. Permits may not employ City trash cans and dumpsterc as their sanltation Applicants are required to meet sanitatlon standards to assure an adequate number of litter and recycling contalners are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litterefforts, At minimum, one recycling conhiner is required perdesignated trash collectlon area. Slngle stream rerycled materials must be removed separately from trash and taken to an appropriate recycling center. Glass containers and plastic straws are prohibited unless stated otherwise, Any Styrofoam and polystyrene food service items are strictlyprohibited. The event site and areas surrounding it must be restored to its original condition; failure to execute a proper sanitation plan will result in default of the security deposlt. Parklng Plan: Page 673 ot757 613 Page 2 Event attendees will park in various municipal and privately operated parking garages and meter parking in the surrounding areas. The P27 lot between Meridian and Jefferson will be closed and utilized for the staging of the Ctty's commandpost and central communications Center. It will also serve as the City services parking and deployment cente r. Shared Driver Locations: Uber: Location 1: Washlngton Avenue & 16 ST (in front of the McDonald's) Location 2: South of Lincoln Road on Alton Road (near the FedEx) Lyft; Location 1: North of Lincoln Road on Alton Road (in frontof Rosa Mexicano) l-ocation 2: Washington Avenue and 16th Street (NW side of 16th Street) A temporary Uberstation has been approved at the 1620 Alton Road lot to allowUber to stage for the night of Halloween from 5:00pm-3100am. Inclusive in these special per:missions is the allowance to place A frame signage directing Uber Drivers of park in the lot. Signage must be within the private lot and may not impede the public's right of way. Page 674 of 757 614 Permit Conditions: page 3 **THIS PERMIT MUST BE POSTED IN A CONSPICUOUS LOCATION, Failure to do so may resuli in a citation. NOISE/ EVENT ENTERTAINMENT:**This Special Events permit does not override or allow for violation of the Miami Dade County Noise Ordinance. Applicant shall abide by the Miami Dade County Noise Ordinance and City of Miami Beach ARTICLEIV NOISE section of the City Code.*xDl Entertainment fronr 4pm to 2am at stages along Lincoln road (see map). The Applicant has been advised that a special events permit does not grant allowance to violate the noise ordinance.**Should the applicant recelve a valid nolse complaint, this permit will automatically cancel and will not be valid for the remainder oF the event dates stated on this permit.**Liquor sales must end by 2:00am, BUILDING PERMITS/ CONDITIONS: Building Department permit for generators, They must be set up according to Fire's approval on the event siteplan. **xAllowed temporary structures which DO NOT require a building permit - portable generators rated at 5000 watts or less (must be enclosed by a fence or barricade, must have sound muffled to abide by noise ordinance; must include absorbent padding under it if on sand or grass; all cabling must be ADA compliant). A30" or less riser (for production purposes only; the public is not allowed on it at any time); tents measuring120'square feet total or less with three foot separation from each other or any structures if no electrical use involved; ten feet if electrical use involved,**Applicant/vendor is responsible for taking necessary measures to ensure public safety, AII cables placed inthe public right of way must be covered in electrical sleeve jackets and must be ADA accessible.**Any temporary structures not listed as part of this permit that are erected at the event site must have the approved building permit and requisite special inspector forms posted on the structure and available for inspection at all times. Fallure to do so ls a violation of this Special Event permit. EXTENSIONS/ PROVISIONS :x*This permit does not grant liquor extension beyond the allowed time frame of this permit.**All participants bars and restaurants have the proper liquor licenses and Insurance in place with the State and the City.*xThis permit does not allow expansion of the existing sidewalk caf6 permit's occupant content, as approved by Public Works. Existing occupant content must remaln in effect in all areas.**Sampling of Halloween candy is permitted by all Lincoln Road businesses within event parameters.** Any sales of non-alcoholic beverages on public property must meet brand alignment of Coca-Cola agreement with the City of Miaml Beach. Any deviation constitutes a vlolation of this permit and must cease immediately.**Any commercial filming on public property; whether produced, coordinated or approved by the permittee; within or relevant to the approved event area, must have an approved Miami Beach film permit. All drone (UAS) uses are prohibited in event area, whether above public or private property, and cannot be permitted by film permit in public event activations. Allowance of drone uses by permittee is a violation of this permit. STREET CLOSURES/ LANE REDUCNONS/ ROW PERMTTS:**street closure and right of way permlts approved by MBPD, PW. Appllcant MUST maintain 46" pedestrian access at all tlmes unless otherwise stated on this permlt. Referto the City Services/ publlc Safeiy section for detalls. **Unless otherwise stated in this permit, no closure, lane reduction ortraffic holds are permitted Monday -Friday from 7am to 9am and 4pm to 7pm. SIGN-OFF'S/ NEIGHBORHOOD REVIEW :*xCommunity revlewed.**Residential notices sent out, OTHER/ DISCLAIMER:x*The City of Miami Beach reserves the right to th is Events Permit at its discretlon,**Should any of the Special Event Permit cited and may forfeit the security deposit. be violated way, the appllcanVproducer will be APPROVED BY: immy L.les, City Manager irr*rr*ly Page 675 of757 615 Page 4 Permit Number: 201749 TERMS AND CONDITIONS OF SPECIAL EVENTS PERMIT AUTHORITY: This Perrnit is issued by the authority of the City Manager (the'Permittor'), forthe purpose of specialevents on public property, or private property where such event would not normally be allowed, pursuant totfre SpecialEvents Permit Regulations and Guidelines, as codified in City of Miami Beach Ordinance No. 2001-3302, as same may beamended from time to time (the Guidelines), PERMIT REQUIRED: This Permit is a public record and must be maintained and available for inspection at all times at thelocation on which the Event occurs. This Permit may not be assigned, altered, and/or the terms of this permit variedfrom by the Permittee without the prior written consent of the City of Miami Beach. This Permit shall not be valid unless approved and executed by the City Manager. COMPLIANCE WITH PERMITAND LAWS: Permittee agrees to comply with the terms and conditions of this Permit; the Guidelines (as may be amended from time to tirne); and with all applicable Federal, State, and local laws, regulations,ordinances, and rules. Non-compliance shall be subject to eniorcement by the City. through and including, but notlimited to, City Police, Code Compliance Officers, Fire Inspectors, or such other auihorities (whether City,-dtate, orFederal) having jurisdiction, and may further result in revocation of this Permit and/or cancellation, suspension, or earlytermination of the Event. The Permittor, or an authorized representative, may modify, suspend, or revoke this permit, at his/her sole dlscretion, including, but not limited to, such cases where the Permittor flnds that Permittee's activitiesand/or the Event is contrary to the health, safety and welfare of any person/ or that said activities are or will cause damage to real or personal property. INSURANCE: This Permit is granted subject to Permittee providing the City any and all applicable Certificate(s) ofInsurance, including general liability insurance, for bodily injury, death, property damage, and personal injuiy. AIIInsurance Ceftificate(s) must name the City of Miarni Beach as additional insured and policyholder. INDEMNIFICATION: In consideration of the City's approvalof this Permit, and the granting of the privilege herein, Permittee waives all claims against the City of Miami Beach, its officers, agents and employees, for loss dr damages caused by, arising out of, or in any way connected with the granting of this Permit or of the Event. permittee agrees toindemnify, defend and hold harmless the City of Miami Beach, its officers, agents and employees, from any and all alleged claims, loss, damage or liability caused by, arising out of, or in any way connecteO with the granting of thls Permit or of the Event. RISK: PermitteeacknowledgesthatitsuseofanyCityofMiami Beachfacllitiesand/orpropertyforpurposesofthis Permit and/or the Event, is at its own risk and expressly waives any right to make or prosecute claims or demands against the City of Mlaml Beach for any loss, inJury or damage which Permittee or its officers, agents, employees,guests, invitees, and any other persons or entities related to or associated with the Permittee and/or Event may sustain in the exercise of the permissions granted, or by reason of any defect, deficiency or impairrnent which may occur fromtime to time from any cause or the utilities or other services furnished, or for any loss resulting from fire, water, wind, civil cornmotion, riot, landslide, or acts of God. Permittee further understands and agrees tha[ all City property and facilities are offered in their'as is'condition with no representation or warranty, express or implied. REMOVALOF MATERIALS: The Permittee shallclean up and restore the Event location and allCity property and facilities hereon and/or related hereto as they were prior to the Event taking place, including, but not limited to, the removal of all temporary structures, equipment, trash and garbage removal, and any other reitoration of City property and facilities, as deemed necessary by the City. All such work shall be completed within the time specified'in the permit (i.e. load-out date), unless the City agrees in writing, that this may be done at a later time, In the event the permittee failsto comply, the City of Miami Beach may remove and restore same, and Permittee shall pay any costs incurred, Permittee agrees to pay the City of Miami Beach for damage to City of Miami Beach property and facilities resulting from operatlons undertaken by Permlttee. VENUE: This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcernent of SAMC ShAII IiC iN DAdC COUNtY, FIOTidA. CIW AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECTTO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT oR THE CONCESSTON AREA(S). Commencement of activity under this permit by a permittee or its agents, employees or subcontractorsconstitutes acceptance of the terms and conditions of this permit. The permittee shalt further ensure thatall employees, sponsors and guests of the special event comply with the terms and conditions of thispermit. All activity under this permit shall also be in compliance with all applicable federal, state, countyand municipal laws. This permit may be revoked at any time. Page 676 of757 616 66Gcc ^27OJJ I[EoN^ C333Pa #-5Y2E or.rcJ7 O g5frSxf+n bd- E8E?Ags gi" l:rE ii F-,9 >-Q $€ a[fi9: fEe EBEEE;*E - Eud al -hjrjrdc,Ng-6icj dolo{ t, ut rrrr - 9\.'o ao ao -6 ao l-ffiilllrll 2;;l io io ao zo -- rst-FF-F c) Ibl i{ i! i\ i{ i! Ul Fll o@l- o hlqSESH HulSdddd D,rt o o o 6 0\-Jt 60000 v6(l-o€@t()JE-l lr \ h^l U ,^:;l u< IisGql-g?5 9 e Hli;61 E I gIEgHfi E EHlr;iI;P fftuuuuu * EET33 U b ouvAflo E 5()<h<g+<>>>p0> llltlr e:P H '<. 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Oii() i'r =i.!f :: O.i5 .,:6.:Pio- ,: .] Di ., -ia'ojo. o.:c,: td 11 trE O iiiO r,!ei>.iot' C,).coo- G E 0)p t ao(-) o E oE o)o (l) E @ f;t co (u co'Eo oo)(d .A ^}l 6 a dofol((d E il 6 EooLc 0) o) (,, *( ooo)(0 a lJI o Eo e.C (U -ol3 ed -o T * 6o,EF C9oo FrI B ,*,*r ff = HETo {)atfoI ttr (1 .!- ull @g ",F/\ ^ lt a\Z a\ E .f @E; E =E=HB # AEhfr-Birrb<zo- @ F ,.'l qH ?l ffi' 5l 6\ url@Fl al C () () B €u\o J-C)c\n\u.6ZMI ll Id m\oo r-FOUC\O E E=< J s-co)o!6.ca = EI-vq +9a XY'1 aldG(r+gep H=m 617 WIND OF WORLD PRODUCTIONS RUNDOWN LINCOLN ROAD - HALLOWEEN LINE UP STAGE'A' 02:00pm * Sound check 08:00 PM a 10:30 PM - SHOWTIME - LOKKA 11:00 PM a 01:30 AM - SHOWTIME - JONATHAN MELDELSOHN STAGE "B" 05:00pm - Sound check 08:00 PM a 10:30 PM - SHOWTIME - BRITSIO 11:00 PM a 01:30 AM - SHOWTIME - JESHUA VEROES STAGE ''G'' 05:00pm - Sound check 08:00 PM a 10:30 PM - SHOWTIME - MAKI 11:00 PM a 01:30 AM - SHOWTIME - MARCO ALLEN STAGE "D" 05:00pm - Sound check 08:00 PM a '10:30 PM - SHOWTIME - ALLEN W|SH 11:OO PM A 01:30 AM . SHOWTIME _ VICTOR PORFIDIO STAGE "E' 02:00pm - Sound check 08:00 PM a 10:30 PM . SHOWTIME - MANNER 11:00 PM a 01:30 AM - SHOWTIME - CARLOS FRASSER NOTE: WoW will provide a flash drive with a selection of at the event while there are no DJs performing. electronic and rnixed music to be played 618 WIND OF WORLD PRODUCTIONS OTHER PERFORMERS Stilt Creatures: 3 sets of 15 min each- 5:15pm (around LR & Euclid)- 6:15pm (around LR & Drexel)- 7:15pm (around LR & Lenox) Dancers 5 sets of 20 min each 8:00pm though 1:30am LED Dancers (6) 3 sets of 40 min each. Dancers willperform along the Blvd (main locations TBD),- 9:00pm (around LR & Euclid)- 10:30pm (around LR & Lenox)- 12:00am (around LR & Euclid) Makeup Artist Groups of 4 Makeup artist - from 5:00pm to 10:00pm active at all times EVENT END: All DJs will be transported to their hotel at the end of the event at 2:30am 619 Ar\l/t/v\l BffiAtl{ City of Miomi Beoch, I /00 Convention Cenler Drive, Miomi Ber:ch, Florido 33I 39, www.miomibeochfi.gov OFFiCE OF IHE CIry MANAGER i el 3C 5.67 3.7 0 1 0, F ox 305. 67 3,77 82 ln the Matter of: Colony Theater Caf6, lnc. d/bia Segafredo Mark Soyka 1040 Lincoln Road Miami Beach, FL 33139 Sidewalk Cafe Permit No.: SC200OO12S FL Division of Corporations Doc No.: p9900AO7B4lz IAUAA6R ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Beatriz M. Capote, Registered Agent 111 Brickell Avenue Suite # 2200 Miami, FL 33131 Pursuant to Section 8-2-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6sare required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6Permit for a period of 24 days, effective January 8,2017 to January 31,20i7'for violations of theSpecial Events permit on October 31,2016, which specifically prohibited-expansion. ln a memorandum datod october 25,2016 delivered to all Lincoln Road sidewalk caf6 operators inreference to Halloween night 2016, ii advised that the City of Miami Beach would not be aliowing anyexpansion or modification to the existing approved layout of the sidewalk caf6s on Lincoln Road. ll alsostated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6permit. lT IS ORDERED and yo! 3re hereby notifiecl that pursuant to Sections 82-384 of the City of MiamiBeach Code of Laws and Ordinances and the duty, power and authority of the City Manager, ColonyTheater Caf6, lnc, d/b/a Segafredo is hereby to-GEASE YOUR SIDEWALK Cnfe OpEnAftOruSFROM JANUARY 8, 2017 to JANUARY 31, 2017 AND SHALL IMMEDIATELY TERMINATEOPERATIONS ON PUBLIC PROPERry, SIDEWALK CAFE FURNITURE MAY REMAIN BUTUMBRELLAS MUST BE CLOSED AND OPERATTONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals fromdecisions of the City Manager made pursuant to this division shall be to the Special Master inaccordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filedwithin 10 days of receiving this Order. ''- V)loC@NE,o FOer+q SIGNED AND ENTERED THIS 16th DA Page 680 of 757 OF DEC R,2016 620 AAIAMI ffiffiAilTi City of Miomi Beqch, I /00 Ccnvenlion Center Drive, Miomi 3eoch, Florido 33139, www,micmibeochfl.gov OFFICE OF THE CNY MANAGER Tel: 305.673,20 10, Fox: 305.673.77 B2 ln the Matter of: KNR Lincoln, LLC d/b/a Quattro Rony Seikaly 1014 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000019 FL Division of Corporations Doc No.: 105000006702 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS Jim City To: Karim Masri, Registered Agent 1691 Michigan Avenue STE 325 Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6 Fermit for a period of 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31, 2016, which specifically prohibited expansion, ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Flalloween night 2016,i|advised that the City of Miami Beach would not be allowing any expansion or rnodification to the existing approved layout of the sidewalk caf6s on Lincoln Road. lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Cafe permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, KNR Lincoln, LLC d/b/a Quattro is hereby to GEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8,2017 to JANUARY 31, 20{7 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof, Appeals must be filed within 10 days of receiving this Order. r$ iE**SIGNED AND ENTERED THIS 16th DA OF DECE R,20'16 t?(t{t6 "1q,L ? M*'Rdie:t" -rA ,$ q) Page 681 of757 621 AAIAAAIBffiACIi Ciry of Miami Beoch, lZ00 Conveniion Center Drive, Micmi 3eoch, Florido 33,)39, www.miomibecchll.gov OFFICE OF THE CIry MANAGER Tel: 305.673.70 10, F ox: 305.673,77 82 ln the Matter of: Stiff Upper Lip, Corp. d/b/a Finnegans Anthony J Karpawich 942 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC200007225 FL Division of Corporations Doc No.: P00000022228 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Jason De Castro, Registered Agent 942 Lincoln Road Miami Beach, FL 33139 Pursuant to Section B2-gB4 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Cafe Permit for a period of 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be allowing any expansion or modiflcation to the existing approved layout of the sidewalk caf6s on Lincoln Road. lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Cafe permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Stiff Upper Lip, Corp. d/b/a Finnegans is hereby to GEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8,2017 to JANUARY 31,2017 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIG PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filed within 10 days of receiving this Order. " prrc^ro h pgU SIGNED AND ENTERED THIS 16th DAY oF DEoEMBER, 2016 f /t ^ t{ ^ A 11i/ro &7/*Fa dq,t,fur.City Manager b) Page 682 ol 757 622 AAiAA,{iffiffiAtr$-{ City oI Miomi Beoch, 1700 Convenrion Center Drive, l/iomi Beoch, Florido 33139, wwvr,miomibeochli,gov OFFICE OF THE CIry MANAGER 1 el: 30 5.67 3.7 0 1 O, F ax: 30 5.673.77 82 ln the Matter of: Selin LLC d/b/a Groovys Erdem Aynali 938 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000225 FL Division of Corporations Doc No.: 11200015A419 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Steven Polisar, Registered Agent 407 Lincoln Road Suite 2a Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions, By way of this Order, I am suspending your Sidewalk Gaf6Permit for a period of 24 days, effective January 8,2017 to January.31,2011-for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators inreference to Halloween night 2016, it advised that the City of Miami Beach would not be aliowing any expansion or modification to the existing approved layout of the sidewalk caf6s on Lincoln Road. Ii als6 stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6permit. lT lS ORDERED and you_are hereby notified that pursuant to Sections 82-384 of the City of MiamiBeach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Setin ttC d/b/a Groovys is hereby to CEASE YoUR SIDEWALK CAFE opERATioNs FRoM .rnr,r[nny g, zO1TtO JANUARY 31, 2017 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY, SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals fromdecisions of the City Manager made pursuant to this division shall be to the Special Master inaccordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filedwithin 10 days of receiving this Order. O*ff n fitr*ei D"^,'(- SIGNED AND ENTERED rHrs 16th DAy oF DEoEMBER, 2016 l2,l-6, 1et6; Page 683 of 757 x A, o) 623 iV\IAAAI ffiffiACF-{ Ciryof Miomi Beoch, lT00ConvenliorCenlerDrive,Miomi Beoch, Forido33'l 3g,wrwv.miomibeochfl,gcv OFFICE OF THE CITY,\AANAGER f el: 305.673.7010, Fox: 305.673 .7782 ln the Matter of: Cibe Lincoln Road LLC d/b/a Sibilla Pier Mario Delrosso 833 Lincoln Rd. Miami Beach, FL 33'139 Sidewalk Caf6 Permit No.: SC20000334 FL Division of Corporations Doc No.: 101000009419 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Pier Mario Delrosso, Registered Agent 833 Lincoln Road Miami Beach, FL 33139 Pursuant to Section 82^384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Gaf6 Permit for a period of 24 days, effective January B, 2017 to January 31,2017 for violations of the Special Events permit on October 31, 2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be aliowing any expansion or modificatisn to the existing approved layout of the sidewalk caf6s on Lincoln Road. li also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6 permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, CIBE Lincoln Road LLC d/b/a Sibilla is hereby to CEASE YoUR STDEWALK CAFE opEiiATIONs FROM JANUARY 8,2017 to JANUARY 31,2017 AND SHALL IMMEDIATELY TERMINATE oPERATIoNS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY RENIAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant. to this division shall be to the Special Master in accordance with the set forth in sections 30-72 and 30-73 hereof. Appeals must be filed -Hffi:;;" SIGNED AND ENTERED THIS 16thLlral,L 7 ot p^A 'P0T{l tzto b\ ba,tlgue Tro Page 684 of 757 lltLauw a- YOF ER, 2016 624 A,A|AA tffimAC$-{ City of Miami Beoch, 1/00 Convention Center Drive, Miomi Beoch, Florido 33139, wvrw.miomibecchf .gov OFFICE OF IHE CITY MANAGTR T e : 3C5 .673 .7010 , tox: 3a5.673 .7782 ln the Matter of: Dal Toro Miami, LLC dlbla Puntino Lorenzo Barracco 719 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC2000034V FL Division of Corporations Doc No.: 111000074826 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Heater R. Killoch, Registered Agent 530 Ocean Drive Miami Beach, FL 33{39 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions, By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period of 24 days, effective January 8,2017 to January 31,2011for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be aliowing any expansion or modification to the existing approved layout of the sidewaik caf6s on Lincoln Road. li also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Cafe permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Dal ToroMiami, LLC d/b/a Puntino is hereby to CEASE YOUR SIDEWALK cAFE OirennloUs FRSM JANUARY 8,2017 to JANUARY 31,2017 AND SHALL IMMEDIATELY TERMINATE oPERATIoNS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to section 82-369 of the city of Miami Beach code of Laws decisions of the city Manager made pursuant to this division shall accordance with the procedures set forth in sections 30-72 and 30-73 and Ordinances, appeals from be to the Special Master in heroof. Appeals must be filed SIGNED AND ENTERED THIS 16th YOF R, 2016 N,*sAtw 4tu'os4^ 4sqlslevr: Wx,rgq€tVtr4r,(tb d" ffi yL. Manager Page 685 of 757 625 AAIAAAIMffiACh-I City of Miomi Beoch, I70C Convenlion Cenier Drive, Miomi Beoch, Florido 33'139, www.rriomibeochfl.gov OFFICE OF THE CIry MANAGER Tel 3a5.573 .7010, Fox: 305 673.7782 ln the Matter of: Sasun lncorporated dlbla Pizza Rustica Joseph L Piroso 667 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000220 FL Division of Corporations Doc No.: P03000122723 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Susan Tiffany LESQ, Registered Agent 605 Lincoln Road Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period of 24 days, effective January B, 2017 to January 31, 2A17 for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion, ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be allowing any expansion or modification to the existing approved layout of the sidewalk cafris on Lincoln Road, lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6 permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Sasun lncorporated dlbla Pizza Rustica is hereby to CEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8, 2017 to JANUARY 31,2A17 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 3G73 hereof. Appeals must be filed within 10 days of receiving this Order.,;J7 -<_JO SIGNED AND ENTERED THIS 16th DAY OF Jimmy$anq2"g- tz-l tc h v Page 686 of 757 LAZt/-City 2016 626 A iAA/,t ffiffiCr"-fi Cify of nAiomi Beqch, .1700 Convenlion Cenle. Driyo, Miomi Beoch, Florido 3313g, www.miomibeochll.gov OFFICE OF THE CITY MANAGER Tel: 305.673.70 :0, Fax: 3A5.673.7782 ln the Matter of: LE Minotenn, LLC d/b/a Barolo Stefano Frittella 626 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Cafe Permit No.. SC20000071--*- FL Division of Corporations Doc No.: L0700OO744}A ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIOiVS To: Stefano Frittella, Registered Agent 850 Ocean Drive Suite 203 MiamiBeach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6sare required to apply for any expansions. By way of this order, I am suspending your Sidewalk Caf6Permit for a periocl of 24 clays, effective January 8,2017 to January'31,20i7'for violations of theSpecial Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Cafe Operators inreference to Halloween night 2016, it advised that the City of Miami Beach would not be aliowing anyexpansion or modification to the existing approved layout of the sidewalk cafes on Lincoln Road. ll also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of MiamiBeach Code of Laws and Ordinances and the duty, power and authority of the City Manager, LEMinotenn, LLC d/b/a Barolo is hereby to cEA,sE ioun sIDEWALK GAFE opERAloNS-FRoM JANUARY 8,2017 tO JANUARY 31,2017 AND SHALL IMMEDIATELY TERMINATE OPERATIONSON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUSTBE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to $ection 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals fromdecislons of the City Manager made pursuant to this division shall be to the Special Master inaccordance with the procedures set forth in sections 30-72 and 3O-7g hereof. Appeals must be filedwithin 10 days of receiving this Order. SIGNED AND ENTERED THIS 16th DAY OF DECE Y\w,rrpr-vlrolt ''l;70 6no Irnrlr-oZ ER,2016 Page 687 of 757 627 A Mrr\A^tmffiAil$-{ Ciry of Miomi Beoch, 1700 Corrvenfion Cenler Drive, r\,liom OFiICE OF TI'.E CITT MANAGER Tel: 305.673.70 10, Fax: 3A5.673.7782 ln the Matterof: Reoch, Floridc 331 39, www.miomibeochfl.gov ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS RE & TA Lincoln Road, LLC d/b/a Aura Tacettin Yildirim 613 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000097 FL Division of Corporations Doc No.: 109000040369 To: Brito & Brito Accounting lnc., Registered Agent 407 Lincoln Road Ste 9a Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions, By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period of 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31, 2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be allowing any expansion ol modification to the existing approved layout of the sidewalk cafes on Lincoln Road. lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6 permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, RE & TA Lincoln Road, LLC d/b/a Aura is hereby to CEASE YOUR SIDEWALK CAFE OPERATTONS FROM JANUARY 8, 2017 to JANUARY 31,2017 AND SHALL IMMEDTATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK GAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filed SIGNED AND ENTERED THIS 1 rzl tult v G"LIJn 6.^ l{a ki", L 6'"za(nSff{lvD" SXS li ,l< lA4c^^ro r Jim L. Page 688 of 757 628 Ar\iA/frl ffiffiA{:E-{ City o{ Miomi Beoch, 1ZOC Convenlion Cenler Drive, Miomi Beoch. Florido 33139, wvrw,miomibocrchil.gov OFFICE OF THE CII'/ MANAGER I el: 305.673.7 01 0, F ox: 305.673.77 82 ln the Matter of: 607 Lincoln Road, LLC dibla Cantinetta Stefano Frittella 607 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Cafe Permit No.: SC20000121 FL Division of Corporations Doc No.: 110000035680 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Antonio Rizzi, Registered Agent 850 Ocean Drive Suite 203 Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period of 24 days, effective January B,2017 to January 31,2A17 for violations of the Special Events permit on October 31, 2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advisbd that the City of Miami Beach would not be allowing any expansion or modification to the exisling approved layout of the sidewalk caf6s on Lincoln Road, lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Cafe permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, 607 Lincoln Road, LLC d/b/a Cantinetta is hereby to CEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8, 2017 to JANUARY 31, 20f7 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filed within 10 days of receiving this Order. SIGNED AND ENTERED THIS 16th DAY OF e6/g Pn- LL/16 / 16 DN\O 5os')fi lqmefe" Page 689 of 757 2016 629 MtAMtffiffiAil"r-{ City of Miomi Beoch, 200 Conveniion Cerler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov OFFICE OF THE CITY MANAGER f el 305.673.7010, Fox: 3A5.673.7782 ln the Maiter of: Yuca Restaurant Company dlb/a Yuca Janet Suarez 501 Lincoln Rd, Miami Beach, FL 33139 Sidewalk Caf6 Permii No.: SC20000052 FL Division of Corporations Doc No.: P95000017606 ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Janet Suarez, Registered Agent 501 Lincoln Road Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period of 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31, 2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be allowing any expansion or modification to the existing approved layout of the sidewalk caf6s on Lincoln Road. lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6 permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Yuca Restaurant Company d/b/a Yuca is hereby to CEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8,2017 to JANUARY 31,2O1V AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE IVIAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST CEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filed within 10 days of receiving this Order, SIGNED AND ENTERED THIS 16th DAY OF DECEMBER, 2016 wnrk,bndi 4l7e5e'//g, .2* lG'?p/(,Page 690 of 757 City Manager 630 i\AIAAAiffiffiACh{ City of Miomi Beoch, 1700 Co,rventioo Cenler Drive, Miomr Beoc\, iloridcr 33 t39, www.miomibeoch{l.gov OFFICE OF THE CITY MANAGER Tel; 305,623./01 O, f.ax: 305.673 77 82 ln the Matter of: Lincoln Tobacco, lnc. d/b/a Deco Drive Cigars Laura Bevilacqua 414 Lincoln Rd. Miarni Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000238 FL Division of Corporations Doc No.: P05000037005 lo ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS To: Laura Bevilacqua, Registered Agent 1460 Ocean Drive Suite 304 Miami Beach, FL 33139 Pursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk caf6s are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Caf6 Permit for a period ol 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25,2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016, it advised that the City of Miami Beach would not be allowing any expansion or modification to the existing approved layout of the sidewalk caf6s on Lincoln Road. lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Cafe permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Manager, Lincoln Tobacco, lnc. d/b/a Deco Drive Cigars is hereby to CEASE YOUR SIDEV\IALK CAFE OPERATIONS FROM JANUARY 8, 2017 to JANUARY 31 , 2017 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST GEASE. Pursuant 82-369 of the ami Beach Code of Laws and Ordinances, appeals from decis pursuant to this division shall be to the Special Master in set forth in sections 30-72 and 30-73 hereof. Appeals must be filed this Order. SIGNED AND ENTERED THIS 16th DAY OF 6*F1,Yr4y- Ma orii ConmlTledlo Page 691 of 757 ,2016 631 AAiA/V\lffiffiAC["{ City of Miomi Beoch, i700 Convention Cenier Drive, Miomi Becch, OFFICE OF TI-]E CIry MANAGER Tel: 305.673.70 1 O, F ox 3C5.673.77 82 ln the Matter of: Florido 33'l 39, www.mionribeochll.gov ORDER TO SUSPEND SIDEWALK CAFE BUSINESS OPERATIONS Zorro Ventures, LLC d/b/a Enso Zohrab Gasparyan 433 Lincoln Rd. Miami Beach, FL 33139 Sidewalk Caf6 Permit No.: SC20000236 FL Division of Corporations Doc No.: 116000166429 To: Zohrab Gasparyan, Registered Agent 433 Lincoln Road Miami Beach, FL 33{39 Fursuant to Section 82-384 of the City of Miami Beach Code of Laws and Ordinances, sidewalk cafes are required to apply for any expansions. By way of this Order, I am suspending your Sidewalk Gaf6 Permit for a period of 24 days, effective January 8,2017 to January 31,2017 for violations of the Special Events permit on October 31,2016, which specifically prohibited expansion. ln a memorandum dated October 25, 2016 delivered to all Lincoln Road Sidewalk Caf6 Operators in reference to Halloween night 2016 it advised that the City of Miami Beach would not be allowing any expansion or modification to the existing approved layout of the sidewalk caf6s on Lincoln Road, lt also stated that failure to abide by this order would result in up to a 30 day suspension of the Sidewalk Caf6 permit. lT lS ORDERED and you are hereby notified that pursuant to Sections 82-384 of the City of Miami Beach Code of Laws and Ordinances and the duty, power and authority of the City Managet, Zorro Ventures, LLC dibla Enso is hereby to CEASE YOUR SIDEWALK CAFE OPERATIONS FROM JANUARY 8,2017 to JANUARY 31,2017 AND SHALL IMMEDIATELY TERMINATE OPERATIONS ON PUBLIC PROPERTY. SIDEWALK CAFE FURNITURE MAY REMAIN BUT UMBRELLAS MUST BE CLOSED AND OPERATIONS ON THE SIDEWALK MUST GEASE. Pursuant to Section 82-369 of the City of Miami Beach Code of Laws and Ordinances, appeals from decisions of the City Manager made pursuant to this division shall be to the Special Master in accordance with the procedures set forth in sections 30-72 and 30-73 hereof. Appeals must be filed within 10 days of receiving this Order. /3 -U " /6 fs! gn^ SIGNED AND ENTERED THIS 16I'DAY OF DECEMBER, 2016 frub.n €o*e,.'d,\- r(Cfiav7€*City Manager Page 692 ot 757 632 633 New Business and Commission Requests - Rg K MIAAAIBEACH GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: DISCUSSION AND REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES. ANALYSIS Please place on the January 11, 2017 Commission Agenda, a discussion and referral to Neighborhood/Community Affairs Committee: Creation of Legacy Business Registry and other possible programs designed to supporl and protect small businesses. Please visit the below links, which are also included as attachments: http ://leg acybusi nesssf . com http://www.curbed.com 12016110117113291184/small-business-gentrification-historic- preservation Legislative Tracking Commissioner Michael Grieco ATTACHMENTS: Description Page 693 of757 634 D D Attachment 1 Altm*hmnnt ? Page 694 of757 635 Vote Yes on.l - Preserve SF's Legacy Businesses TEEABY HUSIhIHSS HISTMMIT FAESERVATIBN Page 1 of4 IN THE NEWS HO!V IT WORKS ENDONSEMENTS THE TEGACY BUSINESS HISTORIC PRESERVATION FUND IS A FIRST IN THE NATION PROGRAM THAT RECOGNIZES 30+ YEAR OLD SMALL BUSINESSES AS HISTORIC ASSET$. GET INVOLVED D0ll/rTE lt{ Tl.lE NEWS C0NTACT r1 DO NAIE http : I I le gacybusine s s sf. c orn/ Page 695 of757 1212312016 636 Vote Yes on J - Prcserve SII's Legacy Businesses HowrrwoRKs ENDoRSEMENTS DoNATE tNTIIEHEWS coNTAer q ENDORSEMENTS Join our hroatj ct:alition of elected offlci.rls, neiglrborhclod leracJers, arrd hislorit l:i-e.rservation sts and Vote Yes orr PropJl Full list of Endorsernents Page 2 of4 ks Tavern - Since 1 935 BOARD OF SUPERVISORS Supervisor Jrrhn Avalr:s Supervisor London Bree,J Supervisor David Campos Supervisor Julie Ll rris lerrsen Supervisor Malia Cohen Super!isor lUark l-arrell Supervisor Jane KirD Supervisor Eric Mor Supervisor l(aty l ang Supervisor Soott Wienrlr Supervisor Norman Yee ORGANIZATIONS Anrerican lnstitute oI Ailrhitects, San Francisco Bay Area lleporler Caliiornia Music and CLrliurc Association California Preservalion Foundalion Chirieso CharrrlLer of Llomnrcrce Coalition for San Francisco Neighborhoods D5 Action Ilvolve-CA Golden Gate Restaur0nt Association I lai0ht-Ashbury Nei0hborhood Council Hispanic Chambers of Connnerce of San Francisoo Hospltal Cotncil of Noilhern & Central California Leaque of Pissed Off Voters National Trust for Historic Preservali0rr Sian Francisco African Anrerican Chamkr of Commerce San Flancisco Beautlful San Francisco 8ay Gtrardian San Francisco Council of Dislrlct Merchants Associations San Francisco Exafi tiner San Francisco Heritage San trancisco Human Services Network San Francisco Labor Council San Francisco League of Conservation Voters San Francisco Rising San Fiancisuo lenants Union San Franoisco Tomorrow Page 696 of757 Ayb.zam lap - sincg- I lat DEMOCRATIC CLUBS Alrican American Dernocratic Club Bornal l-leights Demooratic Clrrb Black Young Democrais of San Franr;isco 0entral City Dernoorats District 3 Dernocratic Club District 5 Demooratic Club District B Democratio Cluir District 11 Denrocralic ClLrb FDR Democratlc Club Harvey Milk LGB'l'Democratio Club Latina/o Youn0 Democrats of San Francisco New Avenues Democratic tl[rb Potrero Hill Dernocratic Club Richmond District Dem0cratic C[Ib San Froncisco Democra'tic Parly San Francisc0 Latino Democratic tllub llan Francisco Tech Democrats Son Francisco Young Democrats Ves-1vio--Cafe * Sfnce 1948 http : I I le gacybusine s ssf, c om/1212312016 637 Votc Yes on.l - Preserve SF's Legacy Busuresses Pagc 3 ol 4 San i:ri:nr:tsco \i/omen's Poli tical LHEAEY BU$lNffiffi$ Hrs T0 R r E pR E s E &.{&&1rrrrN SF.CiIi HOUI I$$MTdS ENDORSEMENTS DONATE South l.ieach Mission 3ay Business Associaticn VanishingSl: WHY WE NEED PROP J III THE NT}VS CONTACT VESUVIO CAFE ietr$an Franclsco is a world-class city known for hdependent and historic small buslnesses. But our legacy i.!.lJrestaurants, bars, retail stores, galleries, and nonprolits have never been more at risk. Over the pasl 1 5 years, San Francisco commercial ronts have risen by 256%. Otherwise healthy businesses thal act as anchors lor our commeroial conidors are being closed down for good. San Francisco businesses forced to close or relocale: 5ffiG 4.00m ln 2014 HOW ITWORKS ln jusl the pasI few years, San Franoisco has lost iconic irusinesses such as l',4arcus Books, Esta Noche, The Lexington Club, and The Empress of Ohina (pictured above) THE LEGACY BUSINESS REGISTRY THE TEGACY BUSINESS HISTORIC PRESERVATT0N FUND (PR0P J) hltp : I lle gacybusines ssf. c om/ Page 697 o1757 t2/23t20t6 638 Page 4 of4Vote Yes on .J - Pleserve SF's Legacy Bnsinesses 'Away{<lrtheCiiytorecognize30+yearoldsmall .Createsalirst-in-the-naliongranlproqratn: f*-: e'Effi &,ffi H.&l'l,Sl&*,ESS l+ru ktHIffiTUlilS pRHSERV,*TIUN 'ForLesacyBusinesses,annualsrantol$500per \-fO unanirnously by the Board oI Supervisors in employee, with a cap of 100 employees, March 20'15 How ,'woRxs rruoonsrdrfr'9ffroffiypyperqgls€sasUendgil#tqnser q ' Open to 300 business and nonprolits a year . Scheduled to begin accepting applications in late September 201 5, LEARI'] MORE O 2Crl6 l)reserre Legaijy tlusinesses in 3l- t,aiij f,n by Uit I tircisodns hr Pfa$crving L.c0aiy tsusiles$es - f PPC# ] 3781r0 leases lo Legacy Businesses, annual grant of $4.50 per square foot, with a cap of 5,000 square feet, LEARN I\tOR€ ltttp : / / le gacyb us i nes s s f. c om/ Page 698 of757 1212312016 639 Hor.r, can cities save their small businesses? - Cr"rrbed t p ffirffi TWEE'I' SHARE ',i,&d. TRENDINC TOPIC5 IjANDBOOI( Cl"llES " Page I of21 trJr PROPERTY LINES Hovw cem ef,tfles sawe their smatl husfrmesses? New ideos and city initiatives fire trying fo solye c crisis that threstens the sfores ond shops thof mal<e our cifies unique BY PATRtCt( STSSON | 0CT 17, 20'16, 10:01AM IDT TWEET SHARE PIN REC Ctosed store in Qlteen Anne neighborhood of Seattte I Curtis {ronnr Flicl(r./Creative Commons Page 699 of757 htqr://r,wwv,cnrbed.com 120161101171132911 84/smal1-business-gentrification-historic-pres,., 1212320t6 640 -Lkru, can cities save their sn-rall bLrsinesses? - Culbed Page2 of21 WhileJeeJu swift rise and boorninq realnestate prices have rernacle the stores ancl ,trfAT&BE;]'rancisco, #iihri.rini creative l)esign, a srnall rnetalworking shop on Grant Street in Telegraph Hill, remains distinctly old-fashioned. It's not just the antiqr"rarian sight of a forge or the clinking sounds of blacksrnithing. Founded ulore than 6o years ago by jeweler and artisan Peter Macchiarini, a rnan who counted Frida Ifuhlo as a friend and forged a lvedding ring for Beat Generation figurehead Neal Cassidy, the store has literally and figuratively forged a link to the past, a clirect connecLion to the city's more boheinian era. It even helped organize one of the country's first artist-run street fairs in the nation in the '3os. Ask current owner Daniel Macchiarini, Patrick's son, about the rent, and he quickly shifts from nostalgia to lvorry. "It's a huge problern for retailers," says Macchiarini. "We've been in business for 67 years and my father was run out of three places due to rent increases by the landlords. They're not looking for guys like us, they're looking for a restaurant or bar so they can charge more rent." Page 700 of757 http://u,wu,.cu'becl.com 12016110117113291184/sma11-bnsiness-gentrilication-historic-ples,,. 1212312016 641 I-Iorv can cilics sarve their small br"rsinesses? - Cr.trbecl Page 3 o1'21 Like anyone rnho's gro\,vn up in one of the most rapiclly gentrify-ing cities in the country, which earued the distinction of having the country's higirest office rents, Macchiarini has seen plenty of change over the last few decades: the sme1l of sourdottgh balcing ancl coffee roasting, an everyday feature of the area near the store when it was lined with Italian bakeries, has disappeared. His father opened the farnily business in the '4os ancl'5os, one of many artists who, attracted by cheap rents, helped developed this neighborhood into a magnet for bohemians, and then waves of new businesses. Macchiarini's has managed to hold on, despite an increasingly difficult real estate landscape, r,vhere rising rents seem as certain as gravity and many other small businesses have called it qr.rits. "We hang in there and manage," Macchiarini says. "That's the magic and the miracle of r,vhat we do, and speaks to the dynamism and creativity of our business. I've been lucky enough to work with my father, and now my daughter. What's better than that?" When manyAmericans talk about what they like about where they live, often, long- established fixtures such as Macchiarini's are the first things they list. Smali, independent, often family-run stores not only knit neighborhood's together, they provide a sense of place and uniqueness. But as Macchiarini noted, hanging on in the face of commercial pressures can sometimes feel like a miracle. According to Afforclable Space: How Rising Cornmercial Rents Are T'hreatening Inclependent Businesses, and What Cities Arc Doing About It, a report released by the Institute for Local Self-Reliance (ILSR) earlier this year, commercial rent for small businesses isn't an issue, it's a crisis, skyrocketing by double-digit rates in cities across the country (rz% in Cleveland and Milwaukee, and z6%in Charleston). One member of a chamber of commerce in Queens, NewYork, said the displacement of independent retailers in her neighborhood was "like a tsunami." Page 701 of757 http://www.curbed.com l20l6ll0lt7l13291184lsmall-business-gentrifioation-historic-pres... 1212312016 642 IIou, can cities save their srnall businesses?Curbed Page 4 of21 a (lrttp://r clescripti 3A-ll.isir 3A'++lrtt 349(, 2F'% zIaPPs.r zFat% zFculbe, rising- retail- reuts-a- problem nationwt to/"zF%' 3Futm-r 3Dsocia) 26utrn_l f 3Dpinter Y (https:/7 3A% (http://tredirect_ zF96 status =Cbusiness2Fapps.l Rising gentriftc zF al96 Retail historic-2Fctu'be{ Rents a preserva rising- Problembusiness retail- Nationwgentrifi c rents-a- http : //whistori c-probleur businesspres en'anati onwj gentri{ic Ptising t%zFYo historic- Retail 3Futm_r preserva Rents a 3Dsocial via Problemz6utm_r @ curbeiNationw3Dpinter'( >',ii:( > ,.;>',1 I\,Vtlt: I SHARE Rising Retail Rents a Problem Nationwide Data from the Affordabie Space report shows how rapidly rising rents are affecting small "Small businesses are being squeezed on the supply and clemand side," says OlMa LaVecchia, an ILSR researcher who co-authored the report. "On the demand side, cities are booming, with increased demand for walkable storefronts, and national chains moving in to make the space crunch even worse. And on the supply side, the built environment is also changing. Newer developments often have larger retail Page 702 of 757 http://www,curbed.com 12016110117113291184/sma1l-business-gentrification-historic-pres.., 1212312016 r7ffiEh 643 FIow can cities save tlieir small businesses? - Curbecl Page 5 of2i spajgg{fl{or national brands with iarqe footprints. New space for smailer b L, mebB.B [S,}..."uri,rsli Iff ;. " While numerous cities and neighborhoods have local business associations and local businesses assistance, as well as programs to recognize decade's-old stores, many think that's not nearly strong enough of a response to the problem. Independent businesses are often the canaries in the coal mine of gentrification, and successfui urban development has driven out rnany classic stores and businesses; commercial lend.ers and banks, seeking the stability that chain stores offer over mom-and-pops, often farror big narnes, putting further pressure on independent stores. Supporting small businesses is perhaps one of the f'ew bipartisan cliches left in politics; why can't we come up with measures to help? Many are trying. One of the most interesting of a slate of new rneasures being debated and considered is San Francisco's Legacy Business Registry and Preservation Funcl, established by public vote a year ago. Placed before the voters as Proposition J and set up to aid historic small businesses, the measure not only puts the city's promotional muscle behind businesses such as Macchiarini Creative Design, which is part of the inaugural class of nominees, but also promises to provide an empioyment subsidy ($Soo annually per full-time worker), as well as a rent subsidy for their landlord if they can agree to a ro-year lease ($+.So per square foot per, with a cap of 5,ooo square feet). Final program details are still being worked out, but during interviews with staff at the city's Office of Small Business, which administers the Legacy program, numerolls employees said they're swamped with applications. Page 703 of757 hflp:llwww,curbed.com/2016110117113291184/small-business-gentrification-historic-pres... 12123/2016 644 FIow can cities save their srnall businesses? r Curbed Page 6 oi'21 It's a progressive measLlre, the kind you might expect to emerge from San Francisco, a wealthy city that, Iike many others, has mixed ernotions about gentrification and change. But it also exposes the difficult qtiestions that come from attempting to preserve something as relatively ephemeral as an enterprise. Why support famous, olcler businesses instead of encouraging ner,v ones? Does this initiative interfere with the real estate market? Should the free market be negotiated? Ahistorical building is a lot easier to landmark and protect, as scores of adaptive reuse projects in warehouses and factories across the country clearly suggest, than the original tenants. Andrew Berman, executive director of the Greenwich Village Society for Historic Preservation in I,Tew Yorl< City, which often supports small bursinesses threatened by rising rents, says it's a tricky balance. "Landmark provisions only regulates the physical structure, and there aren't really protections for commercial tenants," he says. "It's sort of a hollow, or even hollowed- out, victory to preserve an old building without preserving the business." A new foeus for historie preservation The effort to preserve small businesses in the Bay Area grew out the efforts of local preservation group San Francisco Heritage. According to president, Mike Buhler, the organization realized that, in the face of rapid turnover in many city neighborhoods, a different set of tools were required. The case of the Gold Dust Lounge-a Union Square fixture since r9r8 where Janis Joplin once drank, which was forced to relocate in zorz to Fisherman's Wharf-was a wakeup ca1l, since traditional pres ervation was ineffective. Page 704 of 757 http://www.curbed.com 12016110117113291184/small-business-gentrification-historic-pres... 1212312016 645 I-Iow can cities save theil small bnsinesses? - Curbed PageT ol21 Sf $I-$'es.!orted a prograrn to recognloze legacyhars and restaurants, and tr12o).4, ,,r6"n-U/,B$Crilo.t, st"rri,liiii ,u,r lirancisco's Living l-Ieritage, noting that "the fr.r..uution issue of the moment: how to conserve the city's cultural and social heritage." Like the Greenwich Village Society in New York, as well as the Nationirl 'Irust for Historic Preservation, which has also supported legacy business programs, preservationist.s are getting more involved in protecting this aspect of urban cultule. "These srnall businesses offer connection with a neigirborhood, and an unparalleled sense of place," says Buhler. "That's why people are so distressed by the recurring closures of legacy businesses. We felt we needed to look outside the tools we normally use to save buildings, to help save these neighborhood anchors." The neon sign outsicle Twin Peaks, a historic LCBT tlar in 5an Francisco lhat's part of the 5F Heritage Legacy Bar and Resta:lrants project lhomas Haurll Flicltr/Creative Colnrons . Traditional landmarking and recognition wasn't working; while it can raise awareness and even generate customers, it doesn't stop rent increases, evictions, Page 705 of757 http://wwiv,curbed.com 12016110117113291184/sma11-business-gentrification-historic-pres. ., 1212312016 i fl646 IIow can cities save their small businesses? - Curbed Page fi of 21 chalig5lgos"ffth leadership s_u_ccession, and other factors that threaten longtime irm#SHSBh'. r'run.irJliilu rrua u p#,lioro Business I{estrictio}ls on the boohs since 2oo4,which discourag., .fruin stores by making licensing dependent on a Planning Cotrncil vote, and in the case of big box stores, an economic impact analysis. That does even the playing field, but what if the playing fietd itself is shifting due to sklrocketing rents? SF Heritage and others decided more dramatic steps were needed, and dlafted the proposed legislation that would become the Legacy Business Registry. The first-of- it's-kind act makes businesses go years or older that are nominated by city supervisors of the Mayor eligible for an employee and rent subsidy. According to Regina Dick-Endrizzi, the Executive Director of the city's Office of Small Bttsiness, which is overseeing the Legacy Business program, there's nearly gz million set aside from the city's general fund to support the program. So far, nine businesses including Maccharini ]rave been named to the inaugural class, but she expects many more, since the law allows up to goo new businesses a year, and there's no shortage of San Francisco neighborhoods affected by rent issues, "It's all about land use demand," she says. "We're just seeing phenomenal increases in rent." Many businesses have applied, and there have been complaints from potential Legacy Businesses that implernentation and rollout have been slow and uneven. Dick-Bndrizzi says the specifics of the rent and employee subsidies are still being ironed out, and she hopes to have a proposal finalized by October 24, details welcomed by the businesses accepted or applying for l,egacy statlls. Cornmunity lSoards, a non-profit organization that teach conflict resolution techniques, was part of the inaugural class. According to the organization's community director Jim Garrison, being a non-profit renting space in San Francisco can feel like "walking around with a bull's eye on your back"-you're always wondering who's next to be forced to vacate or close. The organization welcomes the city's support-on the verge of its 4oth anniversary, they're branding everyLhing Page 706 of757 http://www.curbed.com 12016110117113291184/srnall-business-gentrification-historic-pres. .. 1212312016 647 Iior.r,can cities save thc.ir small busincsses'/ - Curbed Pagc 9 ol 21 n'ithlg4-ey-ryht nort'-but thc soccifics of the prograrn may not work as lvell as ,.,f,*ffi8sffifu.,.. TWEEr "I don't know any landlord willing to provide a lo-year lease," he says. "We've movecl between three different locations since I started, and we're now in a great spot in Opera Plaza, r,l'hich is near a 1ot of the organizations we partner with. The problem is, there are no other alternative spaces we can afford in the city." Garrison says that leadership is currently negotiating its lease, but with the added hurdle of securing a 1o-year agreement to tap the Legacy program's subsidies, it's become more ditficult. "We don't know what'll happen on the other end of the negotiation," he says. Some have questioned the efficacy of the Legacy program, suggesting it may encourage f'avoritism, both from the politicians who bestow the Legacy status and the landlords seeking out the type of business that will provide them extra. Others just feel the city shouldn't muddy the natural business cycle. http://www.curbecl,com l2ot6/1olt7l1329ltfft-"#ff1],ilrr-*.",rification-historic-pres... 12123/2016 648 Flor.r,can cilies save their small br-rsinesses? - Curbecl Page 10 of21 I-aVecchi.a*feeis that criticisp;,is Lrnfair,cspecially consid.ering how rnany tax batements, ancl subsidies flow towards big btrsinesses in the city,i,,ffitfiB$,[& especially tech films .In zot4,the so-called "'l'witte, 'l'a*" cost the .ity 53a million. "There's something flashy and attractive with bringing in big businesses," she says, "but these small businesses are the ones adding economic vitality and mobility to the city." Gornplieatiosns enrd Ghallenges in Nernr York City New York City also off'ers a good test case about the challenges and complexities of the issue. Ahmad El-Najjar works for Take Back NYC, a coaiition of smal1 businesses, advocacy groups, and residents campaigning for independent businesses in the city. FIe says crisis isn't the right word to use to describe the situation small businesses find themselves in right now. That's an understatement. "f'he eviction rate is higher under Mayor de Blasio than it was under Bloomberg," he says. "It's now at a little over Soo bnsinesses a month being evicted, most of those due to leases coming to term." According to statistics cited by E1-Najjar, the approximately 2zo,ooo small businesses in New York City employ half the city's workforce and provide a gateway to social mobility, especially in the Bronx, Brooklyn and Queens. And while there are plenty of city programs and support initiatives for these businesses, there isn't training or a loan program that can cover a sudden, massive rent increase. The rise in online shopping has also taken a heavy toll on many local retailers. Consumers vote with their pocketbooks, and the savings offered by stores such as Amazon have cut sharply into independent businesses. According to an analysis prepared by Civic Economics for the American Booksellers Association, Amazon sold $++.t billion in retail goods in zor4. The report estimates that sales volume was the equivalent of 3t,ooo retail storefronts operating on 1o7 million square feet of commercial space, which woulcl have generated $4zo million in property taxes. Page 708 of757 lrttp://www.curbed.coml20I6l10l17l13291184lsmall-business-gentrification-historic-pres.., 1212312016 649 I lorv can cities save their srnall businesses? - CLrrbed Page 1 1 of21 $$$sdli, .,r\ rr{ cr Three Lives & Conrpany Bool<store in Creenvvich Vitiage, New Ycrk, rvl:ich has been open since 1968 and whose owner r€)ce ntlV s;lirJ far:e s incre;:sing pressrrre from potentiaI rent increases | 6arr*tt Ziesler: Flidtr(r./(reativcl Conrrnonr 'Io help support these businesses, Take Bzrck NYC and its alties and politicians have promoted the Small Business Job Survival Act (SBJSA). 'Ihe act would. help ornmers of these enterprises by providing more slrpport during lease renewal and renegotiation. Commercial tenants would receive a minimum 1o-year lease with a first right of refusal, a restriction that would forhid owners from passing on property taxes to renters, and third-party arbitration for rent disputes if fair terrns can't be worked out. The act promises to end rent-gouging and other alleged unfair practices by landlords. Berman believes this program is just the tool he's looking for to save legacy businesses. Page 709 of757 http://www.curbed.com 1201,6110117113291184/small-business-gentlification-historic-pres... 1212312016 650 FIow can cities save theil srnall lrusinesses? - Curbed Page 12 of21 "Rary!r.!@re a week thtrtgoes bv whgg;,ge don't hear about a neighbolhood inJffiitt$B EtilI', threatenecl or ciosecl," he says. "Ancl this isn't based on pure sentimentality. Successful, profitable businesses are forced to move. Look at Three Lives Books, a fanred local bookstore that's now nervously waiting through a month- to-month lease after their landlord sold the building to condo developers." According to Berman, the act has the support of a rnajority of the city council, including Council Member Annabel Palnra, who represents a district in the Bronx and introduced the SBJSA to the council rn 2ot4. While legacy stores in high-rent neighborhoods such as Greenwich Village or the Upper East Side may get rrore press, businesses in the outer boroughs are facing a lot more presslrre. Business evictions in the Bronx were up So percent in zot4, due in part, says Palma, to "landlords who oftentimes possess far more resotrrces and leverage to impose their wiil." "Label me a sentimentalist, but I still believe this counts for something," she says, "OLlr city is in the midst of a gradual transformation; I woul.d hate to see it lose its soul because profit is being placed above and beyond the needs and concerns of those who may not possess the negotiating tools and leverage to cultivate more favorable leasing terms. I stand for this; I stand for the small business operators who are looking to continue to be a part of our city's revitalization." One would think the SBJSA would be a great and necessary tool, offering rnom-and- pops a leg up as chains continue to expand their footprint in NewYork City, A report by the Center for an Urban Future found a l percent inereases in chain stores in the five boroughs in zor5 (including 568 Dunkin Donuts). But the bill, which has been floating around. the Cit5r Council in one form or another, hasn't been put up for a vote, or even gotten a com.mittee hearing. Page 710 of757 http://www.curbed.com 12016110117113291184/small-business-gentrification-historic-pres.,, 1212312016 651 FIow can citics save tircir srnall businesses? - Curbecl l']age l3 of 21 "'l'here are a number of influential stakeholclers u,ho consider this bill problematic in that it curtaiis the profits for many in the real estate industry," says Palma. "Within the Council itself, there is ambivalence on this matter dr-re to some members--the leadership included--not feeling especially inciined to officially support this legislation." An inquiry to the Real Bstate Board of New York about the law produced no official statement. But a spokesman pointed to the following eclitorial, by James R. O'Neill, who works for Brooklyn-based CPEX Real Estate Services NewYork. I{e argued that the bill would be "incredibly disadvantageous to new and growing businesses" by diminishing the supply of available commercial space, would bring uncertainty to the market due to prolonged lease negotiations, potentialiy leading to chronic vacancies, and finally, solves a problem that doesn't exist. "As a neighborhoocl resident, I've watched restaurants, bars, shops and clubs come and go," he writers. "The strong ones have remained, and the weak ones have either adapted or 1eft. As communities grow and change, businesses that are priced out of hot commercial strips move to the periphery of the neighborhoocl, bringing exciting new shops and services to these areas. In order to succeed in any aspect oflife, people and businesses have to adapt to change, and it should not be the government's role to foster stagnation," trf the rent's too damn high, urhy not push owxrership? Page711 of757 http://www.curbed.com 12016110117113291184/sma11-business-gentriflcation-historic-pres, ,. 1212312016 652 Ilou,can cities savc thcir small busincsses? - Curbccl Page 14 ol21 With scEma.ny challenges 13i]iing it hard toprovide r:ental reiief for comrncrcial ,.ffiF,HffiI renting i.',1iJ'p.luem. while it's ricliculous to suggest the corner hardwar:e store just pinch a few pennies so it can afford to buy the pricey building it operates out of, a new model in Minneapolis, Minnesota, has shor.vn many that olvnership, or at least collective or+rrership, is a possibility. Founded in zott, the Nortirlfast Investment Cooperative wasn't set up to be a business incubator or small business $oup. A group of citizens in an outlying area of Minneapolis, inspired by their local fbod co-op and frustrated by the lack of more change in their neighborhood, decided to be their orvn neighborfioocl developers, and collecLively purchased, a former mattress warehouse on Cental Avenue. "We were all frustrated by lacl< of action in terms of rejuvenating this part of town," says Chris Bubser, an architect and chair of the group's Proper(y and'Ienant Committee." It just seemed like a coop might provide a little more boost and help people want to become a part of the change." Fair & Stato, a cooperative brewery in Minneapolis that operates insicle a NorthEast lnvestrxent Cooperative space I NorthEast I nvestrncnt Cooperative The mission, Bubser says, was promoting the community, not businesses. But fiose two goals went hand in harrd. Over the five years the group has been in business, they've picked up a pair of commercial spaces and rented them out to local tenants that provided services they wanted, including Recovery Bike Shop, Aki's Bakehouse bakery, and Fair State, a cooperative brewer. Since the NEIC is more concerned about the neighborhood thriving than pure profit, they offered more flexibility, often http:/iwww.ourbed.com 12016110l17lr32g1rfft#,Tl]iu,l"rr-e"n rification-historic-pres, ., 1212312016 653 I-Ioy, can citics save thcir sr-nall br"rsincsses? - Cr-rrbcd Page 15 ol21 1d retrofitting spaces to serve the businesses they want in their'--* "tt.Jrr r 3ilAR[$.rril -T\vrrr "We're try.rng to be a catalyst for change in [he cornmunity, and while our rental rates are fair, they're not super Iow," says Bubser. " But for us, keeping the right tenant is mor:e important than making a whole lot of money." The stakes to become an investor are manageable and relatively small, just $r,ooo. And as Bubser and others see their initial efforts mtrltiply, with more and more local investors sinking money into adjacent projects, they feel their rnodel is working. The group's second property is located a few miles from the original because they've been outbid by other developers, who see more opportunity in the neighborhood since the NEIC began. "It feels so different shopping at a store that you orAm," Bubser says. "We have a cornmunity bike shop now. It's close, I know the owners and the peclple working there. It's a whole different f'eeling." Bubser and the NBIC experiment is relatively snrall. But he says it's already spurred interest trom around the country and overseas, inclucling the ldewYolk City Real Estate Investrnettt Coope rative, which is trying to purchase its first property by 2oL7. Other cities have started similar initiatives, such as Salt Lake City, have been toyrng with a "Btty Your Building" program for small business owners. While the logistics and funding for such programs seem challenging at best, especially for red-hot markets such as NewYork or San Francisco, they present a model for civic engagement and connection, pushing local control of the urban landscape at a time when many feel bigger market forces are displacing and uprooting the stores they hold dear. "Preserving legacy is important," says Maccharini. "You don't hnow where you're going untilyou know where you've been. North Beach and Chinatown are the heart and soul of the San Francisco, and they're not just important for the city, they're impoftant incubators for new businesses, too." Page 713 of 757 http://r,vww.curbed.com 12016l10l17l13291184/small-business-gentrification-historic-pres... 1212312016 654 Horv can cities save theil small businesses? - Ctirbecl Page 1 6 of21 I-ike Aflfo+dable housing, corr]mercial rent support or stabilization for small b.'m[8& bt?r, u ,.ril#iilirer,v chal];ll;f ;r.eservation sroLrps a,d city ofrlciais. The relative handfLrl of real successes pales in comparison to the nurnber of loses that preservationists, neighborhood gror-rps, and loyal patrons have suffered ovel the last few decades. Perhaps the greatest irony about the situation is, like many aspects of cities that helped spur the current renaissance, they're a victim of the current success of our urban areas. Hopefully a solution can be found and impiemented, before much more of the character and soul of these places gets lost. Pittsburgh's industriaI past fuels tech*focused future 10 rising U.S. cities wlrere homeownership is affordabte Booming Charl.otte buitds out and grapp[es with growth Forecasting Washington, 0.C., development in the Trunrp era San Diego's burgeoning new tech hurb poised to reshape do'orntown Downtown Phoenix, once an afterthought, now a residentiaI hotspot NEWSLETTER Your Emall By signing up you agree to our terms of use. $end Curbed a tip Recomrnended :_::::.:...,,::r..::,..::a.:.::.:..:::::...|i.:-_1,)t lrfi#:i:aZ:t:::i.r.t,riitt:.:':j/lii:;i= Page 714 of 757 http://www.curbed.com 120161101t7113291184/sma11-business-gentrification-historic-pres. ,, 1212312016 CO 655 How,can cities save their small businesses? - Curbed Page i7 of2i 5 Plurs Size Dress Stytes That Witt Flertter This Sponsorerl I Macys.corl'l 'Everything But The House'ls the Best Vintaqe Sponsored I EBTI-l.conr 5 affordabte rnoclern prefab houses vou can buv 3 ProclLrctivity llacl<s For Your Tech Teanr Sponsored I P[uratsight Tlrese There's sustainable Nothing Quite prefab hornes as Homey as a are rrreant to Bed Hanqinq Recontnrended by THERE ARE 5 COMMET.ITS. stache This is too 'encased in amber' for me. lf you travet around the wortd you see the same stores everywhere, lt's jr-rst . the way we're headed, economy of scate. Posted on Oct 17,2016 I I:03 PM connectedspace Yeah, I hate lhe retentless'CVS/Chase/Big Box'nrarch as much as the next guy. But the only sotutlon to this is suppty. No more parking lots, parklng garages, downzonlng or monolitlric walls. Streets must be filLed with doorways and wlndows and almost att of those shoutd be storefronts. Buitd arcades. Hell, even bulld three story arcades, which cities tlke London beautifulty exemptify. Look at thls one in SydneV. SHOW IMAGE Do that. There has to be room for the tittte retailers after the big guys bite off att they can chew. And that m€ans supply, suppty, supply. Legistative fossitizing witl simpty destroy markets and freeze out newcomers. We have rent control as a [egacy of such stupldlty. Don't apply lt to commerclalreatestate, too. Posted on Oct t8,2Ot6 l4rO3 AM Buster5T connectedspacer I believe you are showing me a plcture of a mall. There are tons of them in the US. Stitt didn't keep my tocal hardware store f rom being priced out of his space that he's been in for 50+ years or the localcoffee shop, Page 715 of757 http:llwww,curbed.com l20l6l10l17l1329l184lsmall-business-gentrification-historic-pres,. . 1212312016 656 F]or,v can cities save their srnall businesses? - Curbed Page 18 oi'21 etc etc. Chanqe may be inevitab[e, but I think it sucksl When I travel across the pond I don't tike to find McDonald's or ftffn tHT rind L.CA - BuElFrEssES 'noi soBIsrE Posted ()n oct 18, 2015 l q'2t Pt t Atz Junl<yard Ttlls articte is a great summary of what sonre of our larger cities are doing to preserve a sense of corlrnunity that residents seems to treasure at heart, even if they stitt get in their cars and drive to WM. lthink that without the eff ort, wonderfutsmau businesses woutd drift away and the naysayers woutdn't even notlce untit it ls too late, How nrany sma[[ towns cannot get their [oca[ grocer back because the consumers have already moved on? lts great t0 at [east try to retain those smatl. bLlsinesses. The ones that emptoy the tess empLoyabte, that are subject to every sinqte rute on the bool<, that provide extra customer service. Posted on Oct 18,2016 | 4137 PM travell<ing Smalt stores, "Buh By". Hard to keep up with technotogy (web design,/maintenance), coupon offers/acceptance, cLrstomer service/showcasin g, etc. Posted on Oct 22,2016 I 116 PM Something to say? Log in or sign up THE LATEST CREEN DESICN URBAN PLANNING Gitf,es ffighting elimmte change: a hopeful story from AOLG BY PATRICI( SI55ON Urban centers contiuue to become centers of green innovation and roasons for cautious optinrism for environmentalists. 1, 0* sH0PptNc Page 716 oI 757 http://www,curbed.com/2016/10117113291184/sma11-business-gentrification-historic-pres... 1212312016 657 Ilorv can cities savc their srnall businesses? - Curbed Paqe 19 ol'27 BY SELINA CHEAH, JESSICA DAILEY, AND ASAD SYRI(ETT \{e've ronnclecl up r7 ofthe year's best books about architecture ancl clesign-fronr the engaging textbook-style tome to the heary-on-the- pictures monograph and many other genles in between, 1 r.J"t 7 lx ARCHITECTURE OFFICESPACE r,,ffiiln rwEEl T*5H::tr*:?YYN*cll.fll"I, fI.E:pr,6.f * *rf,"rtt ,rLD rrr 403"6 This sleek eourorking spec@ was flmspired by NYC's Highline BY A5AD SYRKETT I @ASAD5YRKETT The two-story, 32,ooo-square-foot workspace, called Fosbury & Sons, complises a mix of circular cornnruual worl<tables and bar- height stations, along with a library, cushy reading nooks, and anrphitlreater-style seating, 11 1* INTERIOR DESIGN DECOR 5 eharmingcabins and bungalows offering peace and escape BY LAUREN RO I @BLAURING Whether a lveekeud getaway or an oasis in the city, small cabins and bungalows charm with their simple construction and cozy-rnaking capabilities. .t ,1* Page717 o1757 http://www.curbecl.com/20l6l10l17l13291L84lsma1l-business-genhification-historic-pres... 1212312016 658 IJorv can cities save their small businesses? - Curbed Page 20 of21 ffirJXFEh TWEE, ,*l',So*,o,,o* Why did Uher's self- driving programm fail in San Fraxreiseo? BY ALISSA WALI(ER California's DMVjust shut down Uber's antonomous vehicle pilot, br.rt not because of the technology. 1r t* NHWS Ikea reaches $5O million settlement with farnilies suing over dresser deaths BY ASAD SYRt(ETr | @ASADSYR|<ETT The New York Times is reporting that Ikea will settle lalvsuits brought against the Swedish retailer by families of children killed by overturned ftirniture. Ov O:? Terms of Use . Privacy Potlcy . Comrnunlcations Preferences Contact . Send Us a Tip . Community GuideLlnes . Masthead . About Curbed All Systems OperationaI Page 718 ot757 http:llwww.curbed.com 120161I0117113291184/small-business-gentrification-historic-pres,.. 1212312016 659 How can cities save their small businesscs'/ - Culbecl Check out orrr statUS page for nrore cletails. ffim TWEET sr-i^RE Page2l of21 Advertise with us Jobs @ Vox Media o 2016 Vox Media, lnc. Att Rights Reserved Page719 of 757 http://www.curbed.com/2016110117113291184/small-business-gentrification-historic-pres.., 1212312016 660 661 New Business and Commission Requests - R9 L MIAMIBEACH COMMISSION METVIORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 SUBJECT: REPORT REGARDING THE RECENT BANKACCOUNT FRAUD. Legislative Tracking Office of the City Manager Page 720 of 757 662 663 New Business and Commission Requests - Rg M MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: January 11,2017 SUBJECT: DISCUSSION REGARDING POLICE/FIREiSANITATION FEES TO BE INCURRED BY MIAMI DESIGN PRESERVATION LEAGUE (MDPLYART DECO WEEKEND. ANALYSIS Please place a discussion on the January 11, 2017 Commission Meeting, regarding Police/Fire/Sanitation fees to be incurred by Miami Design Preservation League (MDPLyArt Deco Weekend. Legislative Tracking Commissioner Michael Grieco Page721 of757 664 665 MIAAAIBEACH TO: FROM: DATE: SUBJECT: UPDATE AND DISCUSSION ON MIAMI BEACH MOSQUITO CONTROL E F FORTS/COUNTY ALTE RNAT I VES. ANALYSIS Please place on the January 11,2017 Commission Meeting Agenda an update and discussion item on ongoing mosquito control efforts, to show what Miami Beach is cunently doing to prevent the Aedes Aegypti mosquito. ls the city still spraying? How often? What are we spraying? Are we using traps? Where does the county stand on alternative methods? Legislative Tracking Commissioner Kristen Rosen Gonzalez New Business and Commission Requests, Rg N COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Commissioner Kristen Rosen Gonzalez January 11,2017 Page 722 ot 757 666 667 MIAMIBEACH TO: FROM: DATE: SUBJECT: DISCUSSION REGARDING IDENTIFYING AN OPERATOR FOR THE PLANNED FOOD AND BEVERAGE CONCESSIONAT SOUNDSCAPE PARK, RECOMMENDATION BACKGROUND The Finance and Citywide Projects Committee (FCWPC) initially discussed food and beverage mncessions at Soundscape Park, Collins Park and the Miami Beach Botanical Garden at the June 20,2014 rneeting and recomrnended pursuing food and beverage concessions through the pop-up concept or food trucks for Soundscape Park and the Miami Beach Botanical Garden. The Finance and Citywide Projects Committee recomrnended waiting for a broader rnaster plan for activating Collins Park before pursuing a concession operation at this location. This matter has been further discussed and developed at the January 7,2015, March 18,2016, May 20,2016, June 17,2016 and December 16,2016 Finance and Citywide Projects Committee nreetings. ANALYSIS Subsequent to the June 2014 Committee meeting, staff had been working with the New World Symphony and negotiating with their concessionaire, Thierry Catering, tor a concession operation in Soundscape Park. On January 7,2015, a preliminary Term Sheet was presented to the Finance and Cityruide Projects Committee for consideration along with examples of the design and menu concept proposed by Thierry Catering. The Committee discussed moving forward with the Soundscape Park term sheet presented. Staff continued working with Thierry Catering to finalize projected capital and operating expenses, and to assist with the regulatory approval process. On September 24,2015, Thierry Catering advised the City that the regulatory approval process for approval of the building design had become more costly than they originally anticipated and they were not in a position to dedicate the necessary attention to this matter at that time. Review and approval is required from the Design Review Board (DRB) and Planning Department Staff believed that the Design Review Board vuculd have concems approving a retrofitted shipping container for the concession stand. Planning Department staff felt that it would be easier to get Design Review Board approval if the concession stand was designed as a more permanent structure similar in design to the public restroom structure. New Business and Commission Requests - R9 O COMMISSION MEIVIORAAI DUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager January 11,2017 Page 723 of 757 668 On May 2A,2016, the Finance and CihTwide Projects Committee proposed moving forward with the Soundscape Park concession. Funding in the amount of $800,000 was approved in the Capital Budget for Fiscal Year 2016/17. The Capital lmprovement Projects (ClP) Department is in the process of hiring a consultant to continue the design and construction of the concession building. The estimated completion date is spring of 2018. At the December 16, 2A16 meeting of the Finance and CiVwrde Projects Committee, the Committee discussed that since the City is moving fonruard with the design and construction of a permanent structure for the food and beverage concession building in Soundscape Park, that the City seek to identify an operator. To this end, the City could: 1) issue a Request for Proposals (RFP); 2) waive the competitive bidding requirement and engage the estate broker to identify an operator; or 3) waive the competitive bidding requirement and negotiate concession. seruices of a third pafiy real with Thieny Catering for this CONCLUSION The Administration seeks direction on how to proceed with identifying an operator for Soundscape Park. Legislative Tracking Tourism, Culture and Economic Development Page 724 of 757 669 New Business and Commission Requests - R9 P MIAMI BIACH GOMMISSION MEIVIORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Mce-Mayor Joy Malakoff DATE: January 11,2017 SUBJECT: DISCUSSION REGARDING REMOVAL OF FUTURE RESIDENTIAL USE FROM THE RFP FOR THE NEW COLLINS PARK GARAGE. ANALYSIS The RFP for the Collins Park Garage does not need to be fitted for future use as a residential building. The need for cars parked in this garage is heavy due to the location's proximity to the Miami City Ballet, Bass Museum, Regional Library, the beach and Collins Avenue. I believe in the future if there is ever excess parking in the garage, the surface lot, currently used for Public Parking, between the W Hotel and The Setai should be made into a public park as originally envisioned as part of Collins Park. lf you have any questions, please contact me at extension 6622. Thank you. Legislative Tracking Vice-tvlayor J oy Malakoff Page 725 of 757 670 671 MIAAAIBHACH TO: FROM: DATE: SUBJECT: DISCUSS GIVING ALL CITY BOARDS/COMMITTEES AN AUGUST RECESS, TO ALLOW FOR VOLUNTEER BOARD/COMMITTEE MEMBERS TIME TO TRAVEL, BE WITH FAMILY AND HAVE A BREAK. ANALY$S Please place a discussion item on January 11, 2016 Commission agenda, to seek approval from the City Commission to give all City Boards/Committees an August recess to allow for volunteer Board/Committee members time to travel, be with family, and have a break. This recess would be applicable to all Boards/Committees (including Land Use Boards). A Board/Committee could decide to have an August meeting, but the default starting this year would be no August meeting. Legislative Tracking Commissioner Rosen Gonzalez New Business and Commission Requests - R9 Q COMMISS ION ME TVPRAN DU M Honorable Mayor and Members of the City Commission Commissioner Kristen Rosen Gonzalez January 11,2017 Page 726 of 757 672 673 New Business and Commission Reguests - R9 R MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: CommissionerMickySteinberg DATE: January 11,2017 SUBJECT: DISCUSSION AND REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, ON THE CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA, PLACEMENT AND SELECTION PROCESS. ANALYSIS Please add to the January 11, 2017 Commission Agenda a discussion and referral to the Neighborhood/Community Affairs Committee, on the creation of a Miami Beach Hall of Fame and establishing criteria, placement and selection process. Legislative Tracking Commissioner Micky Steinberg Page727 of757 674 675 TO: FROM: DATE: New Business and Gommission Requests - Rg S COMMISSION ME TVIORAT{ DU M Honorable Mayor and Members of the City Commission Commissioner Kristen Rosen Gonzalez January 11,2017 SUBJECT: DISCUSSION REGARDING WHAT OCCURRED TO THE MEDALLION DEDICATED TO MUHAMMAD ALI THAT VANISHED YEARS AGO FROM HALL C OF THE MIAMI BEACH CONVENTION CENTER. ANALYSIS Please place on the January 11, 2017 Commission Agenda, a discussion regarding wlrat occurred to the medallion dedicated to Muhammad Ali that vanished years ago from Hall C of the Miami Beach Convention Center. Attached please find a June 10,2016 article from the Miami Herald reporting that the bronze medallion dedicated to Muhammad Ali vanished years ago from Hall C of the Miami Beach Convention Center. The bronze medallion was installed in July 1991 when Hall C uas named afterAli and a plaque was installed. The bronze medallion was put in the ground to mark the spot where the boxing ring from Ali's storied 1964 fight had stood. The medallion was inscribed with the date of the fight - Feb. 25, 1964 - and AIi's likeness. The medallion might have been stolen 15 to 20 years ago. You may read a copy of full Miami Herald article at: http //unnnru.miamiherald.com/nevus/local/community/miami-dade/miami- beaclr/article83 1 54407. html Legislative Tracking Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description o Mlami Herald Micle Page 728 of 757 676 Page 729 of 757 677 muhammacl ali plaque in miami bcacir convention center is missiug I V{iami Irlerald MIAMIBEACH JUNE 10.2016 9:36 PM Medallion dedicated to Muhammad Ali mysteriously vanished years ago Bronze medallion might have been stolen 15 to 20 years ago It was installed in July 1991 when Hall C was named after him and a plaque was unveiled City officials want to name street after champ and build a statue 1of3 > BY JOEY FLECHAS jfl e ch as @ miamih eral d. co m Remembering lMuhammad All's fuliami roots WPLG - Miami, FL Page 730 o1757 http://rwvr,v.miamihelald.com/news/local/community/miami-dade/miami-beach/article83154... 11412017 ( 678 mLrhammacl ali piaclue in miami beach convenrion centcf is missing I N4iami Flelalcl ln the concrete floor of Hall C of the Miami Beach Convention Center, where in 1964 a 22-year-old Cassius Clay "shook the world" and upset a heavily favored Sonny Liston, a bronze medallion commemorating the historic fight was embedded 27 years later. It was a fabulous dedication ceremony in July '1991 to honor the man, now known as Muhammad Ali, by naming the hall after him. A plaque on the wall was unveiled, a tribute from the city of Miami Beach. Along with it, the bronze disk was put in the ground to mark the spot where the boxing ring from that storied fight had stood. Now decades after he changed his name upon convertlng to lslam, after his suspension from boxing because of his objection to serving in the military during Vietnam, and after a comeback from his three-year exile from the sportthat solidified an unparalleled legacy -asthe Greatest;that medallion;about 10 inches in diameter, is gone, ' - THE MEDATLION WAS INSCRIBED WITH THE DATE OF THE FIGHT _ FEB.25,1964_ AND ALI's tIKENESS. A1i, who died at 74 last week) was buried on Friday in his hometown of Louisville. Irttp://r,wvw.miamiheralcl.corrrinewsltocaycllXi Lilril];hi-c1ade/miami-beaclr/artic1e83154.., tl4lzot7 I679 rruhammad ali plaquc in miami beach convention c:enter is rnissing I Miami Fleralcl The round hole where the bronze disk is supposed to he is filled witl-r concrete, Not one of the many people contacted by the Miami Herald can remember what happenecl to it. Historians are stumped. Older city officials ;uen't sure. Some think it might have been stolen 15 to 20 years ago, but a search of police records didn't yielcl any reports of a theft. Alex Daoud, who was the Beach's mayor when the plaque and medailion were installed, recalled the dedication fondly, noting it was the first time the city had recognized an African American. It had special signifrcance to him, because he says he used to spar with Ali. "He was such a nice human being," he said. Another piece of history can be found in the lobby of the convention center's executive offices. The scale usecl at the weigh-in for the 1,964 fight is ciisplayed under a signed photo of Ali. Page 732 ot 757 htbp://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article83154... 11412017 680 mLlhammad ali yrlaqLre ir-r n-riarni beach converition cente r is missing I Nlianri I-leralci Beacl-r officials want to name Convention Center Drive after Ali and are exploring the creation of a statue or bust to place in the convention center after it is renovated. Maria Herandez, project director of the convention center district, said the city plans to reach out to the family, Still, the n-rystery of the medailion remains unsolved. Muhammad Ali funeral: Thousands honor'The Greatest' in Louisville Fans and admirers lined the streets of Louisville, l(entucl<y to say goodbye to boxing great Muhammad Ali, who passed away at the age of 74. Among those paying tribute to "the people's champion," were Senator Orrin Hatch (R-UT), actor Willsmith and comed Nicole L. Cvetnic - McClatchy Joey Flechas : 3 O5-3 76-3 602, @foeflech Visit Muhammad Ali's Miami home lrttp://www.miamiherald,com/newr/l"..1/.":fl1:,,1i1;/*li1or-ouo",niami-beach/article83154... 1l4lzo17 681 New Business and Commission Requests - R9 T MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: CommissionerMickySteinberg DATE: January 11,2017 SUBJECT: DISCUSSION ON WHAT PROACTIVE ACTIONS THE CITY AND OTHERS CAN TAKE TO MINIMIZE THE RISK OF ZIKA SPREADING IN MIAMI BEACH IN THE FUTURE, ANALYSIS Please add to the January 11, 2017 City Commission agenda a discussion on what proactive actions the City and others can take to minimize the risk of Zika spreading in Miami Beach in the future. Legislative Tracking Commissioner Micky Steinberg Page 734 of 757 682 683 New Business and Commission Requests - R9 U MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: DISCUSSION - WHERE IS THE $3.6 MILLION MISSING FROM CITYS SUNTRUST ACCOUNT? ANALYSIS I would like the City Commission to receive a report on the information we currently have regarding the $3.6 million of City/taxpayer funds that are missing from the City's SunTrust Account. Where is the $3.6 million? How much and how often were the withdrawals? Where did the funds go? Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 735 of757 684 685 New Business and Commission Requests - R9 V MIAAAI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Ricky Arriola DATE: January 11,2017 SUBJECT: DISCUSS URGING THE FLORIDA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND BEVERAGE CONSUMPTION TO FUND EFFORTS TO END HOMELESSNESS. ANALYSIS Please add this discussion item to the January 11,2017 CiW Commission agenda. Leqislative Trackino Commissioner Ricky Arriola Page 736 of757 686 687 New Business and Commission Requests - R9 W MIAMIBEACH GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: COMMITTEE OF THE WHOLE MEETING CALLED BY COMMISSIONER KRISTEN ROSEN GONZALEZ,TO BE HELD DURING LUNCH RECESS OF THE CITY COMMISSION MEETING ON WEDNESDAY JANUARY 11 ,2017,IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS HIRING PRACTICES REGARDING COMMISSION AIDES. ANALYSIS I am hereby calling for a meeting of the Committee of the Whole to discuss hiring practices regard ing Commission Aides. Said meeting to be held during lunch recess of the City Commission meeting on Wednesday, January 11,2A17, in the City Manager's Large Conference Room, Fourth Floor, City Hall. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page737 of757 688 689 New Business and Commission Requests - R9 X MIAMI BEACH COMMISS ION ME TVORAI{ DU M TO: Honorable Mayor and Members of the City Commission FROM: CommissionerMickySteinberg DATE: January 11,2017 SUBJECT: DISCUSSION ON REINSTATING THE STEERING COMMITTEE TO AID IN THE NORTH BEACH MASTER PLAN IMPLEMENTATION PROCESS. RECOMMENDATION ANALYSIS Please add to the January 11, 2017 Commission Agenda, a discussion on reinstating the Steering Committee to aid in the North Beach Master Plan implementation process. Legislative Tracking Commissioner Micky Steinberg Page 738 of757 690 691 New Business and Commission Requests - Rg Y MIAMI BEACH COMMISSION MEMORI\NDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: January 11,2017 SUBJECT: DISCUSS ADOPTING A CHARTER BALLOT QUESTION ASKING CITY VOTERS WHETHER CITY COMMISSIONERS SHOULD HAVE THE RIGHT TO HIRE AND FI RE THEIR OWN ADMI NISTRATIVE AI DES, ANALYSIS Please include a discussion item on the January 11, 2017 Commission Agenda, regarding adopting a Charter Ballot question asking City voters whether City Commissioners should have the right to hire and fire their own Administrative Aides. Mayor Levine is not allowing me to hire or fire my or,vn Aide. I feel that my present employment situation leads my office open to compromise. I cannot ra,rork for my constituents, and my office is subject to the whim and caprices of Mayor Philip Levine. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 739 of757 692 693 694 City Attorney Repods - R10 A COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Raul J. Aguila, City Attorney January 11,2017 MIAAAIBEACH TO: FROM: DATE: SUBJECT: CITY ATTORNEYS STATUS REPORT. ANALYSIS LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT: 1. Oliver Perezvs. City of Miami Beach, Case No. 16-019081 CA 01(Circuit Court- 11th Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on December 12,20'16 alleging that on July 9,2015, the plaintiff, Oliver Perez, was skateboarding at or near 599 Ocean Drive, Miami Beach, FL when his wheel got caught in a large hole in the poorly maintained sidewalk pavement, which caused him to fall and injure himself. Skateboarding is prohibited at any time at the sidewalk in question pursuant to Sec. 70-67(b) of the City of Miami Beach Code Ordinance. We shallfile our answer and propound discovery to the Plaintiff 2. Federal National fVlortgage Association vs Danrvin Birriel. et al., Case No. 13-11302 CA 13 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located a|7315 Caryle Avenue, Unit 3, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on December 12, 2016. The City's Answer and Affirmative Defense was filed on December 13, 2016. _ 3 Ditech Financial L ., Case No. 16- 30504 CA 31 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1735 Biawi7 Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on December 21,2016. The City's Answer and Affirmative Defense \ €s filed on December 22,2016. Page 740 of 757 695 Legislative Tracking Office of the CityAttorney Page741 of757 696 Gity Attorney Reports - R10 B MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 SUBJECT: NOTICE OF CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION WILL BE HELD DURING RECESS OF THE CITY coMMlssloN MEETING ON WEDNESDAY JANUARY 11,2017, tN THE CtTy MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FOR A DISCUSSION RELATIVE TO COLLECTIVE BARGAINING. Legislative Tracking Human Resources Page 742 of 757 697 698 699 Reports and lnformational ltems 1. MIAAAI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 SUBJECT: REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WTTH|N (6)StX MONTHS FROM REFERRAL DATE. ANALYSIS Pursuant to Resolution No. 2013-28147, items that are refened to Commission Committees to be reviewed, but are not heard by that Committee within (6) six months of its refenal date are automatically withdraun. Below is a list of item(s) that were automatically withdrawn for January 2017 Ne igh borhood/Commu n ity Affairs Committee There are no items to be automatically withdrawn at this time. Finance & Citywide Projects Committee There are no items to be automatically withdrawn at this time. Sustainability & Resiliency Committee There are no items to be automatically withdrawn at this time. Land Use & Development Committee Update On The Transit Hub On The 500 Block Of Alton Road. (Requested by Commissioner Ricky Arriola/May 13, 2016 City Commission meeting, ltem C4 o) Legislative Tracking Office of the City Clerk Page 743 ot 757 700 701 702 Notices 1. MIAMIBEACH TO: FROM: DATE: SUBJECT: MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS. RECOMMENDATION Miami Beach Redevelopment Agency (RDA) Members: Chairperson of the Board Philip Levine Member of the Board John Elizabeth Alem6n Member of the Board Ricky Arriola Member of the Board Kristen Rosen Gonzalez Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg Member of the Board Miami-Dade County Commissioner Bruno A Barreiro Executive Director Jimmy L. Morales Assistant Director Kathie G. Brooks General Counsel Raul J. Aguila Secretary Rafael E. Granado Legislative Tracking Office of the City Clerk COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Rafael E. Granado, City Clerk January 11,2A17 Page 744 of 757 703 704 Notices 2. COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Rafael E. Granado, City Clerk January 11,2017 MIAMIBEACH TO: FROM: DATE: SUBJECT: HOW A PERSON MAYAPPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. RECOMMENDATION ANALYSIS THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION, SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITYS WEBSITE, DISPLAYED ON MBTV AND ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 8:30 A.M. GENERALLY THE CIry COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. The Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, B:30 a.m. and 1:00 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. ln the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the Office of the City Clerk on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: wwwmiamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Flool Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. ln order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manage/s staff. "Requests for Agenda Consideration" will not be placed on the Agenda Page745 of 757 705 until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone 305.673.7411, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, lT lS NOT necessary to register at the Office of the City Clerk in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. lf a person wishes to address the Commission on an emergency matter, wlrich is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting vrhen the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. Legislative Tracking Office of the City Clerk Page 746 of 757 706 Notices 3. MIAAAI BTACH GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11,2017 SUBJECT: USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR PRESENTATIONS DURING PUBLIC MEETI NGS. RECOMMENDATION See LTC No. 531-2016 attached. Legislative Tracking Marketing and Communications ATTACHMENTS: Description n LTC Page747 ot757 707 MIAMIffiIACH OFFICE OF THE CITY MANAGER No LTC# 531-2016 TO: FROM DATE: CHAMBERS FOR PRESENTATIONS DURING PUBLIC MEETINGS The purpose of this Letter to Commission is to advise the Mayor and Commission of new guidelines designed by the Office of Communications for showing presentations, images, videos or any other audio visual communications in the commission chambers during public meetings. During recent commission meetings we have experienced a number of technical issues with the audio visual (AV) equipment in the chambers. As we all work to be efficient and effective during commission meetings, the forced breaks in the meetings to set up the AV for unexpected presentations, or other videos or images, are the cause of unnecessary delays. ln an effort to allow staff to provide timely set-up of these presentations, as well as allow us an opportunity to review any content prior to showing it at public rneeting, effective January 1,2017 anyone (general public as well as city staff) wishing to use the AV equipment must submit their presentation, video, or link 24 hours prior to the meeting in order to have the opportunity to have it played during the meeting. The following changes will be taking place to ensure this: 1. The laptop that currently resides at the podium will be moved into the control room and the AV cable will be removed from the podium. 2. People wishing to have something shown during public meetings must submit their requests 24 hours prior to the meeting by: a. Email at: communications@miamibeachfl.gov b, Hand delivered on a jump drive or CD to the communications office at 1701 Meridian Avenue, Miami Beach, FL 33139c. lT is working on a cloud-based or FTP option for uploading When submitting the items to be presented they must reference the item number in the title and be in either PDF, PowerPoint or.MP4 format, or a link to an online video. The communications department will also work with the Clerk's otfice to ensure that the public notices and agendas remind the public of these new procedures. We look fonrvard to assisting in making sure that commission meetings run as efficiently and effectively as possible. JLM/MMffD LETTER TO COMMISSION Mayor Philip Levine and Members the City Jimmy L. Morales, City Manager December 9, 2016 Page 748 of 757 708 Notices 4. MIAAAIBTACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: January 11,2017 SUBJECT: 2017 COMMISSION MEETING DATES. ANALYSIS Attached please see the 2016 Commission Meeting dates. Legislative Tracking Office of the City Clerk ATTAGHMENTS: Description n Attachnrent Page 749 of 757 709 MIAMIBEACH 2017 CtTy COMMTSSTONIREDEVELOPMENT AGENCY (RDA) MEETING DATES Commission/RDA Meetinas Presentation & Awards/Commission Meetinqs (Start at 8.30 a.m.) (Start at 5:00 p.m.) January 11 (Wednesday) January 25 (Wednesday) February B (Wednesday) P&A will be heard in the February Bth meeting March 1 (Wednesday) March 22 (Wednesday) April 26 (Wednesday) P&A will be heard in the April 26th meeting May 17 (Wednesday) P&A will be heard in the May 17th meeting June 7 (Wednesday) June 28 (Wednesday) July 26 (Wednesday) P&A will be heard in the July 26th meeting August - City Commission in recess September 13 (Wednesday) P&A will be heard in the September 13th meeting September Budget Meeting(s) - TBA October 18 (Wednesday) P&A will be heard in the October 18th meeting November 13.(Monday) November 27. (Monday) December 13 (Wednesday) P&A will be heard in the December 13th meeting *Election related items only. ln those cases where the Regular Commission Meeting is combined with the P&A Meeting, Presentations will start at 5:00 p.m., unless noted otheruvise. Meetings are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, unless noticed otherwise. The Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month. The Forum will be split into two (2) sessions, S:30 a.m. and 1:00 p.m. Approximatelythirty (30) minutes will be allocated per session, with individuals being limited to no more than three (3) minutes. No appointment or advance notification is needed in order to speak to the Commission during this Forum. F:\CLER\$ALL\LlLIA\COMMISSION MEETING DATES FtLE\20171201 7 Commission Dates.doc Page 750 of757 710 Notices 5. MIAAAIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimrny L. Morales, City Manager DATE: January 11,2017 SUBJECT: ADVERTISEMENTS FOR THE JANUARY 11,2017 COMMISSION MEETING. Legislative Tracking Office of the City Clerk ATTACHMENTS: Description o Ads oAd Page 751 of757 711 r HURSDAY Dt(tH8tn 29 2016 IMrAMrHrRArD.(oM I NEIGHBORS I I zNe MIAMIBT&CH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TRANSIT INTERMODAL FACILITIES JANUARY 11,2017 NOTICE lS HEREBY given that a Second Reading, Public Hearing, will be heard by the Mayor and City Commission of the City ot Miami Beach, Florida, in the Commission Chamber, 3'd Floor, City Hall, 1700 Convention Cenler Drive, Miami Beach, Florida, on January 11,2017 at 10:10 a.m., or as soon thereafter as the matter can be heard, lo consider the adoption ol the ,ollowinq Ordinance: COMPREHENSIVE PLAN . TRANSIT INTERMODAL FACILITIES: AN OBDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOFIDA, AMENDING THE FUTUHE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENTITLED "LAND DEVELOPMENT REGULATIONS," TO ALLOW "TRANSIT INTERMODAL FACILITIES" AS A PERMITTED USE WITHIN THE FOLLOWING LAND USE CATEGORIES: LOW INTENSITY COMMERCIAL CATEGOBY (CD-1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD.2), HIGH INTENSITY COMMERCIAL CATEGORY (CD.3), PUBLIC FACILITY HOSPITAL - PF (PF.HD), PUBLIC FACILITY: GOVERNMENTAL USES {PF), PABKING (P), GENERAL MIXED USE COMMERCIAL "PEBFORMANCE STANDARD' CATEGORY (CPS,2), TOWN CENTER CORE CATEGORY (TC-l), AND TOWN CENTEB COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DES|GNATION "RECBEATTON OPEN SPACE" {ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY' (PF); AMENDING THE PABKING (P) LAND USE CATEGORY TO ALLOW THOSE USES PEBMITTED lN SURROUNDING LAND USE CATEGORIES. INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED "LEVEL OF SERVICE," TO BEFLECT THE CITY'S ADOPTED MODE OF TRANSPORTATION HIERARCHY; OBJECTIVE 2, ENTITLED "COORDINATION WITH LAND USE," TO DETAIL THE NEEDS FOR TRANSIT INTEBMODAL FACILITIES; OBJECTIVE 3, ENTITLED "ROADWAY PLANNING, DESIGN AND CONSTRUCTION," TO INCORPORATE ADDITIONAL MULTIMODAL TBANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLEO "MASS TRANSIT," TO ENCOURAGE MASS THANSTT OPTTONS THROUGH THE 201 5 TRANSPORTATION MASTEB PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE" TO DETAIL OPTTONS FOR TRANSPORTATTON TNFRASTRUCTUFTE; OBJECTIVE 6, ENTITLED "MULTI.MODAL TRANSPORTATION AND MOBILITY OPTIONS," TO CLARIFY STRATEGIES TO IMPLEMENT MULTI.MODAL TBANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE, PROTECT, AND PRESERVE THE CITY,S NEIGHBOBHOODS," TO CLARIFY COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED "PABKING," TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE 10, ENTITLED "TRANSPORTATION COOHDINATION WITH OTHER JURISDIGTIONS," TO REQUIHE COORDINATION RELATING TO "TRANSIT INTEBMODAL FACILITIES;" THE GLOSSARY OF TERMS TO INCLUDE THE TEFTM "TRANSIT INTERMODAL FACILITY' AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN THE INTERGOVERNMENTAL COORDTNATTON ELEMENT TO INCLUDE COOHDINATION RELATING TRANSIT TNTERMODAL FACTLITTES; pROVtDING FOB |NCLUSION tN THE COMPREHENSTVE pLAN; TRANSMTTTAL; REPEALER; SEVERABILITY: AND AN EFFECTIVE DATE, This Ordinance is being heard pursuanl to Sectlons 118-163 and 118-164 ot the City's Land Development Code, Section 2.05 ot the City Charter and Section 166.041 Florida Slatues. /ngurrles may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represenled by an agent, or to express their views in writing addressed to the City Commission, c/o lhe City City Clerk, 1700 Convention Center Drive, 1d Floor, City Hall, Miami Beach, Florida 33139. This meeling, or any item herein, may be continued, and under such circumstances, addilional legal notice need nol be provided. Pursuant to Section 286.0105, Fla. Stat., lhe City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record ol the proceedings is made, which record includes the testimony and evidence does it authorize challenges or appeals not otherwise allowed by law. lo review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 lor English or 2 tor Spanish, then option 6; fiY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City o{ Miami Beach Ad't257 Paoe752ot757 712 DNE I I NEIGHBORS I THunsDnY ot(rilstn zg loro I mmurHrnaLo.col,r rll ^.- -i;Ll\'.. ' CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING JANUARY 11,2017 NOTICE lS HEREBY given that a public hearing will be held by the Mayor and City Commissioners of the City ol Miami Beach, Florida, in the Commission Chamber,3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 11,2017, at the time listed, or as soon thereafter as the matter can be heard, to consider: 11:45 a.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016/]7. This Resolution is being heard pursuant to Seclions 166.041 and 166-241 F.S. lnquiries may be directed to the Oflice ot Budget & Performance lmprovement at 305.673.7 510. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1"rFloor, City Hall, Miami Beach, Florida 33'139. This item is available for public inspection during normal business hours in the Otlice of the City Clerk, 1700 Convention Center Drive, l"rFloor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided- Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at ;ts meeting or its hearing, such person must ensure that a verbatim record ot the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for lhe introduction or admission ol otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (tive-day notice required), informalion on access for persons with disabilities, and/ot any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 {or Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Members ot lhe public may present audio/visual (AV) materials relating to Agenda Items at City Commission meetings held in the Commission Chamber by ulilizing the City's AV equipment, provided that materials are submitted to the Department oI Marketing and Communications by 8:30 A.M., one (1)business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan {or the use of the appropriate AV equipment. AV materials may be submitted via email at communicationsmiamibeachfl.gov; or hand delivered in a jump drive, CD or DVD to: Attention: Department ol Marketing and Communications, 1701 Meridian Avenue, Fifth Floor, Miami Beach, FL 33139. Presentations, videos or links must include a label noting the name or group, contact person, daytime telephone number, email address, description/title of the presentation and Agenda ltem Title as well as the Agenda ltem number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, ,avi and .mov. (Note that .pdf is the preferred lormat tor PowerPoint presentations.) Rafael E. Granado, City Clerk City of Miami Beach Ad No. 1259 Paoe753 ol 757 &4IAMIBTACH GITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING 17TH STREET SOUTH ALCOHOLIC BEVERAG E ESTABLISH MENT REGULATIONS: JANUARY 11,2017 NOTICE lS HEREBY given that a Second Reading, Public Hearing, will be heard by the Mayor and City Commission of the City ol Miami Beach, Florida, in the Commission Chamber. 3'd Floor, City Hall, '1700 Convention Center Drive, Miami Beach, Florida, on January 11,20'17 at 10:05 a.m., or as soon lhereafter as the matler can be heard. to consider lhe adoption of the following Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," ABTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, 'CD.3 COMMERCIAL, HIGH INTENSITY DISTRICT,' SECTION 142.332. "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTEBTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STBEET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Tbis Ordinance is being heard pursuant to Section 118-164 ol the City's Land Development Code, Section 2.05 ot the Cily Charler and Section 166.041 Florida Stalues. /nquiries may be directed to the Planning Depafiment at 305.673.7550. INTERESTED PARTIES are inviled to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c,/o the City Clerk, '1700 Convention Center Drive, ld Floor, City Hall, Miami Beach, Florida 33139. This item is available lor public inspection during normal business hours in the Office o{ the City Clerk, 1700 Convention Center Drive, 1,tFloor, City Halt, Miami Beach, Florida 33.139. This meeting, or any ilem herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect lo any matter considered at its meeting or its hearing, such person must ensure lhat a verbatim record o, the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by lhe City for the introduction or admission ol otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), inlormation on access for persons with disabilities, and/or any accommodation to review any document or parlicipate in any City-sponsored proceedings, call 305.504.2489 and select 1 lor English or 2 lor Spanish, then option 6; TTY users may call via 711 (Florida Relay Service)- Rafael E. Granado, City Clerk City o, Miami Beach Ad'r2s6 713 IHURSDAY Dr(rlrstR 19 2016 IiIIAMIHERAI,D.(OM I NEIGHBORS I | 23NE MIAAAIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS TRANSIT INTERMODAL FACILITIES JANUAHY 11, 2A17 NOTICE lS HEBEBY given that a Second Reading, Public Hearing, will be heard by the Mayor and City Commission of the City ol Miami Beach, Florida, in the Commission Chamber,3'd Floor, Ciiy Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 11,2017 at 10:15 a.m., or as soon therealter as the matter can be heard, to consider lhe adoption of the rollowing Ordinance; LDR . TBANSIT INTERMODAL FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 114.1, ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION FOR A'TRANSIT INTERMODAL FACILITY" AND ASSOCIATED DEFINITIONS;AMENDING CHAPTER 130,'OFF- STREET PABKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS," SECTION 130-32,'OFF-STREET PARKING REOUIREMENTS FOR PARKING DISTRICT NO, 1," AND SECTION 130.33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS,2,3,4, 5,6, AND 7," TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL FACILITIES," AND ESTABLISHING SECTION 130,40, "BICYCLE PARKING REQUIREMENTS," TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE PARKING FOR "TBANSIT INTERMODAL FACILITIES''; AMENDING CHAPTEB 130, "OFF.STREET PARKING,'ARTICLE III,'DESIGN STANDARDS," SECTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," ESTABLISHING REGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES IN ADDITIONAL BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY" BE AN ACCESSOBY USE TO A MAIN USE PARKING GARAGE; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ABTICLE II, 'DISTRICT REGULATIONS," TO INCLUDE A "TRANSIT INTERMODAL FACILITY' WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS: COMMERCIAL LOW INTENSITY (CD-] ), COMMERCIAL, MEDTUM DENSTTY (CD-2), COMMERCTAL, HtcH tNTENStTy (CD- 3). CIVIC AND GOVERNMENT USE (GU), HOSPITAL DISTRICT (HD), COMMEBCIAL PERFORMANCE STANDARD, GENERAL MIXED USE (C-PS2), NORTH BEACH TOWN CENTER CORE (TC-1), NORTH BEACH TOWN CENTEB MIXED USE (TC-2); BY ESTABLISHING CHAPTER l42, "ZONING DISTBICTS AND REGULATIONS," AT ARTICLE V, "SPECIALIZED USE REGULATIONS," DIVISION 4, "TRANSIT INTEHMODAL FACILITIES," TO ESTABLISH REGULATIONS AND PROVIDE UP TO FIVE STORIES IN ADDITIONAL HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY' THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE AN INCLUDED USE WITHIN A PROPEBTY OB UNIFIED DEVELOPMENT SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION; REPEALERi SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Seclion 118-164 ol the City's Land Development Code, Section 2.05 of the City Charter and Section 166.041 Ftorida Statues. lnquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PABTIES are invited to appear at this meeting, or be represenied by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33139. This item is available tor public inspection during normal business hours in the Office o, the City Clerk, 1700 Convention Center Drive, 1s'Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that il a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure thai a verbatim record of the proceedings is made, which record includes lhe testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City lor the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (tive{ay 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 English or 2lor Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City oI Miami Beach Ad 1258 Paoe 754 of 757 714 18NE I I NETGHBORS I tBuRsolv otrrMgrr D lorr I unrirmrnlto.cor,l CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS JANUARY 11,2017 on January 'lt, 2017, at the iimes listed, or as soon therealter as the mater can be heard. 1o consider: l0:OO a.m. DEMOLITION MORATOBIUM FOR PBOPERIIES FRONTING TATUM TIYATERWAY: ANO LOCATED ON THE WEST SIOE OF TATUM WATERWAY OFIVE AND BYBON AVENUE FNOM 77TH STBEET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHOBNE AVENUE FBOM 77TH STNEET TO Stalu*. lnquiries may be direcled lo lhe Planning Depanmenl et 3A5.673.755A. 10i05 r,m. 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABL'SHMENT REGULATIONS: Seclion 166.011 Flodda Stetues. lneuiries may be diecled to lhe Planning Depailmenl at 305.673.7550. '10:10 a.m. COMPREHENSIVE PLAN - TNANSIT INTERMOOAL FACILITI65: l0:15 a-m, LDR . TRANSIT INTEBMOOAL FACILITIES, et 305.873.7550, herein, may be contlnued, and under such ckcumslanc€s, additional logal notlco n6ed not be providod. ol otherwise lhedmiggible or iarelo€nt evlden@, nor does il authorlzo challengos or appoals nol olh6rwl96 allowed by la[ proo.sdangs, call 305.604.2489 and gelet I for €ngllsh or 2 for Spanlsh, then optloo 6; TTY uger$ may @ll vla 711 (Florida R€lay Seryice). Fafael E. Graado, Cily Cl6rk Cily of Mldl Besch Paoe 755 of 757 715 THURsDAY DI(TIISER T9 2016 ITIIAMINERAID.(OM I NEIGHBORS I I rerur l,AtAt*tBrACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS JANUARY 11,2017 NOTICE lS HERE8Y given that public hearings will be held by the Mayor and City Commissioners ol the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach. Florida, on January 11,2017, at the times listed, or as soon thereatter as the matter can be heard, to consider: 10:20 a.m. AN ORDINANCE OF THE MAYOB AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING CHAPTEB 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED'ENVIRONMENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS,'TO ADD THE WORDS "FOB FOOD SERVICE AHTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED'EXPANDED POLYSTYRENE RESTRICTIONS FOH FLOATING DOCKS, FLOATING PLATFOBMS, AND BUOYS," TO PBOVIDE REGULATIONS THEHEFOR, AND TO PROVIDE FOR ENFOBCEMENT AND PENALTIES: PROVIDING FOR REPEALEH. SEVERABILITY, CODIFICATION, AND AN EFFECTIVE at 305.673.7010. '10:25 a.m. AN ORDINANCE OF THE MAYOB AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTEH B2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PBOPERTY,' BY AMENOING ARTICLE IV, "USES IN PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II,,PERMIT," BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CBITEBIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DHIVE BETWEEN STH STREET AND 1sTH STREET; ANO PBOVIDING FOH REPEALEB, and Section 166.041 Florida Slatoes. lnqu,rres may be directed lo the Planning Department al 305.673.7550. 11:30 a-m. A RESOLUTION OF THE MAYOB AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOBIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, AND WAIVING. BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIHEMENT, FINDING SUCH WAIVEB TO BE lN THE BEST INTEBEST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOB AND CITY CLERK TO EXECUTE A NEW LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHEO TO THIS RESOLUTION AS EXHIBIT 'A" BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LANDLORD) AND MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF APPROXIMATELY 925 SQUARE FEET OF CITY-OWNED PROPERTY (PREMISES), LOCATED ON THE FIBST FLOOR AT 1661 PENNSYLVANIA AVENUE (PENN GARAGE}, MIAMI BEACH, FLOBIDA, FOR A PEBIOO OF TWO (2) YEARS ANO TWENTY-FIVE (25) DAYS, COMMENCING BETROACTIVELY ON DECEMBER 7, 2016 AND ENDING DECEMBER 31, 2018. This Resotution is beins heard pursuant to Seclion $766.047 Flotida Statutes. lnquiries may be directed lo the Tourism, Cullure and Economic Development at 305.673.7577. 11:35 a.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEABING, 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 305.673.7730. 11:4O a.m. A RESOLUTION OF THE MAYOH ANO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REOUEST FOR QUAIIFICATIONS (BFO) No. 2016-152-wG FOR REAL ESTATE BBOKERAGE SERVICES; APPROVING, BY 5/7TH VOTE, FOLLOWING A oULY NOTICED PUBLIC HEABING, KONIVER STERN GBOUP'S REQUEST FOR A LIMITED WAIVER OF THE VENDOB CAMPAIGN CONTRIBUTION BEQUIREMENTS OF SECTION 2487 OF THE CITY OF MIAMI BEACH CODE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KONIVER STERN GROUP: AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. This Resolution is being heard pursuant to Section 5166.041 Florida Slafules. /ngu,?ies may be direcled to the Tourism, Culture and Economic Development al 305.673.7577 or to the Procurement Department at 305.673.7490. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respeci to any matter considered at its meetlng or ils hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which challenges or appeals not otherwise allowed by law. Ralael E. Granado, City Clerk Cily ot Miami Beach Ad 1255 Paoe 756 ol 757 716 BA i Local €" State I l{limri il,trl}I *fi:ir/ ot(mtt 1|xi I r*llrurmr orm : l1:t I ta...l1 CITY OF MIAMI BEACH NOTICE OF PUELIC HEARING AN ORDINANCE PERTAINING TO A SIX-MONTH DEMOLITION MOftATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY JANUARY 11,2O17 NOTICE lS HEBEBY oiven tl,i1l n Fjrs Eradng Publjc Hcrring. lrill !r! h*ic, by thr-, M"iyor ttdd City Crin{idyioicr& cf tht Cily ol Miruni 8ond1, Flarida. in lhs Csnr isuiorl Chefibar. 3r.l Fl*r" C;tv H.il. 1700 Cmvsfitioo C.nt.r Drivs, Mi;urj Beilc$, Florid;r. on January 11, 201, $ 10:00 a.m,. 6a ae *dn th.rt:ifllr nc rho tnnt6r can be hctrd, to Een:idor A'.' SfiDINANCE OF THE MAYCE ANO CITY CCiNMISSION CF THE CIiY ,]F LIIAIV,II AEACH. FLORIDA. PEfrTAINING TO THE SUajECT Or A SIX (61 M,INTH MCRATORIUM Frl€ PROpERTTES FRONTIN* arN TATUM ttJFiTERr,'UAY ANO LOCiIED tIU THE IVESI S|DE OF TATTJM i/ATER$/,{Y DRIVE AND SYEON AVENUE FNO6{ 77L S]NEET T(f 87i1' STR€ET FECPERIIES LCCATEO 'IN THE E,SGT SIDE OF HA$/THOBNE A?ENUE FRQM ?,* STREET 10 CRESN Bi}JLEVAND. PN@ETTIES LLTCATED ON TI.IE EAST gDE OF CHISPI B']T]LEVAEO FROhI HA\ITTHORNE AI€NUE TO 85'.' STR€ET, ANO PfrOPEqIIES LOCATEO ON THE NOSIH SIOE OF Asn'STREET BET\{EEN C,FIESH BAULEVARD AND ByR*|.{ AVENUE; tMpOg,NG A TEMp.}FlARy I'JOIiATTJCIUM UPON THE N€CEIPT CF OE P'IOCESSING OF AFFLICAT}O{.IS, PEtrI.4ITS CN PEND]NC APPBOVALS PERTAINING rO OEMOLITION Or STFUCTUHES ON IATUhrt WATERWAY: PFOVIDiNG FoR AN EFrECTIyE OATE mTROACTIVE Tc, n*ST FiEADING, JANUARY t1, ?017; FUR ZONTNG tN PnOGAESB PURPOSES. IHIS OSIOINANCE SH.AI,T, BE EFFECTIV€ UPON FiRST FEAD]NG OF THIS OSIDINANCE Ai']D NO APPLICAT}CNS FCfi DEIy'IOLIIIC,,I ITqTH'N THE DfSIGNATEO AFEA S}{ALL BE ACCEPTED BY.THE CITY|pnovlDlNG FSf, EXCEPIONSj pnOVlSlNG FOR SEVEMBILITY; R€pEAL OF Col'IFLICTING OROINANCg FROVII1ION$; AND FFOVIDING FOfl AN EXP|FI TION DA-TE fb;, t*t$n*hte i$ beiig f,errl prtsa1rt lr i4:;tir, 2.G5 dl the ;rty Cf,erltr nnd S ld$. A.rt ,qi- in,iuitrd I 116. ba aicLttd :t !hr- Ptarturg EcLnt!*cot ot 3'r5-i7?.715C. INTERESTED PARrIES eo iNlted to dppGar ar thts fieslihg, A{ he rcpr€ffit€d by an dg.}nt, il to e}Or€ss thsirviffi in wrii4g addtssed to ths City Cofimis€Im, c/o lho City Clolq 17Oo Conyotion C6rer Orive. t, Raor, Cily Hcll. Midri Bqdch, Florids 33t39, ThiE iter,r is av*ilallg lor pulr$c inwe€dior! drrirrg nwrnal bueioe* hogrr in the OFie ol tho Cky 0loA, 1700 dm,rantian Cffils Ori/o, t, Floor. Ciry Hail, Lliemi Boach. Flori.li 3313e. This.netno, ar ily ilafil h'tsln, miry bs conuno€d" sld ufrdtr such circumstincq, edditiofral l€qnl notics hq*d nol bq proYidfil. pursuar{ to $adiatr 2*5.0105, Fla Std., dr€ Ciry hrysDy adviw Iho public thar if a per*n dqddo* ig appet uny dffileifi ilada by ahe CIy Connislon witi recped ao ey manq @ontdsq! frt ite moGNiEg or it! hsadne. ruch p(&d mud gncurg th* i vdbrim racord af lhg paoffidif,gr i$ nads, ehich rffiqrd insluds tho tortimody snd widde upon whioh t'lo sppoil io ro br bnd{d. Thb flofie dosa nol cstlilut{r ddnffit by tho Chy for ths inlrodudion o, admbsisn of olttffiiae inadmi$&ibla gr krolsant ftirlffico, nor dgss lt a!ftorire charlqgo3 q ^pp€ah nor olh€frig€ alld6l by L1w- To roqwl lhi8 marerjal h altsnate lomflt, sign la$guirgs isttrprqifl Uisday rctics rq4tirql), intormalion ffalss for psonr yilh diq8frilitieq, snd/or my Ecq$mcdatign to .€!ie My dosrial 9r p.rtidpslg in any City{pomorod pre6ftflng6, dall 30$.00{.2d80 sffl Befei I fn, En0lilh or 2 ftr Spmish, rh6 dotion 6: TTYurorr msy cill via 711 {Roridt fiilay $tr!dcr). Flalad E Grsnatlo, Clry Clsk City ri Miadri BdschA{ 1rd2 Page757 of757 717