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20170208 BMCommission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 8, 2017 - 8:30 AM Mayor Philip Levine Commissio ner John Elizabeth Aleman Commissio ner Ricky Arriola Commissio ner Michael Grieco Commissio ner Joy Malakoff Commissio ner Kristen Ro sen Gonzalez Commissio ner Micky Steinberg City Manager Jimmy L. Mo rales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATT ENT ION ALL LOBBYIST S Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists w ith the Office of the City Clerk prior to engaging in any lobbying activity w ith 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 law s are available in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate f o rmat, sign language interpreter (f ive-day notice required), inf ormation on access f or persons with disabilities, and/or any accommo dation to review any document or participate in any city-sponso red proceedings, call 305.604.2489 and select 1 for English o r 2 f o r Spanish, then o ption 6; TTY users may call via 711 (Florida Relay Service). In order to ensure adequate public co nsideratio n, if necessary, the Mayor and City Commission may mo ve any agenda item to an alternate meeting. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA KEY Presentations and Awards:Regular Agenda: PA - Presentations and Awards R2 - Competitive Bid Repo rts R5 - Ordinances Consent Agenda:R7 - Reso lutions C2 - Co mpetitive Bid Reports R9 - New Businesses & Commissio n Requests C4 - Co mmission Co mmittee Assignments R10 - City Atto rney Reports C6 - Co mmission Co mmittee Reports C7 - Resolutio ns Reports and Informational Items Page 1 of 878 AGENDA 1.CALL TO ORDER 2.INSPIRATIONAL MESSAGE 3.PLEDGE OF ALLEGIANCE 4.REQUEST FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS 5.RECESS FOR LUNCH AT APPROXIMATELY 12:00 P.M. Presentations and Aw ards PA 1 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO THE MEMBERS OF THE BAND INBLUE FOR VOLUNTEERING THEIR TIME TO PERFORM AT THE MIAMI BEACH POLICE DEPARTMENT TOY DRIVE. Commissioner Micky Steinberg PA 2 CERTIFICATE OF RECOGNITION TO THE MIAMI BEACH POLICE OFFICERS WHO, THROUGH THE USE OF AUTOMATED LICENSE PLATE READERS AND EXCELLENT POLICE AND INVESTIGATIVE TACTICS, SUCCESSFULLY IDENTIFIED, CHASED DOWN AND APPREHENDED A DANGEROUS INDIVIDUAL IN MIAMI BEACH. Commissioner Jo hn Elizabeth Aleman CONSENT AGENDA C2 - Competitive Bid Reports C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-075- KB FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Ho using & Co mmunity Services / Pro curement C2 B REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017- 028-KB CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS. Public Wo rks / Capital Improvement Pro jects / Pro curement C2 C REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2017-077- JC TO DESIGN, FURNISH, INSTALL, MAINTAIN, REMOVE AND STORE HOLIDAY LIGHTING AND DECORATIONS. Property Management / Pro curement C2 D REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) No. 2017-039-JC FOR PLUMBING SERVICES. Property Management / Pro curement C2 E REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) No. 2017-027-ZD FOR LOTTIE APARTMENTS BUILDING REHABILITATION PROJECT. Ho using & Co mmunity Services / Pro curement C4 - Commission Committee Assignments C4 A REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR DISCUSSION Page 2 of 878 CONCERNING FUTURE USE OF THE WEST LOTS. Tourism, Culture and Economic Development C4 B REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT 72ND STREET PARKING LOT (P92). Tourism, Culture and Economic Development C4 C REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO RM-1 AND RM-2 DEVELOPMENT REGULATIONS AND PARKING REQUIREMENTS. Planning Commissioner John Elizabeth Aleman & Vice- Mayor Joy Malako f f C4 D REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO MAXIMUM BUILDING HEIGHTS IN COMMERCIAL ZONING DISTRICTS AND ALLOWABLE HEIGHT EXCEPTIONS. Planning Commissioner John Elizabeth Aleman & Vice- Mayor Joy Malako f f C4 E REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO ROOF REPLACEMENTS AND ROOF MATERIALS. Planning Commissioner John Elizabeth Aleman & Vice- Mayor Joy Malako f f C4 F REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO NONCONFORMING BUILDINGS. Planning Co mmissioners John Elizabeth Aleman and Joy Malako f f C4 G REFERRAL TO THE PLANNING BOARD: ORDINANCE AND COMP PLAN AMENDMENT FOR RE-ZONING OF 600 BLOCK OF WASHINGTON AVENUE. Planning Commissioner Michael Grieco C4 H REFERRAL TO THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO MODIFICATIONS TO THE WEST AVENUE BAY FRONT OVERLAY. Planning Vice-Mayor Joy Malako f f C4 I REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - ORDINANCE AMENDMENT PERTAINING TO INDOOR AND OUTDOOR SPEAKER LOCATIONS ON LINCOLN ROAD. Planning Vice-Mayor Joy Malako f f C4 J REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE REQUIRING MINIMUM LANDSCAPE STANDARDS FOR NEW SINGLE FAMILY CONSTRUCTION, WHICH WILL PROVIDE A VISUAL BUFFER FROM NEIGHBORING PROPERTIES ALONG INTERIOR SIDE LOT LINES. Page 3 of 878 Commissioner Ro sen Gonzalez C4 K REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE – DISCUSSION REGARDING REVISIONS TO CITY REGULATIONS FOR ACLF’S AND RELATED FACILITIES. Planning Commissioner Jo hn Elizabeth Aleman C4 L REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION PERTAINING TO 1. MIAMI-DADE COUNTY REQUIREMENTS FOR MUNICIPALITIES TO ESTABLISH WORKFORCE HOUSING ACTION PLANS AND 2. COMPREHENSIVE PLAN AMENDMENTS AND POTENTIAL INCENTIVES FOR WORKFORCE HOUSING. Housing and Community Services City Commission C4 M REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS COMMISSIONING AN ARTIST TO PAINT THE NORTH BEACH WATER TOWERS. Commissioner Ricky Arriola & Co -Sponsored by Commissioner Aleman C4 N REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND THE FINANCE AND CITYWIDE PROJECTS COMMITTEE REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. Commissioner Michael Grieco C6 - Commission Committee Reports C6 A REPORT OF THE JANUARY 18, 2017 LAND USE AND DEVELOPMENT COMMITTEE M E E T I N G : 1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT. 2. DISCUSSION REGARDING ZONING OVERLAY AND CONSERVATION DISTRICTS FOR THE ENTIRE BOUNDARIES OF THE NORTH SHORE AND NORMANDY ISLES NATIONAL REGISTER DISTRICTS. 3. DISCUSSION REGARDING RESILIENCY AND ADAPTATION CRITERIA FOR LAND USE B OA RDS . 4. DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NON- EATING AND DRINKING ESTABLISHMENTS ON OCEAN DRIVE. 5. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). 6. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY D IS T R ICT. 7. RE-HEARING AND APPEAL PROCESS. 8. AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND THE COMPREHENSIVE PLAN REGARDING NONCONFORMING HOTEL USES ON THE NORTH SIDE OF BELLE ISLE. 9. WAIVER OF OUTSTANDING PARKING LIEU FEES FOR RED STEAKHOUSE, 119 WASHINGTON AVENUE. Planning C6 B REPORT OF THE JANUARY 18, 2017 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN REDEVELOPING CITY PARKS AND CITY-OWNED LAND. 2) DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN CITY-OWNED PROPERTIES. 3) DISCUSSION REGARDING HOW GREEN INFRASTRUCTURE INCLUDING LIVING OR HYBRID SHORELINES CAN COMPLEMENT GREY INFRASTRUCTURE IN OUR CLIMATE ADAPTION ON GOING WORK. 4) DISCUSSION REGARDING THE SECURING AND STORAGE OF COMMERCIAL DUM P S T ERS. 5) DISCUSSION ON ST. PETERSBURG'S INITIATIVE TO RUN ON 100% RENEWABLE ENERGY AND POSSIBILITIES IN MIAMI BEACH. 6) DISCUSSION ON ACTIVE Page 4 of 878 DESIGN MIAMI: DESIGN & POLICY STRATEGIES FOR HEALTHIER COMMUNITIES. 7) DISCUSSION ON BEST PRACTICES FOR BEACH SAND SIFTING AND MAINTENANCE. 8) DISCUSSION ON THE CITY TO OFFER CHRISTMAS TREE RECYCLING. 9) COMMENCING IN 2017 MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. 10) SUSTAINABILITY COMMITTEE. 11) RESILIENCY STRATEGY. Environment & Sustainability C6 C REPORT OF THE JANUARY 20, 2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING: 1. 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 STATION AND SEWER LINE .2. DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH PROGRAM. 3. DISCUSSION REGARDING BUS SURVEY RESULTS TO IDENTIFY TRANSPORTATION NEEDS OF PUBLIC SCHOOL CHILDREN WITHIN TWO-MILE LIMIT OF HOME SCHOOL. 4. DISCUSSION TO IDENTIFY FUNDING FOR A PARTNERSHIP WITH COMMON THREADS IN AN AMOUNT NOT TO EXCEED $18,925.77. 5. DISCUSSION AND POTENTIAL FUNDING OPTIONS FOR A PUBLIC BAYWALK GUARDRAIL LOCATED AT 900 WEST AVENUE SOUTHGATE TOWERS. 6. DISCUSSION REGARDING IMPLEMENTING THE SAFER COMPASS PROGRAM IN THE CITY OF MIAMI BEACH TO REVIEW THE ANALYSIS. 7. DISCUSS FUNDING FOR ADDED SECURITY ON OCEAN DRIVE AS PER THE TEN POINT PLAN 8. DISCUSS THE CURRENT SAFEGUARDS IN PLACE TO ENSURE THE SECURITY OF CITYWIDE FINANCIAL ACCOUNTS AND HOW BEST TO IMPROVE THEM. 9. DISCUSS ENGAGING THE WEST AVENUE NEIGHBORHOOD IN A PILOT PARTICIPATORY BUDGETING PROCESS USING THE FUNDS FROM THE ALTON COURT VACATION. 10. DISCUSS THE CREATION OF A PUBLIC ALLEYWAY FUND. 11. DISCUSSION TO REVIEW CITY CONSTRUCTION CONTRACTS TO HOLD CONTRACTORS MORE ACCOUNTABLE. 12. DISCUSSION REGARDING PARTICIPATION IN THE MIAMI-DADE COUNTY TRANSIT CORPORATE DISCOUNT PROGRAM 13. DISCUSSION ON CREATION OF ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES AND A CITYWIDE ECONOMIC DEVELOPMENT STRATEGY PLAN. 14. DISCUSS URGING THE FLORIDA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND BEVERAGE CONSUMPTION TO FUND EFFORTS TO END H O M E LE S S N E S S . 15. DISCUSSION TO CONSIDER ALLOCATING A RECURRING BUDGETARY AMOUNT TO AN ANNUAL EDUCATIONAL EVENT BY THE HUMAN RIGHTS COM M IT TEE . 16. DISCUSSION REGARDING THE CREATION OF A POCKET PARK ON 20TH STREET AND ALTON ROAD 17. DISCUSS ADDING ILLUMINATED CROSSWALKS OR RAPID RECTANGULAR FLASHING BEACONS ON WEST AVENUE. 18. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE. 19. DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE. 20. DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN CENTRAL BAYSHORE N E IGHB ORHOOD . 21. DISCUSSION REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS. Finance C7 - Resolutions C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER KRISTEN ROSEN GONZALEZ, GROUP IV, AS VICE- MAYOR, FOR A TERM COMMENCING ON MARCH 1, 2017 AND TERMINATING ON JUNE 30, 2017. Of f ice o f the City Clerk C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY’S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXIMUM Page 5 of 878 PAYMENT OF $750.00, PER CASE. Of fice of the City Clerk / Of f ice of the City Attorney C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE PURCHASE OF REFURBISHING SERVICES FOR TWO (2) SKYWATCH TOWERS, PURSUANT TO SECTION 2-367(d) OF THE MIAMI BEACH CITY CODE, FOR THE MIAMI BEACH POLICE DEPARTMENT, FROM FLIR SYSTEMS, INC., THE EXCLUSIVE MANUFACTURER AND SELLER FOR SKYWATCH TOWERS, AND AUTHORIZING THE CITY ADMINISTRATION TO UTILIZE FLIR SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED $140,000. Police C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE UNITED STATES MARSHALS SERVICE, WHICH SERVES TO EXTEND THE PARTICIPATION OF THE MIAMI BEACH POLICE DEPARTMENT, FOR THE PURPOSE OF LOCATING AND APPREHENDING FUGITIVES IN AN EFFORT TO REDUCE VIOLENT CRIME. Police C7 E 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 QUALIFICATIONS (RFQ) NO. RFQ 2017-003-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE 1ST STREET (ALTON ROAD TO WASHINGTON AVE) PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WADE TRIM, INC., AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH WADE TRIM, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HAZEN AND SAWYER, AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH HAZEN AND SAWYER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KIMLEY-HORN AND ASSOCIATES, INC. , AS THE THIRD HIGHEST RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Public Works / Pro curement C7 F 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 QUALIFICATIONS (RFQ) NO. 2017-037-KB FOR ROOFING CONSULTANT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP THREE (3) RANKED PROPOSERS, ROOF MANAGEMENT SOLUTIONS, LLC; INTERTEK-PROFESSIONAL SERVICE INDUSTRIES, INC.; AND WISS, JANNEY, ELSTNER ASSOCIATES, INC., AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EACH OF THE PROPOSERS, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. Property Management / Pro curement C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #13, WITH THE FLORIDA SHERIFFS ASSOCIATION, FOR THE PURCHASE OF ONE (1) PIERCE AERIAL PLATFORM FROM TEN-8 FIRE EQUIPMENT, INC., IN THE AMOUNT OF $993,498.40, TO REPLACE THE EXISTING UNIT WHICH HAS Page 6 of 878 EXCEEDED ITS USEFUL LIFE.Fleet Management C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #03, WITH THE FLORIDA SHERIFFS ASSOCIATION, FOR THE PURCHASE OF THREE (3) 2017 HORTON MODEL 623 RESCUE TRANSPORT UNITS FROM HALL-MARK RTC, IN THE TOTAL AMOUNT OF $932,884.50, TO REPLACE THREE EXISTING UNITS WHICH HAVE EXCEEDED THEIR USEFUL LIFE. Fleet Management C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PARTNER WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE ANTI-DEFAMATION LEAGUE TO IMPLEMENT A CITYWIDE ANTI-BULLYING PROGRAM ENTITLED "NO PLACE FOR HATE," WHICH SHALL COMMENCE AT THE START OF THE 2017-18 SCHOOL YEAR AND CONTINUE EACH YEAR THEREAFTER (SUBJECT TO FUTURE BUDGETARY APPROPRIATIONS BY THE CITY COMMISSION), AT COST TO THE CITY NOT TO EXCEED $3,750 FOR THE FIRST YEAR, WHICH FUNDS SHALL BE APPROPRIATED FROM THE CITY'S EDUCATION COMPACT FUND. Organizational Development Performance Initiatives Mayor Philip Levine C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE RHYTHM FOUNDATION, INC., FOR THE STAGE RESTORATION AND SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE BANDSHELL, IN THE TOTAL AMOUNT NOT TO EXCEED $102,600.00. Parks and Recreation C7 K 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 AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF BAL HARBOUR FOR THE CITY TO CONTINUE TO PROVIDE SEWAGE CONVEYANCE SERVICES; AND AUTHORIZING THE TRANSFER OF TITLE FROM BAL HARBOR TO THE CITY OF A SEWER METER, IN ORDER FOR THE CITY TO PROVIDE A MORE ACCURATE MEASUREMENT OF BAL HARBOUR'S SEWAGE FLOW. Public Works C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF SD-42 IRONSITE SERIES LITTER RECEPTACLES FROM SITE HORIZONS, LLC., THE SOLE AUTHORIZED DISTRIBUTOR OF VICTOR STANLEY LITTER RECEPTACLES IN THE STATE OF FLORIDA, FOR PURPOSES OF STANDARDIZING LITTER RECEPTACLES CITYWIDE, IN AN AMOUNT NOT TO EXCEED $240,000 ANNUALLY, FOR A PERIOD OF THREE (3) YEARS. Public Works C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO MODIFY A GRANTED NON-EXCLUSIVE UTILITY EASEMENT TO CONTAIN AN AREA OF APPROXIMATELY 2,095 SQUARE FEET (SF), TO FLORIDA POWER AND LIGHT (FPL) AT Page 7 of 878 THE MIAMI BEACH CONVENTION CENTER PROPERTY, LOCATED AT 1901 CONVENTION CENTER DRIVE, FOR THE OPERATION AND MAINTENANCE OF DUCTBANKS, PAD MOUNTED TRANSFORMER, AND ASSOCIATED EQUIPMENT SERVING THE CONVENTION CENTER AND REGIONAL STORMWATER PUMP STATION, WHICH EASEMENT IS ATTACHED HERETO AS EXHIBIT I.Public Works C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER REGARDING THE EXISTENCE OF A PUBLIC EMERGENCY AND, ACCORDINGLY, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING FURTHER THAT THE BEST INTEREST OF THE CITY WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK ENGINEERING, APPROVED PURSUANT TO RESOLUTION NO. 2016-29456, FOR THE “INDIAN CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET - FLOODING MITIGATION PROJECT”; SAID AMENDMENT IN THE AMOUNT OF $744,863.99 PLUS A $74,486.39 CONTINGENCY, FOR A TOTAL AMOUNT OF $819,350.38 FOR THE PREPARATION OF A SET OF CONSTRUCTION PLANS FROM 25TH TO 26TH STREET AND 26th TO 41ST STREET INCLUDING SIDE STREETS ALONG THE ENTIRE PROJECT LIMITS. THE CONSTRUCTION PLANS WILL INCLUDE ROADWAY, TRAFFIC CONTROL PLANS, SEAWALL, DRAINAGE, SIGNING AND PAVEMENT MARKINGS AND SIGNALIZATION COMPONENTS. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Public Works C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES ("ACTIVE DESIGN MIAMI"), DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN ("MCAD"); AND DIRECTING CITY STAFF TO INCORPORATE ACTIVE DESIGN MIAMI STRATEGIES INTO PLANNING FUNCTIONS, WHEREVER POSSIBLE. Environment & Sustainability C7 P 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 CHILDREN'S TRUST, FAMILY AND NEIGHBORHOOD SUPPORT PARTNERSHIPS, IN THE APPROXIMATE AMOUNT OF $500,000; 2) FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FOR THE FLORIDA URBAN AND COMMUNITY FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $29,247; 3) FLORIDA OFFICE OF THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT GRANT, IN THE APPROXIMATE AMOUNT OF $425,000; 4) FLORIDA DEPARTMENT OF HEALTH, FOR THE EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $26,000; 5) FLORIDA RECREATION AND PARK ASSOCIATION (FRPA) FOR THE FIT2PLAY PROGRAM IN THE APPROXIMATE AMOUNT OF $5,000, AND; 6) APPROVAL TO PARTICIPATE WITH THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) IN A GRANT APPLICATION TO THE VOLKSWAGEN GROUP OF AMERICA. Of f ice o f Budget and Perf ormance Improvement C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE GOVERNOR OF FLORIDA APPLY FOR AND ADMINISTER FUNDING FROM THE VOLKSWAGEN ENVIRONMENTAL MITIGATION TRUST, CREATED PURSUANT TO A PARTIAL CONSENT DECREE BETWEEN VOLKSWAGEN AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY ("EPA"), WHICH Page 8 of 878 DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION; AND PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE OF THE GOVERNOR OF FLORIDA. Environment & Sustainability C7 R A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND THE WRITTEN RECOMMENDATION OF THE CITY MANAGER, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; SUCH WAIVER AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW AGREEMENT WITH BIG BELLY SOLAR, INC, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION, FOR A TERM OF ONE (1) YEAR; FOR THE USE OF THE TWENTY-FOUR (24) EXISTING SMARTBELLY TRASH CAN STATIONS (WHICH ARE THE SUBJECT OF THE PILOT PROGRAM), AND ADDING ADDITIONAL SMARTBELLY TRASH CAN STATIONS AT ADDITIONAL CITY LOCATIONS, IN A TOTAL AMOUNT NOT TO EXCEED $99,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT; AND EXTENDING, ON A MONTH TO MONTH BASIS, THE AGREEMENT WITH BIG BELLY SOLAR, INC, DATED DECEMBER 4, 2015, FOR A ONE (1) YEAR PILOT PROGRAM, UNTIL THE NEW AGREEMENT IS EXECUTED. Public Works C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING CITY FEES FOR THE RUCK FOR VETS MARCH ON APRIL 22, 2017. Commissioner Jo hn Elizabeth Aleman C7 T A RESOLUTION WAIVING THE SPECIAL EVENT FEES, IN THE AMOUNT OF $34,203.55, FOR THE MIAMI BEACH GAY PRIDE, PRESENTED BY CELEBRITY CRUISES. Commissioner Michael Grieco C7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING SB 534 AND ANY SIMILAR LEGISLATION THAT WOULD PREEMPT LOCAL GOVERNMENTS THAT CONTRACT FOR PUBLIC WORKS PROJECTS FROM IMPOSING RESTRICTIVE CONDITIONS ON CERTAIN CONTRACTORS, SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR CARRIERS, OR THAT WOULD PROHIBIT LOCAL GOVERNMENTS FROM RESTRICTING QUALIFIED BIDDERS FROM SUBMITTING BIDS OR BEING AWARDED CONTRACTS. Of f ice o f the City Attorney Commissioner Micky Steinberg REGULAR AGENDA R5 - Ordinances R5 A MEDICAL CANNABIS MORATORIUM ON ESTABLISHING USE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW- Page 9 of 878 THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; R E P E A L OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 10:00 a.m. Second Reading Public Hearing Planning / Of f ice o f the City Attorney First Reading on January 25, 2017 - R5 A Co mmissioner Ricky Arriola & Vice-Mayor Joy Malako f f R5 B TEMPORARY MORATORIUM ON ACLF & RELATED FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 10:05 a.m. First Reading Public Hearing Planning and City Attorney Commissioner Jo hn Aleman R5 C 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 CAFÉ PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Public Works First Reading on January 25, 2017 - R5 B Commissioner Ricky Arriola R5 D DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (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 Page 10 of 878 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; REPE A L OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 10:15 a.m. Second Reading Public Hearing Planning / Of f ice o f the City Attorney First Reading on January 11, 2017 - R5 A Commissioner Ricky Arriola & Co -Sponsored by Vice-Mayor Joy Malako f f R5 E 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, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Of f ice o f the City Attorney First Reading on January 11, 2017 - R5 I Commissioner Michael Grieco R5 F COMPREHENSIVE PLAN – TRANSIT MASTER PLAN AND CONCURRENCY 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 “TRANSIT INTERMODAL FACILITIES” AS A PERMITTED USE WITH IN THE FOLLOWING LAND USE CATEGORIES: P LOW INTENSITY COMMERCIAL CATEGORY (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), 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 JULIA 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 FOLLOWS: OBJECTIVE 1, ENTITLED “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 OPTIONS; OBJECTIVE 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 INFRASTRUCTURE; OBJECTIVE 6, ENTITLED “MULTI-MODAL TRANSPORTATION AND MOBILITY OPTIONS,” TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION OPTIONS; 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 Page 11 of 878 ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:25 a.m. First Reading Public Hearing (item became 1st Rdg again after title change) Planning Continued f ro m January 11, 2016 - R5 C Commissioner Ricky Arriola R5 G NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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; R E P E A L OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 10:30 a.m. First Reading Public Hearing Planning / Of f ice o f the City Attorney Vice-Mayor Joy Malako f f R5 H DISCONTINUANCE OF NONCONFORMING USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE IX, “NONCONFORMANCES,” TO ADD SECTION 118-390 “PURPOSE/APPLICABILITY,” AND AMEND SECTION 118-394, “DISCONTINUANCE OF NONCONFORMING USES” TO DEFINE THE PROCESS FOR RETAINING LEGAL NON- CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:01 p.m. First Reading Public Hearing Planning Commissioner Michael Grieco R5 I SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI Page 12 of 878 BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” OF CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING DIVISION 2, ENTITLED “ACCESSORY USES”; BY AMENDING ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVISION 3, ENTITLED “SUPPLEMENTARY USE REGULATIONS,” BY AMENDING SECTION 142-1111(b)(3), ENTITLED “ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT,” WHICH WILL MODIFY THE ELIGIBILITY REQUIREMENTS AND PROVISIONS FOR PROPERTY OWNERS; BY AMENDING SECTION 142-1111(b)(4), ENTITLED “SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES,” BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 5:02 p.m. First Reading Public Hearing Planning Commissioner Jo hn Elizabeth Aleman R5 J LINCOLN ROAD PROHIBITED USE AMENDMENT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED “GENERAL PROVISIONS,” TO PROVIDE FOR DEFINITIONS FOR “CHECK CASHING STORE,” “CONVENIENCE STORE,” “OCCULT SCIENCE ESTABLISHMENT,” “PHARMACY STORES,” “SOUVENIR AND T-SHIRT SHOP,” “TATTOO STUDIO,” AND RELATED DEFINITIONS; AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” AT DIVISION 6, “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” SECTION 142-335, “PROHIBITED USES”; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:03 p.m. First Reading Public Hearing Planning Commissioner Michael Grieco R5 K OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS: 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,” DIVISION 13, “MXE - MIXED USE ENTERTAINMENT DISTRICT,” BY AMENDING SECTION 142-546 THEREOF, ENTITLED “ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE,” TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904 THEREOF, ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 5:04 p.m. First Reading Public Hearing Planning Commissioner Ricky Arriola R5 L CD-2 HEIGHT AND EXISTING NONCONFORMING BUILDINGS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS O F T H E CITY C O D E , B Y A M E N D I N G C H A P T E R 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM- INTENSITY DISTRICT," S E C T I O N 1 4 2 -3 0 6 , "DEVELOPMENT REGULATIONS," BY AMENDING THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS; PROVIDING FOR CODIFICATION; Page 13 of 878 REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. First Reading Planning Commissioner Ricky Arriola R5 M 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 82-382, ENTITLED "APPLICATION," TO REQUIRE APPLICANTS AND PERMITTEES FOR SIDEWALK CAFES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUBMIT AN AFFIDAVIT OF SATISFACTORY COMPLETION OF A HOSPITALITY TRAINING PROGRAM THAT HAS BEEN PREVIOUSLY APPROVED BY THE CITY MANAGER; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) First Reading Of f ice o f the City Attorney Commissioner Ricky Arriola R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS": SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS; SECTION 38-7 REGARDING INITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMING CONDITIONS FOR DISQUALIFICATION OF PETITIONS/SIGNATURES, REQUIRING CERTAIN ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING ELECTOR WHO SIGNS PETITION PROHIBITED FROM WITNESSING HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Of fice o f the City Attorney / Of f ice of the City Clerk Vice-Mayor Joy Malako f f R5 O AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 32, ENTITLED "LGBT ADVISORY COMMITTEE," TO CHANGE THE NAME OF THE COMMITTEE TO THE "LGBTQ ADVISORY COMMITTEE," DELETING OUTDATED LANGUAGE REGARDING THE COMMITTEE'S INITIAL COMPOSITION, AND CORRECTING SCRIVENER'S ERRORS TO PROVIDE CONSISTENCY IN CAPITALIZATION THROUGHOUT DIVISION 32; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Of f ice o f the City Attorney Commissioners John Elizabeth Aleman & Vice- Mayor Joy Malako f f R5 P 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, ENTITLED “USES IN PUBLIC RIGHTS-OF-WAY,” BY AMENDING DIVISION 5, ENTITLED “SIDEWALK CAFES,” BY AMENDING SUBDIVISION II, ENTITLED PERMIT,” BY AMENDING SECTION 82-381, ENTITLED “PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO REMOVE SIDEWALK CAFES,” BY AMENDING THE REQUIREMENTS FOR THE SEPARATE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES ON CUSTOMERS’ BILLS AND RECEIPTS; BY AMENDING SECTION 82-382, ENTITLED Page 14 of 878 “APPLICATION,” BY AMENDING THE APPLICATION REQUIREMENTS TO INCLUDE AN AFFIDAVIT STATEMENT OF COMPLIANCE WITH THE ITEMIZATION AND DISCLOSURE REQUIREMENTS REGARDING GRATUITIES, SERVICE CHARGES, AND TAXES; BY AMENDING SECTION 82-385, ENTITLED “MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES,” BY AMENDING THE CONDITIONS FOR THE OPERATION OF SIDEWALK CAFES TO INCLUDE THE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Of f ice o f the City Attorney Commissioner Michael Grieco R7 - Resolutions R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 142-367 OF THE CITY’S CODE, AUTHORIZING THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-362 AND 142-363, ENTITLED “MAIN PERMITTED USES,” AND “CONDITIONAL USES,” IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL FOR HIRE LOCATED AT THE MIAMI BEACH BOTANICAL GARDEN OPERATED BY MIAMI BEACH GARDEN CONSERVATORY, INC. 11:00 a.m. Public Hearing Planning Commissioner Michael Grieco R7 B 1. BANDSHELL RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142- 425 OF THE CITY’S CODE, THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423, ENTITLED “MAIN PERMITTED USES,” AND “PRIVATE USES,” IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE BANDSHELL FACILITY AND A HALL FOR HIRE LOCATED AT THE CITY-OWNED NORTH SHORE BANDSHELL, OPERATED BY THE RHYTHM FOUNDATION, INC. 2. SHANE WATERSPORTS RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-425 OF THE CITY’S CODE, THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423, ENTITLED “MAIN PERMITTED USES,” AND “PRIVATE USES,” IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE A HALL FOR HIRE LOCATED AT THE CITY-OWNED RONALD W. SHANE WATERPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY MIAMI BEACH WATERSPORTS, INC. 11:05 a.m. Public Hearings Planning Commissioner Michael Grieco R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, Page 15 of 878 FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE NAMING OF THE FOUNTAIN WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT. 11:15 a.m. Public Hearing Parks and Recreation R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. 11:20 a.m. Public Hearing Budget and Perf ormance Improvement R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE UNITED STATES CONGRESS TO REVISE THE NATIONAL FLOOD INSURANCE PROGRAM TO ELIMINATE THE DISPROPORTIONATE SUBSIDIES PAID BY THE STATE OF FLORIDA TO OTHER PARTS OF THE NATION, AND TO INCREASE THE AMOUNT OF SUBSIDIES ALLOCATED IN FLORIDA, TO AN AMOUNT EQUAL TO AT LEAST 25% OF FLOOD INSURANCE PREMIUMS PAID IN THE STATE OF FLORIDA, FOR REINVESTMENT IN RESILIENT INFRASTRUCTURE PROJECTS IN THE STATE OF FLORIDA; AND, FURTHER, URGING THE FLORIDA LEGISLATURE TO ADOPT STRICTER BUILDING CODES THAT INCORPORATE MEASURES THAT ADDRESS SEA LEVEL RISE, AND TO ADOPT LAWS THAT REQUIRE INSURANCE COMPANIES TO PROVIDE INCENTIVES FOR THE IMPLEMENTATION OF RESILIENT MEASURES THAT MITIGATE THE RISKS RELATED TO CLIMATE CHANGE AND FLOODING. Of f ice o f the City Attorney Def erred f rom January 11, 2017 - R7 H Commissio ner Kristen Ro sen Gonzalez R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING TWO (2) WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, PURSUANT TO SECTION 142-425(d), OF THE CITY’S CODE, FOR THE PARKING GARAGE TO BE CONSTRUCTED AT THE P-16 SURFACE PARKING LOT, LOCATED AT 13TH STREET AND COLLINS AVENUE, WITHIN THE OCEAN DRIVE/COLLINS AVENUE HISTORIC DISTRICT: (1) A WAIVER OF SECTION 142-547(A), OF THE CITY CODE, REDUCING THE MINIMUM FRONT SETBACK (EAST SIDE) FROM TEN (10) FEET TO EIGHT (8) FEET NINE (9) INCHES; AN ADDITIONAL REDUCTION TO TWO (2) FEET FIVE (5) INCHES REDUCING THE MINIMUM FRONT SETBACK AT THE VERTICAL CIRCULATION TOWER; AND REDUCING THE SIDE SETBACK (NORTH SIDE), FACING A STREET, FROM FIVE (5) FEET TO ZERO (0) FEET; AND (2) A WAIVER OF SECTION 142- 545, OF THE CITY CODE INCREASING THE MAXIMUM BUILDING HEIGHT FROM FIFTY (50) FEET TO SEVENTY FIVE (75) FEET. Capital Improvement Projects R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-091-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II NORTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $30,850,663.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $3,085,066.30; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Public Works / Pro curement R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, Page 16 of 878 FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-090-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $13,285,990.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $1,328,599.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Public Works / Pro curement R7 I 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. 1 TO THE ARCHITECTURAL AND ENGINEERING (A/E) DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C., FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE LINCOLN ROAD DISTRICT IMPROVEMENTS PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $1,274,000; WITH PREVIOUSLY APPROPRIATED FUNDING. Capital Improvement Projects R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR RENEWAL OPTION PURSUANT TO THE MIAMI BEACH TENNIS MANAGEMENT, LLC AGREEMENT TO PROVIDE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY’S FLAMINGO AND NORTH SHORE TENNIS CENTERS. Parks and Recreatio n / Pro curement R7 K A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF MIAMI BEACH, FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN REDEVELOPING CITY PARKS AND CITY- OWNED LAND. Environment & Sustainability / Greenspace R7 L RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, WITH AN ACCOMPANYING EASEMENT AGREEMENT FOR THE PRIOR UPLAND OWNER, SO THAT THE PRIOR UPLAND OWNER MAY HAVE ACCESS TO THE SEAWALL TO DEVELOP A DOCK; ALONG THE APPROXIMATELY 4,000 LINEAR FEET OF SEAWALL ALONG INDIAN CREEK DRIVE; SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH STREET AND 41 ST STREET. Public Works R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS. Of f ice of the City Attorney and Of f ice of the City Clerk Mayo r Philip Levine & Co -spo nsored by Vice- Mayor Joy Malakof f and Co mmissioner John Page 17 of 878 Elizabeth Aleman R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO EXPAND THE PACE PROGRAM AND TO ENACT OTHER MEASURES THAT SUPPORT RESILIENCY IN THE STATE OF FLORIDA. Of f ice o f the City Attorney Commissio ner Kristen Ro sen Gonzalez R7 O A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH AT&T FOR TURNKEY NEXT GENERATION E911 PUBLIC SAFETY ANSWERING POINT (PSAP) EQUIPMENT AND SOFTWARE, INCLUSIVE OF MONTHLY MAINTENANCE RATES, FOR A FIVE (5) YEAR TERM, IN AN AMOUNT NOT TO EXCEED $1,081,880.00, FOR THE PURPOSE OF UPGRADING AND MAINTAINING THE CITY'S EXISTING AT&T EQUIPMENT AND NETWORK, AND TO ENHANCE AND FACILITATE THE SITUS UPGRADE TO NEXT GENERATION 911, WHICH INCLUDES TEXT AND MULTIMEDIA CAPABILITIES. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Emergency Management R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OCEAN DRIVE SIDEWALK CAFE DESIGN GUIDELINES TO ALLOW THE HISTORIC PRESERVATION BOARD TO REVIEW AND APPROVE THE PROPOSED COLOR OF RETRACTABLE UMBRELLAS ON OCEAN DRIVE, SO AS TO ENSURE COMPATIBILITY WITH ICONIC ARCHITECTURE. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Planning Department Commissioner Ricky Arriola R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER REGARDING THE EXISTENCE OF A PUBLIC EMERGENCY AND, ACCORDINGLY, WAIVE, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING FURTHER THAT THE BEST INTEREST OF THE CITY WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 6 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY AND LANZO CONSTRUCTION CO. (“LANZO”), WHICH ORIGINAL AGREEMENT WAS APPROVED PURSUANT TO RESOLUTION NO. 2014-28765, FOR THE SUNSET HARBOUR PUMP STATION RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT; SAID 6TH AMENDMENT, IN THE NOT TO EXCEED AMOUNT OF $1,272,368, IS NEEDED IN ORDER TO (1) PROVIDE ADDITIONAL LANDSCAPE TO THE NEIGHBORHOOD; AND, (2) PROVIDE PERMANENT EMERGENCY GENERATOR TO PUMP STATION NO. 2 AND PUMP STATION NO. 3; INCLUDING ASSOCIATED WATER, SEWER, LIGHTING AND IRRIGATION; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE 6TH AMENDMENT, UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) Public Works R9 - New Business and Commission Requests R9 A BOARD AND COMMITTEE APPOINTMENTS. Of f ice o f the City Clerk R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS. Page 18 of 878 Of f ice o f the City Clerk R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. (8:30 A.M.) DR. STANLEY SUTNICK CITIZEN'S FORUM. (1:00 P.M.) Of f ice o f the City Clerk R9 D DISCUSSION ON PROMOTING SUSTAINABLE PRACTICES THROUGH THE REDUCTION OF PAPER USAGE IN MUNICIPAL OPERATIONS. Commissioner Micky Steinberg R9 E DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING. Marketing and Communications Def erred f rom November 9, 2016 - R9 M R9 F DISCUSSION REGARDING ADDING BELLE ISLE TO ONE OF THE CURRENT TROLLEY ROUTES. Commissio ner Kristen Ro sen Gonzalez R9 G DISCUSSION ON HOW THE CITY COULD CREATE A SAFE AND CONVENIENT WAY FOR PEDESTRIANS TO WALK ALONG DADE BOULEVARD DURING THE CONVENTION CENTER CONSTRUCTION. Commissio ner Kristen Ro sen Gonzalez R9 H DISCUSSION REGARDING MIAMI BEACH OFFERING A TROLLEY LOOP TO THE WYNWOOD AND MIDTOWN NEIGHBORHOODS IN THE CITY OF MIAMI. Commissio ner Kristen Ro sen Gonzalez R9 I DISCUSSION REGARDING HISTORIC PLAQUES FOR HISTORICALLY DESIGNATED HOMES AND HOTELS. Kristen Ro sen Gonzalez R9 J DISCUSSION ON POTENTIAL OPTIONS FOR THE RE-ENGAGEMENT OF DOVER-KOHL IN THE REVIEW OF CONSERVATION DISTRICTS FOR NORTH BEACH. Planning / Office of the City Manager R9 K DISCUSSION REGARDING A PROPOSED CROSSWALK AT THE ALTON ROAD AND 9TH STREET INTERSECTION. Transportation Commissioner Michael Grieco R9 L DISCUSSION REGARDING THE STATUS OF THE BEACHWALK FROM 3RD TO 5TH ST. Commissioner Ricky Arriola R9 M DISCUSSION REGARDING ESTABLISHING A ONE YEAR GRACE PERIOD AND PROCEDURE TO BRING STRUCTURES BUILT OR REMODELED WITHOUT PROPER PERMITS OR BUILT LACKING MANDATORY INSPECTIONS INTO COMPLIANCE WITH THE BUILDING CODE. Commissioner Micky Steinberg R9 N DISCUSSION ITEM REQUESTING AN UPDATE FROM THE POLICE DEPARTMENT AND OFFICE OF COMMUNITY SERVICES REGARDING THE CHANGE IN HOURS OF LIQUOR SALES FROM 8:00 A.M. TO 10:00 A.M. Vice-Mayor Joy Malako f f R9 O DISCUSSION ITEM TO RECONSIDER THE CITY'S USE OF BONDED AGGREGATE FOR TREE PITS. Page 19 of 878 Commissioner Jo hn Elizabeth Aleman R9 P DISCUSS ADAPTIVE REUSE OF BUILDINGS ALONG HARDING AVENUE. Commissioner Ricky Arriola R10 - City Attorney Reports R10 A CITY ATTORNEY STATUS REPORT. Of f ice o f the City Attorney Reports and Informational Items 1.REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE. Of f ice o f the City Clerk Notices 1.MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS. 2.HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 3.USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR PRESENTATIONS DURING PUBLIC MEETINGS. 4.2017 COMMISSION MEETING DATES. 5.ADVERTISEMENTS FOR THE FEBRUARY 8, 2017 COMMISSION MEETING. Page 20 of 878 Competitiv e Bid Re ports - C2 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REQUEST FOR APPROVAL TO I SSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-075-KB FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATI ON. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Housing & Community Services / Procurement Page 21 of 878 Competitiv e Bid Re ports - C2 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATI ONS (RFQ) NO. 2017-028-KB CONSTRUCTION ENGINEERI NG AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVI CES ON AN "AS NEEDED" BASIS. RECOMMENDATION Authorize the issuance of the RFQ. ANALY SIS Adequate management of construction projects by City of Miami Beach departments requires implementation of Construction Engineering and I nspection (CEI) services during construction. The ability to have a rotating list of CEI firms available to provide these services f or various City departments would enable the City to ef f ectively and efficiently manage the construction phase of these projects. The scope of services describes and defines the CEI services which are required f or contract administration, inspection, and materials sampling and testing for the construction projects. Therefore, the City is seeking proposals from qualified Prof essional Construction Engineering and Inspection (CEI ) f irms to provide various CEI services to the City on an “as needed” basis. “As needed” basis means that each firm awarded a contract pursuant to this RFQ will be placed on a professional CEI list where the City may call upon it to perf orm prof essional projects, as assigned by the City Administration. As the need for services arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. It is the intent of the City of Miami Beach to select several firms under this RFQ, which will be contacted on an as-needed basis. · M INIM UM QUALIFICAT IONS. Please Ref erence, Appendix C, Page 25, RFQ 2017-028-KB for Prof essional Construction Engineering and Inspection (CEI ) Firms to Provide Various CEI Services On an “As Needed” Basis (attached). · SUBM IT TAL REQUIREM ENT S. Please Ref erence Section 0300, Page 12, RFQ 2017-028-KB for Prof essional Construction Engineering and Inspection (CEI ) Firms to Provide Various CEI Services On an “As Needed” Basis (attached). · CRIT ERIA FOR EVALUAT ION. Please Reference Section 0400, Page 14, RFQ Page 22 of 878 2017-028-KB for Prof essional Construction Engineering and Inspection (CEI ) Firms to Provide Various CEI Services On an “As Needed” Basis (attached). CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ No. 2017-028-KB f or Prof essional Construction Engineering and I nspection (CEI ) Firms to Provide Various CEI Services on an “As Needed” Basis is subject to funds availability approved through the City’s budgeting process. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Grant f unding will not be utilized for this project. Legislative Tracking Public Works / Capital I mprovement Projects / Procurement ATTACHMENTS: Description Draft Solicitation RFQ 2017-028-KB Page 23 of 878 RFQ ISSUANCE DATE: FEBRUARY 10, 2017 STATEMENTS OF QUALIFICATIONS DUE: MARCH 27, 2017 @ 3:00 PM ISSUED BY: Page 24 of 878 TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ............................ 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT ................................................................. 12 0400 EVALUATION PROCESS ......................................................................................... 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........ 17 APPENDIX B “NO BID” FORM .......................................................................................... 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..................................... 25 APPENDIX D SPECIAL CONDITIONS .............................................................................. 36 APPENDIX F INSURANCE REQUIREMENTS ................................................................. 38 Page 25 of 878 SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the “City”), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (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 Proposer and, subsequently, the successful proposer(s) (the “contractor[s]”) if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. Adequate management of construction projects by City of Miami Beach departments requires implementation of Construction Engineering and Inspection (CEI) services during construction. The ability to have a rotating list of CEI firms available to provide these services for various City departments would enable the City to effectively and efficiently manage the construction phase of these projects. The scope of services describes and defines the CEI services which are required for contract administration, inspection, and materials sampling and testing for the construction projects. The Purpose of this Request for Qualifications (RFQ) is to qualify Professional Construction Engineering and Inspection (CEI) firms to provide various CEI services to the City on an “as needed” basis. Additionally, the terms “FIRM”, “PROPOSER”, “CONSULTANT,” “PRIME PROPOSER” are used inte rchangeably and shall refer to the firm that will contract with the City for the performance consultant services and work for the project. “As needed” basis means that each firm awarded a contract pursuant to this RFQ will be placed on a professional CEI l ist where the City may call upon it to perform professional projects, as assigned by the City Administration. As the need for services arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. It is the intent of the City of Miami Beach to select several firms under this RFQ, which will be contacted on an as-needed basis. This RFQ is not governed by the requirements of Section 287.055, Florida Statutes. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: Solicitation Issued February 10, 2017 Pre-Submittal Meeting February 22, 2017 at 10:00am Deadline for Receipt of Questions March 17, 2017 at 5:00pm Responses Due March 27, 2017 at 3:00pm Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Page 26 of 878 Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: KRISTY BADA 305-673-7490 KRISTYBADA@MIAMIBEACHFL.GOV Additionally, the City Clerk is to be copied on all communications via e -mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188. 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. 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 RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd 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) 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 RFQ 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 th is solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. 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 RFQ Timetable section. 7. CONE OF SILENCE. This RFQ 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 2-486 of the City Code. Proposers shall be solely Page 27 of 878 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 websit e: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510  CONE OF SILENCE…………………………………………………………… CITY CODE SECTION 2-486  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 2-481 THROUGH 2-406  CAMPAIGN CONTRIBUTIONS BY VENDORS…………………………….. CITY CODE SECTION 2-487  CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES………………………………………………………………………….. CITY CODE SECTION 2-488  REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS…………………………………… CITY CODE SECTION 2-373  LIVING WAGE REQUIREMENT……………………………………………… CITY CODE SECTIONS 2-407 THROUGH 2-410  PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES……………………….. CITY CODE SECTION 2-374  FALSE CLAIMS ORDINANCE………………………………………………... CITY CODE SECTION 70-300  ACCEPTANCE OF GIFTS, FAVORS & SERVICES………………………... CITY CODE SECTION 2-449 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 RFQ 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 RFQ 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 2-406 of the City Code. 12. WITH THE CITY’S CAMPAIGN FINANCE REFORM LAWS. This RFQ 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. Page 28 of 878 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 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 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 contro lled 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 RFQ, 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 veter an(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise 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 Proposer(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 conside ration 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 specified, 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. Page 29 of 878 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. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be cre ated at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. Postponement/Cancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. 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 writ ten 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. Ignorance 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 consid eration 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 an d expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and th at 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 SAFETY. In 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 violati ons 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. Page 30 of 878 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 RFQ. 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. Invoices 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, 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. If 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 app roval of such contract 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 OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner 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 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 th e 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. In 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, intersexualit y, gender identity, sexual orientation, marital and familial status, and age or disability. Page 31 of 878 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Pro poser, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer'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 oth er 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 representati ves of a manufacturer or supplier, which is the actual source of supply. In 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 OF WORK TO BE RECEIVED BY CONTRACTOR. It 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 from state or other governmental contract, or on an as -needed basis through the City’s spot market purchase provisions. 39. DISPUTES. In 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. Page 32 of 878 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, w here 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 otherwise pr ovided 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 the State Constitution until such 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 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 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; (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 RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guide lines). Ignorance 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. Page 33 of 878 45. MODIFICATION/WITHDRAWALS 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 rec eived 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. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, 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 d iscretion, may accept or reject any or all exceptions and alternatives. In 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 RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 48. 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, fo r 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. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. 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 vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(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). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to b e 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 Page Intentionally Left Blank Page 34 of 878 SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (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 the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications 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 Statement of Qualifications 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 otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications 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. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter & Minimum Qualifications Requirements 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 Response 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 qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm’s history and relevant experience and proven track 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 year(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 respondent team member to be assigned to this contract. 2.3 Financial Capacity. At the request of the City, Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. Once requested by the City, 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/servlet/SupplierPortal?storeId=11696 Proposals 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 at 800-424-2495. Page 35 of 878 TAB 3 Approach and Methodology For each scope of service outlined in Tab 3, Scope of Services, s ubmit detailed information on the approach and methodology how proposer plans to accomplish the proposed scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (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). Page 36 of 878 SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will b e forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In 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 t o the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 1 - Qualitative Criteria Maximum Points Proposer Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE STEP 1 POINTS 100 Step 2 - Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 Page 37 of 878 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation 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: Proposer A Proposer B Proposer C Committee Member 1 Step 1 Points 82 76 80 Step 2 Points 22 15 12 Total 104 91 92 Rank 1 3 2 Committee Member 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 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 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 * 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. Page 38 of 878 APPENDIX A ________________________________________________________________________ Response Certification, Questionnaire & Requirements Affidavit ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 39 of 878 Solicitation No: 2017-028-KB Solicitation Title: PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS Procurement Contact: Kristy Bada Tel: 305-673-7490 Email: kristybada@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or pri ncipal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any inform ation the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. Page 40 of 878 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a 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 2011-3748. 2. 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 t he 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 3. 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 Individual Name & Title, 3) Address, 4) Telephone, 5) Contact’s Email and 6) Narrative on Scope of Services Provided. 4. 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? YES NO SUBMITTAL REQUIREMENT: If answer to above is “YES,” Proposer shall submit a statement detailing the reasons that led to action(s). 5. 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 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. 6. Code of Business Ethics. Pursuant to City Resolution No.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/procurement/. Page 41 of 878 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed b elow:  Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflatio n using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor’s Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may als o, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers’ failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City’s Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 8. 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 mo re 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 th e City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic p artners* or to domestic partners of employees? YES NO 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 h ave 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 Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insuranc e 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 do cumentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager’s decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. Page 42 of 878 9. 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 transact 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. 10. Non-Discrimination. Pursuant to City Ordinance No.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, 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. 11. 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. 12. Fair Chance Requirement. Beginning on December 1, 2016, the city shall not enter into a contract, resulting from a competitive solicitation issued pursuant to this article, with a business unless the business certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the city's Fair Chance Ordinance, set forth in ar ticle V of chapter 62 of this Code. 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. 13. 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. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. Page 43 of 878 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipi ent's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, 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. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties su bmitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications 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 Proposals. It 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. Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, 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 reas on, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, 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 Statement of Qualifications, 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 Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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 Disclaime r 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. Page 44 of 878 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent 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 Proposals 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 Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer ’s Authorized Representative: Title of Proposer ’s Authorized Representative: Signature of Proposer ’s Authorized Representative: Date: State of FLORIDA ) On this ____day of __________, 20__, personally ) appeared before me _______________ who County of _______________) stated that (s)he is the _______________ of _______________, 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: ____________________. Page 45 of 878 APPENDIX B ________________________________________________________________________ “No Bid” Form ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached “Statement of No Bid.” The “Sta tement of No Bid” provides the City with information on how to improve the solicitation process. Failure to submit a “Statement of No Bid” may result in not being notified of future solicitations by the City. Page 46 of 878 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient 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 PROCUREMENT DEPARTMENT ATTN: Kristy Bada STATEMENTS OF QUALIFICATIONS #2017-003-KB 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 47 of 878 APPENDIX C ________________________________________________________________________ Minimum Requirements & Specifications ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 48 of 878 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed 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. Bidder (defined as the Firm) shall provide a minimum of five (5) references providing professional construction engineering and inspection (CEI) services to other governmental organizations or public entities in the last ten (10) years. Submittal Requirement: For each qualifying project, submit project name, project description, commencement and completion dates, project contact information (phone and email) and prime proposer’s role in project. C2. Statement of Work Required. The Consultant’s Basic Services that may be provided under the Agreement entered into pursuant to this RFQ shall (at a minimum) consist of, but not be limited to, the following: 1. Administer the Construction Contract and monitor and inspect the work performed by the Contractor such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions of the Construction Contract. 2. Resident Engineering Services - Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Services shall include maintaining the required level of surveillance of Contractor activities, int erpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: a) General Coordination: The Consultant shall communicate daily or periodically with the City, the Design Consultant and Contractor, as needed. They shall report on concerns as it relates to the construction effort and activities. In addition, the Con sultant shall also coordinate with the Public Information Officer (PIO) where notifications such as utility outages, road closures, etc. may be required. The Consultant shall monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. b) Estimating Services: Provide accurate cost estimates and schedules to avoid cost overruns and schedule slips. Prepare cost estimates and schedules by helping manage resources and supporting assessment and decision making. Services may encompass a wide range of cost - related aspects of engineering and program management, but in particular cost estimating, cost analysis/cost assessment, design-to-cost, schedule analysis/planning and risk assessment. c) Value Engineering Meetings: The Consultant shall be expected to attend, participate, and provide cost estimating information at Value Engineering meetings between the City, the Design Consultant, and the Contractor for the Project. d) Resident's Information Meetings: The Consultant shall be expected to attend, address Page 49 of 878 residents’ concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. e) Pre-Construction Meetings: The Consultant shall be expected to attend, participate, produce meeting minutes and take a lead role in Pre-Construction Meeting with the City, Design Consultant and Contractor for the Project. The Pre-construction Meeting shall be scheduled once the City issues the first Notice-to-Proceed to the Contractor. f) Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City, PIO, Design Consultant and Contractor on the Project. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide commen ts or objections to written statements within the specified timeframe. The Consultant shall prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. g) Field Observations: The Consultant shall conduct field observations on a daily basis throughout the duration of construction. Field observations may be provided jointly by the City and the Consultant. If and when necessary, the City shall provide part -time construction inspectors for the duration of the Project. The role of the City’s construction inspectors shall be limited. The Consultant shall be present at the construction site daily during the construction phase of the Project and shall be expected to be available, as needed, throughout the Contractor’s work day. h) Stormwater Permit - Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, inspector the inspector (at least one) should have successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors”. The Consultant’s inspector shall be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NP DES General Permits for Storm Water Discharges from Construction Sites" and the City’s guidelines. i) Specialty Design Consultant Site Visits: The Consultant shall monitor the number of specialty site visits requested by the Contractor or City and conducted by the Design Consultant. When it becomes evident that a specialty site visit from the design Engineer of Record (EOR) shall be required, the Consultant shall notify the EOR to discuss and schedule a mutually acceptable time for meeting at the constructio n site. j) Daily Reports: The Consultant shall prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant Page 50 of 878 construction related matters. Daily reports shall be uploaded by t he Consultant to e-Builder™, the City’s document management system. At the end of each day or the beginning of the following day, the Consultant shall forward the original daily reports to the City for review. The Consultant shall maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job -site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports shall contain the following information:  Weather and general site conditions  Contractor’s work force counts by category and hours worked  Description of Work performed including location  Equipment utilized  Names of visitors to the jobsite and reason for the visit  Tests made and results  Construction difficulties encountered and remedial measures taken  Significant delays encountered and apparent reasons why  Description of (potential) disputes between the Contractor and City  Description of (potential) disputes between the Contractor and residents  Summary of additional directions that may have been given to the Contractor  Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor  Summary of any substantive discussions held with the Contractor and/or City  Summary of nonconforming work referenced to corresponding Non-Compliance Notice  A log of photographs taken k) Photographic Record: Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on -going construction documentation, and ending with post -construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in e-Builder™, the City’s document management system, labeled by date, time and location. The Consultant shall upload all photos to the e-Builder™ document management system on a weekly basis. l) Adherence to Construction Documents: The Consultant shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to the Consultant’s attention. Consultant shall determine the acceptability of the work and materials and, in concert with the Design Consultant (as necessary), make recommendations to the City to reject items not meeting the requirements of the Construction Documents. m) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the Consultant shall check the material’s certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a Page 51 of 878 submittal has not been approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. In conjunction with the Design Consultant (as necessary), the Consultant shall direct and supervise the sampling and testing of materials to be performed by the City’s independent testing laboratory. The Consultant shall mai ntain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to e-Builder™, the City’s document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. n) Shop Drawing Submittals: The Consultant shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. Consultant shall verify that Contractor is maintaining a submittal log, conducting timely submittals, and uploading approved shop drawings to e-Builder™, the City’s document management system. o) Issuance of Non-compliance Notices: The Consultant shall be responsible for notifying the City when they become aware of a condition that is believed to be in non -compliance with Construction Documents. Anytime the Consultant notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, the Consultant will need to determine whether the condition poses an immediate threat to public health or safety. 1) If a condition does not pose a threat to public health or safety, immediate verbal notification or “Pre-Noncompliance Notice“ of the potential non-compliance should be made to the Contractor and the City. This verbal notice shall be documented in the Consultant’s daily report, as well as an e-mail to the contractor with a copy to the City’s Project Coordinator advising the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, the Consultant shall notify the City and the City’s Projects Coordinator and shall issue a written Non-compliance Notice. 2) If a condition poses an immediate threat to public health or safety, the Consultant shall notify the Contractor and City immediately and the City’s Pro jects Coordinator shall issue a Non- compliance Notice to the Contractor. Non -compliance Notices shall include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. p) Damage to Existing Facilities: The Consultant shall identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). The Consultant shall include record of such occurrences in the daily reports. q) Change Orders: Consultant shall perform an independent review of any Change Order s submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the Consultant shall note if the requested cost and schedule impacts are fair and reaso nable. The Consultant shall be responsible for maintaining a Change Order log and uploading approved Change Orders to e-Builder™, the City’s document management system. The Consultant shall also participate in change request review meetings with City and Contractor to resolve and/or Page 52 of 878 negotiate the equitable resolution of request. r) Requests for Information/Construction Document Clarification (RFls/CDCs): When RFIs and CDCs involve design issue interpretations, the Consultant shall coordinate with the Design Consultant, as needed, to resolve the Contractor's Requests for Information, Construction Document Clarifications, Field Orders, and other related correspondence. The Consultant shall be also be responsible for verifying that the Design Consultant is provi ding a written response to RFIs and CDCs in a timely manner and for processing, logging, and distributing all RFIs/CDCs. Consultant shall upload all RFI and CDC responses to e -Builder™, the City’s document management system. s) Schedule: Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays shall be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in the contract documents. t) Pay Requisitions: Consultant shall verify Contractor’s pay requisition quantities and sign -off on all pay requisition quantities in the field. Consulta nt shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. u) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests an d systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start-up. v) Record Drawings: Consultant shall monitor that record drawing mark-ups are properly maintained by the Contractor. The Consultant shall review the record drawing mark -ups as deemed necessary by the City. Contractor’s failure to maintain the record drawings in up-to- date condition may be deemed grounds for withholding Contractor’s monthly payment requisitions until such time as the record drawings are brought up -to-date. The Consultant shall notify the City if it considers the mark-up documents insufficient. The City shall make final determination of payment withholding. w) Safety: Consultants shall be expected to recognize a hazard that any reasonable non -safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: Page 53 of 878  Immediately direct personnel to remove themselves from the apparent danger.  Notify the Contractor’s superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly.  Notify the Contractor of the situation that arises concern, both in writing and verbally.  Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency / condition.  Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names.  Take photographs, of the concern.  If the Contractor does not make corrections, the Consultant should notify the City.  The Consultant shall review the situation with the City for further direction.  The condition, as well as all conversations and correspondence, shall be recorded in the Consultant’s Daily Report.  In the case of a construction-related accident, Consultant shall notify the City of the accident. Consultant shall direct the Contractor to prepare an accident report with a copy forwarded to the City. x) Quality Control: The Consultant shall review and monitor the Contractor’s adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program shall describe the Contractor’s quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction shall be the responsibility of the Contracto r; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards shall be enforced on the City’s behalf by the Consultant. y) Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant shall log all forced work efforts related to disputed change order on a Forced Work Dail y Log Reports which shall be signed and dated by the Consultant and the Contractor’s representative at the completion of each workday. The Consultant shall forward copies of this form to the City for record purposes. z) Maintenance of Traffic (MOT): The Contractor shall provide the Consultant, City and Design Consultant with approved copies of its MOT at the Pre -Construction Meeting for general information purposes. It shall be the Consultant’s responsibility to verify compliance with the MOT in the field. aa) Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and fo rwarded by the Consultant to the City, a minimum of three working days prior to when required. bb) Substantial Completion: When the Contractor considers that the Work has reached Substantial Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the substantial completion point in accordance the Construction Documents. Page 54 of 878 If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a substantial completion “walk-through” inspection of the Work. Consultant shall attend and participate in the substantial completion “walk -through”, perform a substantial completion inspection with the Contractor, Design Consultant and the City, and prepare a master punch list that describes items remaining to be completed. This master punch list shall be attached to the certificate of substantial completion. cc) Final Completion and Project Closeout: When the Contractor considers that the Work has reached Final Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the Final Completion point in accordance the Construction Documents. If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a Final Completion “walk-through” inspection of the Work. Consultant shall attend and participate in the Final Completion “walk -through” and perform a Final Completion inspection with the Contractor, Design Consultant and the City. If the work is determin ed to be incomplete, Consultant and other attendees shall each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the Contractor by the Consultant for the Project. Consultant shall complete all necessary close-out and construction completion forms and documentation in coordination with the City for the Project. The Consultant shall work with the Design Consultant and the Contractor, as necessary to ascertain materials required for the closeout binder, as required by the City, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the City. Once all parties determine the work is complete and the Contractor has delivered all close-out documentation to the City, the Consultant shall prepare a Final Certificate for Payment. The Consultant shall be responsible for providing final certifications based on the entire scope of work for the Project. dd) Consultant and Design Consultant Relationship: These services outlined herein are intended to provide support to both the City and the Design Consultant during the construction phase of the Project. The Consultant shall perform the services outlined in this Agr eement under the supervision and contractual directives of the Project Coordinator, and shall refer all matters pertaining to this Agreement to the City. In matters relating to the design concept and constructability thereof, the Consultant shall conduct this scope of services under the technical directives issued by the Design Consultant such that the Design Consultant’s EOR can provide final certification of the design components at Project Closeout. 3. Provide qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. The personnel shall be qualified by experience and education. Submit in writing to the City for review and approval, the names of personnel proposed for assignment to the project, including a detailed resume for each. The City reserves the right to have Consultant’s personnel removed and substituted from the project, if the employee’s conduct or performance is detrimental to the project. The City reserves the right to request periodic rotation of field personnel. 4. The Consultant shall furnish the City with a Quality Assurance Plan within 15 calendar days after the award of this agreement. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant’s organization for providing services pursuant to this Agreement. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. Page 55 of 878 The Plan shall include, but not be limited to:  Consultant’s QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization.  Methods used to monitor and achieve organization compliance with Agreement requirements for services and products.  Outline the types of records which shall be generated and maintained during the execution of the QA program.  Methods used to control subconsultant and vendor quality.  An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with specifications, plans, City standards, and City’s procedures.  Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. 5. Provides assistance in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. 6. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. 7. Provide services determined necessary for the successful completion and cl osure of the Construction Contract. 8. Provide Post construction claims review – The Consultant shall analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. 9. The Consultant may be asked to provide all or some construction engineering and inspection services including inspectors, construction managers and/or construction administration staff for City Right-of-Way construction projects. Page 56 of 878 APPENDIX D ________________________________________________________________________ Special Conditions ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 57 of 878 1. TERM OF CONTRACT. Three (3) years. 2. OPTIONS TO RENEW. Two (2) additional one (1) year options 3. PRICES. Not Applicable. 4. EXAMINATION OF FACILITIES. Not Applicable. 5. INDEMNIFICATION. Not Applicable. 6. PERFORMANCE BOND. Not Applicable. 7. REQUIRED CERTIFICATIONS. Not Applicable. 8. SHIPPING TERMS. Not Applicable. 9. DELIVERY REQUIREMENTS. Not Applicable. 10. WARRANTY REQUIREMENTS. Not Applicable. 11. BACKGROUND CHECKS. Not Applicable. 12. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Contract, contains all the terms and conditions applicable to any service being provided to the City resulting from award of contract. By virtue of submitting a proposal, consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement or purchase order. Page 58 of 878 APPENDIX E ________________________________________________________________________ Insurance Requirements ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 59 of 878 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor 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 Indemnity (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 Insurance as indicated: ___ Builders Risk completed value $________.00 ___ Liquor Liability $________.00 ___ Fire Legal Liability $________.00 ___ Protection and Indemnity $________.00 ___ Employee Dishonesty Bond $________.00 ___ Other $________.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. 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. Page 60 of 878 APPENDIX F ________________________________________________________________________ Contract ________________________________________________________________________ RFQ No. 2017-028-KB PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Page 61 of 878 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND _______________________________________ FOR PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017-028-KB DISCIPLINE: _______________________ RESOLUTION NO. 2017-_________ Page 62 of 878 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS ....................................................................................................... 41 ARTICLE 2. BASIC SERVICES ................................................................................................ 46 ARTICLE 3. THE CITY’S RESPONSIBILITIES ......................................................................... 50 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST ................................................ 52 ARTICLE 5. ADDITIONAL SERVICES ..................................................................................... 52 ARTICLE 6. REIMBURSABLE EXPENSES .............................................................................. 53 ARTICLE 7. COMPENSATION FOR SERVICES ...................................................................... 54 ARTICLE 8. CONSULTANT’S ACCOUNTING AND OTHER RECORDS.................................. 55 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS ......................................................... 55 ARTICLE 10. TERMINATION OF AGREEMENT ...................................................................... 55 ARTICLE 11. INSURANCE ...................................................................................................... 57 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS ..................................................... 57 ARTICLE 13. ERRORS AND OMISSIONS .............................................................................. 58 ARTICLE 14. LIMITATION OF LIABILITY ................................................................................ 58 ARTICLE 15. NOTICE ............................................................................................................. 58 ARTICLE 16. MISCELLANEOUS PROVISIONS ....................................................................... 59 SCHEDULES: SCHEDULE A ........................................................................................................................... 63 SCHEDULE B ........................................................................................................................... 65 SCHEDULE C ........................................................................................................................... 67 ATTACHMENTS: ATTACHMENT A ...................................................................................................................... 68 ATTACHMENT B ...................................................................................................................... 69 ATTACHMENT C ...................................................................................................................... 70 Page 63 of 878 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ___________________________________ FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN “AS-NEEDED-BASIS” This Agreement made and entered into this day of , 20 , (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and , a corporation having its principal office at (hereinafter referred to as Consultant). W I T N E S S E T H: WHEREAS, on September 17, 2014, the Mayor and City Commission approved the issuance of Request for Qualifications No. 2014-346-YG for Professional Architectural and Engineering Services in Specialized Categories On An “As-Needed-Basis” (the RFQ); and WHEREAS, the RFQ was intended to provide access to architectural and engineering firms in accordance with the Florida Consultant’s Competitive Negotiation Act; and WHEREAS, on , the City Commission approved Resolution No. , respectively, authorizing the City to enter into negotiations with and, if successful, execute an agreement with the Consultant pursuant to the RFQ; and WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein: ADDITIONAL SERVICES: “Additional Services” shall mean those services, in addition to the Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the Consultant shall perform, at the City’s option, and which must be duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. Page 64 of 878 APPLICABLE LAWS: “Applicable Laws” means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. BASE BID: “Base Bid” shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. “Base Bid” shall not include additive alternates or deductive alternates. BASIC SERVICES: “Basic Services” shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Consultant Service Order. Any Services not specifically enumerated as Additional Services (as defined herein) shall also be considered Basic Services. CITY (OR OWNER): The “City” shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. In all respects hereunder, City’s obligations and performance is pursuant to City’s position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction, the exercise of such regulatory authority and the enforcement of any Applicable Laws shall be deemed to have occurred pursuant to City’s regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Agreement. CITY COMMISSION: “City Commission” shall mean the governing and legislative body of the City. CITY MANAGER: The “City Manager” shall mean the chief administrative officer of the City. The City Manager shall also be construed to include any duly authorized representatives designated by the City Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). CONSTRUCTION COST BUDGET: The “Construction Cost Budget” shall mean the amount budgeted and established by the City to provide for the cost of construction of the Work for the Project (“Construction Cost”), as set forth in the Consultant Service Order. CONSTRUCTION DOCUMENTS: “Construction Documents” shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the Consultant pursuant to this Agreement, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant’s obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. CONSULTANT: The named entity on page 1 of this Agreement, the “Consultant” shall mean the qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the design professional has been engaged by City and who will perform (or cause to be performed through Subconsultants Page 65 of 878 acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or "engineer of record" for the Project. When the term “Consultant” is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction, or control of Consultant to provide any architectural, design, engineering or similar professional services with respect to a Project (“Subconsultants”). The Consultant shall not be replaced by any other entity, except as otherwise permitted in this Agreement. Further, any Subconsultant that may perform services on behalf of the Consultant shall be a qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with the Project. The Subconsultants in Schedule “C”, attached hereto, are hereby approved by the City Manager for the Project. CONSULTANT SERVICE ORDER: Consultant Service Order shall mean the work order issued by the City to Consultant (in substantial form as in Schedule A attached hereto), that specifically describes and delineates the particular Services (Basic Services and/or Additional Services) which will be required of Consultant for the Project that is the subject of such Consultant Service Order, and which may include studies or study activity, and/or professional services as defined in Section 287.055 of the Florida Statutes. CONTRACT AMENDMENT: “Contract Amendment” shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if t hey exceed fifty thousand dollars ($50,000.00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: “Contract Documents” shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work. CONTRACT FOR CONSTRUCTION: “Contract for Construction” shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design-builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: “Contractor” shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. Page 66 of 878 DESIGN CRITERIA PACKAGE or DCP: “Design Criteria Package” means concise, performance- oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design-build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. DESIGN DOCUMENTS: “Design Documents” means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant’s obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. FORCE MAJEURE: “Force Majeure” shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City’s or Consultant’s control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in perf orming any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said Force Majeure. Any time extension shall be subject to mutual agreement an d shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The “Project” shall mean that certain City capital project described in the Consultant Service Order. Project Cost: The “Project Cost”, shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The “Project Scope” shall mean the description of the Project, as described in the Consultant Service Order. Page 67 of 878 PROJECT ADMINISTRATOR: The “Project Administrator” shall mean the individual designated by the City Manager who shall be the City’s authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: “Proposal Documents” shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. Consultant’s proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant’s representations regarding the qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: “Schedules” shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A – Consultant Service Order Schedule B – Consultant Compensation and Hourly Billing Rate Schedule. Schedule C – Approved Subconsultants. SCOPE OF SERVICES: “Scope of Services” shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule “A” hereto. SERVICES: “Services” shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. SOFT COSTS: “Soft Costs” shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant’s Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by the City, that are not considered as direct costs for the construction of the Project. STATEMENT OF PROBABLE CONSTRUCTION COST: The “Statement of Probable Construction Cost” shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant’s estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: “Work” shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. Page 68 of 878 ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, specifically described in the Consultant Service Order. 2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or the Project Administrator. Consultant shall countersign the Consultant Service Order upon receipt and return the signed copy to the City. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule “A” hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by the Contract Documents, will be fully functional, suitable and sufficient for its intended purposes. 2.5 The Consultant’s Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as may be approved), all as further described in the Consultant Service Order; and shall also include any and all of Consultant’s responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant’s obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any design errors or omissions. Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and competency of the Design Documents and Construction Documents, nor shall any City approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in the Design Documents and the Construction Documents. Moreover, neither the City’s inspection, review, approval or acceptance of, nor payment for, any Services required under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City’s rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the Consultant’s misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Page 69 of 878 Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect for three (3) years (“Initial Term”), plus two (2), one (1) year renewal options, to be exercised at the sole discretion of the City Manager (Initial Term and any renewals shall be collectively referred to as the “Term”). Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order, including the time for completion of the work and/or services for such Project (as set forth in the particular Consultant Service Order). 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant’s submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant’s request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator’s approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service Order, in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. 2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and under the Consultant Service Order (including the services performed by Subconsultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of such Services in the State of Florida. The Consultant is responsible for, and shall represent to City that the Services conform to the City’s requirements, the Contract Documents and all Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant’s negligent acts or errors or omissions in the performance of the Services. In Page 70 of 878 addition to all other rights and remedies which the City may have, the Consultant shall, at its expense, re- perform all or any portion of the Services to correct any deficiencies which result from the Consultant’s failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re-performance of any non- conforming construction work resulting from such deficient Services (i) for a peri od from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, (ii) or for the period of design liability required by applicable law, whichever is later. The Project Administrator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24) from final acceptance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others’ professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identif ied by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term “timely” shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City’s files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the “Project Manager”). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant’s Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or the Project Administrator. Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Administrator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or the Project Administrator (which notice shall state the cause therefore), to Page 71 of 878 promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any Subconsultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public information concerning the Services or the Project, without the prior written consent of the City Manager or the Project Administrator, unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require Subconsultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and the Consultant Service Order, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under a Consultant Service Order issued to Consultant by the City for a particular Project. If, during the course of performing work, services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or services should be performed (to complete the Project delineated under such Order) which is, in the Consultant’s reasonable opinion, outside the level of effort originally anticipated in the Consultant Service Order, then Consultant shall promptly notify the Project Administrator, in writing, and shall obtain the Project Administrator’s written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Administrator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in the Consultant Service Order (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Administrator shall not constitute authorization or approval by the City to perform such work. Performance of any such work and/or services by Consultant without the prior written consent of the Project Administrator shall be undertaken at Consultant’s sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONSULTANT’S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY’S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONSULTANT’S OBLIGATIONS, A WAIVER OF CONSULTANT’S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT’S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT’S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY’S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY’S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONSULTANT’S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS, THIS SECTION SHALL GOVERN. Page 72 of 878 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the Subconsultants. The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the Subconsultant’s work. The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence the creation, standing, ownership and professional licensure of the Consultant (and Subconsultants), including organizational documents, operating agreements and professional licensure documentation, and copies of the Consultant’s contracts with the Subconsultant with respect to the Project. However, the City's failure to request such documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section, the Agreement and/or any other Consultant Service Order during the Project does not excuse, waive and/or condone in any way any noncompliance of the requirements set forth therein including, without limitation, the professional licensure requirements. Any approval of a Subconsultant by the City shall in no way shift from the Consultant to City the responsibility for the quality and acceptability of the services performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. ARTICLE 3. THE CITY’S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Administrator, who shall be the City’s authorized representative to act on City’s behalf with respect to the City’s responsibilities or matters requiring City’s approval under the Contract Documents. The Project Administrator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. The Project Administrator shall have full authority to require the Consultant to comply with the Contract Documents, provided, however, that any failure of the Project Administrator to identify any noncompliance, or to specifically direct or require compliance, shall in no way constitute a waiver of, or excuse, the Consultant’s obligation to comply with the requirements of the Contract Documents. 3.2 The City shall make available to Consultant, for the convenience of the Consultant only, information that the City has in its possession pertinent to the Project. Consultant hereby agrees and Page 73 of 878 acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of such information. The Consultant understands, and hereby agrees and acknowledge s, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant’s applications for payment, or to ascertain that Consultant has properly remitted payment due to its Subconsultants or vendors). 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. 3.6 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.6.3 The City Commission shall approve or consider all Contract Amendments that exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.7 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City’s primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.7.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any Subconsultants (and any replacements). 3.7.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission Page 74 of 878 on such matters. 3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant’s compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.7.5 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City’s powers, duties, and responsibilities under this Agreement or the Contract Documents. 3.7.6 The City Manager shall be the City Commission’s authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). 3.8 The City’s review, evaluation, or comment as to any documents prepared by or on behalf of the Consultant shall be solely for the purpose of the City’s determining for its own satisfaction the suitability of the Project, or portions thereof, detailed in such documents for the purposes intended therefor by the City, and may not be relied upon in any way by the Consultant or any other third party as a substantive review thereof. ARTICLE 4. INTENTIONALLY OMITTED ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Administrator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum to be negotiated at the time of the request for additional services or an hourly fee (in accordance with the rates in Schedule “B” hereto), with a “Not to Exceed” amount; Reimbursable Expenses (if any) with a “Not to Exceed” amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). “Not to Exceed” shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Administrator. The “Not to Exceed” amount is not a guaranteed maximum cost for the additional work requested (or, in the ca se of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. Page 75 of 878 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been foreseen at the time of the Consultant Service Order (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City-requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consul tant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re-negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre-Design Surveys & Testing: Environmental investigations and site evaluations, provided, however, that surveys of the existing structure required to complete as-built documentation are not additional services. 5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys. Except as specified herein, services that are required for completion of the Construction Documents shall be part of Consultant’s Basic Services. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along with any supporting receipts and other back-up material requested by the Project Administrator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are “true and correct and in accordance with the Agreement.” Reimbursable Expenses may include, but not be limited to, the following: Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its Subconsultants, and courier, postage and handling costs between the Consultant and its Subconsultants). Page 76 of 878 Costs for reproduction and preparation of graphics for community workshops. Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant’s "Lump Sum” or “Not to Exceed” fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between the City and Consultant, and shall be set forth in the Consultant Service Order. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant’s Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee to completion. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule “B,” attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub- contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the “Not to Exceed” Reimbursable allowance amount in the Consultant Service Order hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant’s payment request. No mark- up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: The initial hourly rates shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City may consider an adjustment to the preceding year’s unit costs for the subsequent year. Only request for increases based on a corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982- 84=100), as established by the United States Bureau of Labor Statistics (“CPI”), or material adjustments to the scope or requirements of the RFQ by the City, including (bu t not limited to) living wage increases, will be considered. In the event that the City determines that the requested increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms. 7.6 No retainage shall be made from the Consultant’s compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event Subconsultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Administrator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by Page 77 of 878 category). ARTICLE 8. CONSULTANT’S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant’s office (at the address designated in Article 15 [“Notices”]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant’s completion of the Serv ices. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City’s disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Administrator in their native electronic form, as required in the Consultant Service Order within thirty (30) days of completion of the Services (or within thirty (30) days of expiratio n or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City’s option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its Page 78 of 878 performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. “Additional Cost” is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City’s initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Administrator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City’s right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City’s written notice), and for Consultant’s costs in assembly and delivery to the Project Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant’s initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. Page 79 of 878 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City’s written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (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. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. (d) Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 11.2 The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests’ Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company’s Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongf ul conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant 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. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. Page 80 of 878 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant’s actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its Subconsultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant, including, without limitation, the direct, indirect and/or consequential damages resulting from the Consultant’s errors and/or omissions or any combination thereof. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the applicable Assistant City Manager. The Project Administrator’s decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party’s right to proceed in a court of c ompetent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its 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 “not to exceed” amount of the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant’s recovery from the City for any damages for action for breach of contract to be limited to Consultant’s “not to exceed” fee under this Agreement, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an all eged breach by the City of this Agreement, in an amount in excess of the “not to exceed amount” of Consultant’s fees under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City’s liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: Page 81 of 878 City Manager’s Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales, City Manager With a copy to: City Manager’s Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Eric T. Carpenter, Assistant City Manager All written notices given to the Consultant from the City shall be addressed to: __________________ __________________ __________________ __________________ Attn: ____________ All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND 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. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant Page 82 of 878 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure t his Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover ) the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable Laws which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled “Inspection, Examination, and Duplication of Records; Exemptions,” all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and Subconsultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its Subconsultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its Subconsultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. Page 83 of 878 16.7 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission’s sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by Subconsultants, subject to the prior written approval of the City Manager. 16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, Subconsultants, and other purchased services, etc., as necessary to complete said Services. 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 This Agreement is for the benef it of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.10.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.11 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. Page 84 of 878 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CLERK MAYOR Attest CONSULTANT: ____________________ Signature/Secretary Signature/President Print Name Print Name Page 85 of 878 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND _______________________ Page 86 of 878 CONSULTANT SERVICE ORDER Service Order No. ___ for Consulting Services. TO: _____________________ _____________________ _____________________ PROJECT NAME: Project Name DATE: ________________ Pursuant to the agreement between the City of Miami Beach and Consultant for PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN “AS NEEDED” BASIS (RFQ 2017-028-KB) you are directed to provide the following services: SCOPE OF SERVICES: Per attached proposal dated _______________, to be considered part of this Agreement. Estimated calendar days to complete this work: ____ ___Days Original Service Order Amount: $ ___________ Total From Previous Additional Service Orders: $ ___________ Fee for this Service Order is Lump Sum/Not to Exceed amount of: $___________ Total Agreement to Date: $___________ City’s Project Coordinator/Manager Date Assistant Director Date Consultant. Date Project Administrator-Director Date Page 87 of 878 SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services * $XXXXXXXX Design Services* $XXXXXXXX Bidding and Award Services $XXXXXXXX Construction Administration ** $XXXXXXXX Reimbursable Allowance*** $XXXXXXXX Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City’s sole discretion, the Consultant agrees to extend said services for $XXXXXX, per month, for the duration required to complete the Project. Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Administrator. Unused portions will not be paid to the Consultant. Page 88 of 878 HOURLY BILLING RATE SCHEDULE Page 89 of 878 SCHEDULE C APPROVED SUBCONSULTANTS Page 90 of 878 ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM Page 91 of 878 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) Page 92 of 878 ATTACHMENT C CONSULTANT’S RESPONSE TO THE RFQ Page 93 of 878 Competitiv e Bid Re ports - C2 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2017-077-JC TO DESI GN, FURNISH, INSTALL, MAINTAIN, REMOVE AND STORE HOLI DAY LI GHTING AND DECORATI ONS. RECOMMENDATION Authorize the issuance of the RFP. ANALY SIS The City of Miami Beach is seeking proposals from qualified f irm(s) for a comprehensive, turn- key approach to annual holiday lighting design, installation, and maintenance, in an effort to enhance the City’s major thoroughf ares during the holiday season. The City expects to retain firm(s) that can meet the challenges of our dynamic, world-class destination, by providing an innovative and aesthetically robust holiday design service, capable of capturing the diverse holiday traditions celebrated within our iconic city. This project includes, but is not limited to, designing, planning, furnishing, delivery, maintenance, removal and storage of lighting, decorations and displays, in support of the City’s annual holiday program. The RFP is attached. Major sections are highlighted below. · M INIM UM QUALIFICAT IONS. Please Ref erence, Appendix C, Page 29, RFP 2017-077-JC f or Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations. · SUBM IT TAL REQUIREM ENT S. Please Ref erence Section 0300, Page 13, RFP 2017-077-JC f or Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations. · CRIT ERIA FOR EVALUAT ION. Please Reference Section 0400, Page: 17, RFP 2017-077-JC f or Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuance of RFP 2017-077-JC to Design, Furnish, I nstall, Maintain, Remove and Store Holiday Lighting and Page 94 of 878 Decorations. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As A World Class Destination FINANCIAL INFORMATION Grant f unding will not be utilized for this project. Legislative Tracking Property Management / Procurement ATTACHMENTS: Description Draft RFP NO. 2017-077-JC Holiday Lighting Page 95 of 878 RFP ISSUANCE DATE: FEBRUARY 9, 2017 PROPOSALS DUE: MARCH 27, 2017 @ 3:00 PM ISSUED BY: Page 96 of 878 2 Request for Proposals (RFP) 2017-077-JC Holiday Lighting TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................ 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ............................................ 13 0400 PROPOSAL EVALUATION ....................................................................................... 17 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........ 20 APPENDIX B “NO PROPOSAL” FORM ............................................................................ 27 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..................................... 29 APPENDIX D SPECIAL CONDITIONS .............................................................................. 34 APPENDIX E COST TENDER FORM ............................................................................... 36 APPENDIX F INSURANCE REQUIREMENTS ................................................................. 39 APPENDIX G AGREEMENT ............................................................................................. 41 Page 97 of 878 3 Request for Proposals (RFP) 2017-077-JC Holiday Lighting SECTION 0200 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 successful Proposer(s) (the “contractor[s]”) if this RFP results in an award. The City utilizes PublicPurchase (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. By means of this RFP, the City of Miami Beach seek s to contract with a qualified firm(s) for a comprehensive, turn- key approach to annual holiday lighting design, decorations, installation and storage, in an effort to enhance the City’s major thoroughfares. The City expects to retain a firm(s) that can meet the challenges of a dynamic, world- class city, by providing reliable and expedient response times to meet project deadlines, staff requests, and outstanding service delivery. This project includes, but is not limited to, designing, furnishing, installation, maintenance, delivery, removal and storage of lighting, decorations and displays, in support of the City’s annual holiday program. Proposals received pursuant to this RFP will be evaluated in a two -phased process (Phase I and Phase II) in accordance with Section 0400. Phase I will consider proposer qualifications. Phase II will consider design and technical proposal, maintenance and operations plan, and cost proposal. 3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows: RFP Issued FEBRUARY 9, 2017 Pre-Proposal Meeting MARCH 1, 2017 AT 11:00 AM Deadline for Receipt of Questions MARCH 13, 2017 AT 5:00 PM Responses Due MARCH 27, 2017 AT 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations June 7, 2017 Contract Negotiations Following Commission Approval Page 98 of 878 4 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000 x6694 jasoncrouch@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188. 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 - 3. All responses to questions/clarifications will be sent to all prospective Proposers in the f orm of an addendum. Balance of Page Intentionally Left Blank Page 99 of 878 5 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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 Avenue, 3RD 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) 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 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 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 become 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 herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov Page 100 of 878 6 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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.gov/procurement/scroll.aspx?id=23510  CONE OF SILENCE…………………………………………………………… CITY CODE SECTION 2-486  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 2-481 THROUGH 2-406  CAMPAIGN CONTRIBUTIONS BY VENDORS…………………………….. CITY CODE SECTION 2-487  CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES………………………………………………………………………….. CITY CODE SECTION 2-488  REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS…………………………………… CITY CODE SECTION 2-373  LIVING WAGE REQUIREMENT……………………………………………… CITY CODE SECTIONS 2-407 THROUGH 2-410  PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES……………………….. CITY CODE SECTION 2-374  FALSE CLAIMS ORDINANCE………………………………………………... CITY CODE SECTION 70-300  ACCEPTANCE OF GIFTS, FAVORS & SERVICES………………………... CITY CODE SECTION 2-449 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 n ot 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 sha ll 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 2-406 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. Page 101 of 878 7 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 14. AMERICANS 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 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 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. Omitted Intentionally 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 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 a mount (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 otherwise 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 Proposer(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 may be citywide or by corridor(s), as deemed by the City Manager to be in the best interest of the City. 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 contract. (2) Whether the Proposer can perform the contract within the time specified, 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. Page 102 of 878 8 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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. It is also unders tood 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/Acceptance/Rejection. 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 respons es 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 exp iration 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 contra ct. Ignorance 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 con tract, 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. It 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 SAFETY. In 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 responsi bility, 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. Page 103 of 878 9 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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. Invoices 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, 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. If 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 contract 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 OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner 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 curr ently 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 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 am ended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City’s Human Rights Ordinance, codified in Chapter 62 of the City Code, Propose r 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 104 of 878 10 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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 Proposer'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 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. In 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 OF WORK TO BE RECEIVED BY CONTRACTOR. It 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 from state or other governmental contract, or on an as -needed basis through the City’s spot market purchase provisions. 39. DISPUTES. In 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. Page 105 of 878 11 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 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 natu re 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 sha ll 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 otherwise 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 the State Constitution until such 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 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 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; (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 VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guide lines). Ignorance 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. Page 106 of 878 12 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 45. MODIFICATION/WITHDRAWALS 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 rec eived 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 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 d iscretion, may accept or reject any or all exceptions and alternatives. In 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 and/or 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, fo r 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 otherwise 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 vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote (s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(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). In some cases, the City may deem it necessary to add additional items through a formal ame ndment to the Contract, 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 o ther reasons at the City’s discretion. Balance of Page Intentionally Left Blank Page 107 of 878 13 Request for Proposals (RFP) 2017-077-JC Holiday Lighting SECTION 0300 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 (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 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. 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 otherwise. 3. PROPOSAL FORMAT. In 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. 4. PHASE I RESPONSE FORMAT (QUALIFICATIONS PROPOSALS). Proposers should take caution to include all the information requested to be included in each Tab of its proposals. Proposals that do not include the requested information or that are not organized in the manner requested, may be deemed non -responsive and may not be considered. TAB 1 Cover Letter & Minimum Qualifications Requirements 1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be signed by same. 2. Organizational Chart. Provide an Organizational Chart indicating the role of the Prime Proposer, each Key Team Member Firm and the Key Project Personnel. At a minimum, the Key Project Personnel identified in Tab 4 must be included in the organizational chart. 3. Minimum Requirements: Submit verifiable information documenting compliance with the Minimum Requirements in Appendix C, Page 29, of the RFP. TAB 2 Qualifications of Prime Proposer 1. Organizational Narrative. Submit an organizational narrative indicating, at a minimum, the following: a. Company Information. Provide background information, including company history/organizational structure, years in business, primary products/services, number of employees, and any other information communicating organizational capabilities and experience. b. Organizational Leadership. Indicate proprietorship, principals and top administrative leadership. Describe to the extent any of these will be involved in the project. 2. Similar Experience and References. Provide a summary of at least three (3) projects, in progress or completed within the last five (5) years, in process or completed within the Projects which documents expertise, competence, capability, and capacity in, and record producing quality work on projects of comparable size and scope to the Project. For each project include: a. Project name and location Page 108 of 878 14 Request for Proposals (RFP) 2017-077-JC Holiday Lighting b. Project description and scope c. Project cost d. Contract method e. Company’s role (prime contractor, sub-contractor, etc.) f. The names of the key project managers highlighting any individuals who will be engaged on this project. 3. Financial Capacity. Prime Proposer shall submit, upon request of the City, a letter stating its Bonding Capacity from an A-rated Financial Class V Surety Company. TAB 3 Qualifications of Key Project Personnel Qualifications of Key Project Personnel: For each key project personnel included in the organizational chart (for both prime proposer and team member firms) provide role in the project, job descriptions, years of experience, area of expertise, resumes, and three (3) prior client references within the la st five (5) years. The information shall include. 1. Key Project Personnel (at a minimum) shall include: a. Primary Project Manager b. Secondary Project Manager c. Lead Designer d. Electrician(s) e. Operations Manager f. Maintenance Manager 2. Certifications and Licenses. Individual member(s) of the team should have the following certifications. Identify the personnel possessing the certifications and provide a copy of certificate(s) and license(s). a. Florida Department of Transportation Maintenance of Traffic (MOT) Course certificate. b. Valid State Electrical License (e.g., Electrical Contractor, Electrical Sign Contractor, Utility Electrical Contractor, Sign Electrician, Maintenance Electrician) 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 and Dun and Bradstreet reports). Balance of Page Intentionally Left Blank Page 109 of 878 15 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 5. PHASE II RESPONSE FORMAT (TECHNICAL PROPOSALS). Proposers should take caution to include all the information requested to be included in each Tab of its proposals. Proposals that do not include the requested information or that are not organized in the manner requested, may be deemed non -responsive and may not be considered. TAB 1 Technical Proposal for Project The Technical Proposal shall document team’s approach and understanding of the project, major design elements, materials and methods. The Technical Proposal shall be developed using n arratives, tables, charts, plots, drawings and conceptual sketches as appropriate. The technical proposal shall be in sufficient detail to allow the City to evaluate its compliance with City of Miami Beach RFP requirements contained herein. At a minimum, include the following: 1. Design. Propose a specific design(s) for each Corridor Area (High Profile Corridors and Key Corridors), as identified in Appendix C, page 34. Additionally, for each area include the following information: a. Design plans (include holiday theme(s) and comprehensive design overview). b. Street level schematics. c. Details of decorations and displays within the respective corridor(s), including dimensions and total quantity count. d. Details of illumination, identifying City power source(s) and structures utilized (e.g., light poles, trees, alternate fixed structures) to achieve the lighting portion of the project task(s). e. Maximum installed height of vertical lighting, displays, and decorations. 2. Detailed Project Scope of Work and Deliverables. a. Enumerate the specific tasks and duties to be performed by the Prime Proposer, and its sub-consultants and sub-contractors. b. Describe the Prime Proposer’s and Proposing Team’s approach to efficiently coordinate the design, management, operation, and maintenance of all project elements in accordance with the Technical Requirements of the RFP. c. Describe plan to integrate sustainable (environmentally preferable p roducts, design and installation into project delivery. d. Describe Prime Proposer’s and Proposing Team’s general approach to integrating the City and identified stakeholders in the various phases of the Project. 3. Outcomes and Performance Standards. a. Specify the schedules, outcome targets, minimal performance standards expect ations, and methods for monitoring performance and process for implementing corrective actions throughout the duration of the project. b. Provide information identifying how the Prime Proposer and Proposing Team will incorporate innovative and aesthetic design and other techniques in the Project through the lifecycle of the Project. c. Describe Prime Proposer’s and Proposing Team’s general approach to traffic management, utility identification and relocation, if required, access during installation and maintenance, pedestrian and parking accommodation, logistics, and community outreach to mitigate disruption. 4. Schedule. Provide a detailed project phasing plan and schedule indicating the timeline for each phase of the Project in terms of months from date of notice to proceed. 5. Quality Control and Risk Mitigation. a. Describe approach to effectively manage all aspects of the Contract in a quality, timely, and effective manner and integrate the different parts of the project organization with the City of Miami Beach in a cohesive and seamless manner. b. Describe potential risks and risk mitigation plan. Page 110 of 878 16 Request for Proposals (RFP) 2017-077-JC Holiday Lighting TAB 2 Operations and Maintenance Plan The purpose of the Operations and Maintenance P lan is to ensure the project is fully functional and performs optimally until from installation through removal phases. Provide detailed responses as to how the optimal project performance will be maintained. Provide at a minimum: a. Monitoring and managing implementation schedules. b. Ongoing training and continuous improvement. c. Staffing plans. d. Preventive maintenance (procedures and schedules). e. Trouble shooting and corrective maintenance (repair requirements). f. Availability of parts and supplies. g. Performance monitoring and metrics, including periodic reports to the City. h. Storage capacity and location of storage facility. TAB 3 Guaranteed Maximum Price (To Be Submitted in a Sealed Envelope) Actual Cost Tender Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. Balance of Page Intentionally Left Blank Page 111 of 878 17 Request for Proposals (RFP) 2017-077-JC Holiday Lighting SECTION 0400 PROPOSAL EVALUATION The Evaluation Process will be conducted in two (2) phases. PHASE I EVALUATION PROCESS 1. Two Step Evaluation. The evaluation of responsive proposals in Phase 1 will proceed in a two- step process. The first step (Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step (Step 2) will consist of quantitative criteria established below to be added to the first step scores by the Procurement Department. 2. Phase I / Step 1 Evaluation (100 Points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If 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. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. In doing so, the Evaluation Committee may:  review and score all proposals received, with or without conducting interview sessions; or  review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Proposers will be evaluated on the following Weighted Criteria: Criteria Description Points Qualifications of Prime Proposer 50 Qualifications of Key Project Personnel 50 Maximum Points 100 3. Phase I / Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Procurement Department to those points earned in Step 1, as follows.  Veterans and State-Certified Service-Disabled Veteran Business Enterprise (5 points)  Prime Proposer Volume of Work (0-5 Points). Points awarded to the proposer for volume of work awarded by the City in the last three (3) years in accordance with the following table: Less than $250,000 5 $250,000.01 – $2,000,000 3 Greater than $2,000,000 0 4. Determination of Phase I & II Ranking. Numeric scores assigned in Phase I, Steps 1 and 2, will be converted to rankings in accordance with the following example: Page 112 of 878 18 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Proposer A Proposer B Proposer C Committee Member 1 Step 1 Points 82 76 80 Step 2 Points 0 5 0 Total 82 81 80 Rank 1 2 3 Committee Member 2 Step 1 Points 90 86 72 Step 2 Points 0 5 0 Total 90 1 72 Rank 2 1 3 Committee Member 2 Step 1 Points 78 74 80 Step 2 Points 0 5 0 Total 78 79 80 Rank 3 2 1 Low Aggregate Score 6 5 7 Phase I Ranking 2 1 3 5. Determination of Short-listed Proposers. If all responsive proposals received are determined by City Manager to be qualified for Phase II, Phase II may proceed without interruption or additional approvals following Phase I. Otherwise, the City Manager may submit a recommendation to the City Commission to short-list one or more proposers at the conclusion of the Phase I evaluation. Following City Manager or City Commission approval of short-listed proposers pursuant to Phase I of the RFP, the short -listed proposers will be allotted approximately 45 days to prepare Phase II submittals for the Project. a. Following Phase I short-listing and prior to receipt of proposals pursuant to Phase II, the City may issue further information and clarifications via Addenda to the short -listed proposers, including (but not limited to) any amendments to the aforementioned reports, cost tender form, form of contract, and other informational items or requirements necessary for the short-listed proposers to submit its Phase II proposals. b. Additionally, the City may conduct a pre-submittal conference with short-listed proposer to facilitate project understanding and consider any project specific questions from the short - listed proposers. Phase II proposals will be evaluated in accordance with the criteria established in Section 0400 for Phase II Evaluation. Page 113 of 878 19 Request for Proposals (RFP) 2017-077-JC Holiday Lighting PHASE II EVALUATION PROCESS The Phase II evaluation process shall be completed by a Technical Review Committee, appointed by the City Manager, who may be different than the Evaluation Committee, who shall meet to evaluate each short-listed response and technical package in accordance with the criteria established below. In doing so, the Evaluation Committee will: a. Interview short-listed proposers, if deemed necessary. b. Receive input from a Technical Review by City Staff, and other City advisors. c. Score proposers utilizing the Evaluation Criteria. Proposers will be evaluated on the following criteria (100 maximum possible points): Criteria Description Points Design and Technical Proposals 35 Operations and Maintenance Plan 35 Guaranteed Maximum Price* 30 Maximum Points 100 * Sealed Cost Proposals will be opened at the conclusion of the review of Design and Technical Proposals by the Evaluation Committee. Each proposed GMP shall be scored as follows: 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. Sample Objective Formula for Cost Vendor Lump Sum Price Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted 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 20 $100 / $100 X 20 = 20 20 Vendor B $150.00 20 $100 / $150 X 20 = 13 13 Vendor C $200.00 20 $100 / $200 X 20 = 10 10 Page 114 of 878 20 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX A ________________________________________________________________________ Proposal Certification, Questionnaire & Requirements Affidavit ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 Page 115 of 878 21 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Solicitation No: RFP 2017-077-JC Solicitation Title: Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations Procurement Contact: JASON CROUCH Tel: 305-673-7000 X6694 Email: jasoncrouch@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS 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 Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION 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 informa tion the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Page 116 of 878 22 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a 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 2011-3748. 2. 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 P roposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in t he 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 3. 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 Individual Name & Title, 3) Address, 4) Telephone, 5) Contact’s Email and 6) Narrative on Scope of Services Provided. 4. 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? YES NO SUBMITTAL REQUIREMENT: If answer to above is “YES,” Proposer shall submit a statement detailing the reasons that led to action(s). 5. 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 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. 6. Code of Business Ethics. Pursuant to City Resolution No.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/procurement/. Page 117 of 878 23 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:  Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflatio n using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor’s Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may als o, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers’ failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City’s Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 8. 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 mo re 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 Unit ed States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Mi ami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO 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? YES NO 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 Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insuranc e 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 Manager’s decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. Page 118 of 878 24 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 9. 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 fo r 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 pu blic 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 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. 10. Non-Discrimination. Pursuant to City Ordinance No.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, 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. 11. 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. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of t he City Code (“Fair Chance Ordinance”), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant’s criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertis ing of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City’s Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediat e termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 13. 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. Fa ilure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. Page 119 of 878 25 Request for Proposals (RFP) 2017-077-JC Holiday Lighting DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") f or 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. In its sole discretion, the City may withdraw the solicitation either before or after receiving propos als, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discr etion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in 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. It 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 w ithout 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 pu rsuant 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. Information 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 app licable 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 reas on, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-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 Proposa l, 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 informati on sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its kno wledge, 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 Disclaime r 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. Page 120 of 878 26 Request for Proposals (RFP) 2017-077-JC Holiday Lighting PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent 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 of Proposer’s Authorized Representative: Title of Proposer’s Authorized Representative: Signature of Proposer’s Authorized Representative: Date: State of FLORIDA ) On this ____day of __________, 20__, personally ) appeared before me _______________ who County of _______________) stated that (s)he is the _______________ of _______________, 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: ____________________. Page 121 of 878 27 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX B ________________________________________________________________________ “No Proposal” Form ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached “Statement of No Proposal.” The “Statement of No Proposal” provides the City with information on how to improve the solicitation process. Failure to submit a “Statement of No Proposal” may result in not being notified of future solicitations by the City. Page 122 of 878 28 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Statement of No Proposal WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient 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 PROCUREMENT DEPARTMENT ATTN: Jason Crouch PROPOSAL #2017-077-JC 1755 Meridian Ave, 3rd Floor MIAMI BEACH, FL 33139 Page 123 of 878 29 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX C ________________________________________________________________________ Minimum Requirements & Specifications ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 Page 124 of 878 30 Request for Proposals (RFP) 2017-077-JC Holiday Lighting C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed 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 (defined as the Firm) shall have minimum of three (3) references for commercial and/or governmental holiday lighting installation and decoration services within the last ten (10) years. Required Submittals: For each reference submitted (minimum of 3), the following information is required: 1) Client Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact’s Email, 6) Narrative on Scope of Services provided, and project budget, 7) Contract years. C2. Statement of Work Required. The City of Miami Beach is seeking a qualified firm(s) for a comprehensive, turn-key approach to seasonal Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations , in an effort to enhance the City’s major thoroughfares, promote tourism, and increase related holiday revenues. The City expects to retain a Firm that can meet the challenges of a dynamic, world-class city capable of providing reliable and expedient response time s to meet project deadlines, staff requests, and outstanding service delivery. In addition, the awarded Firm shall be able to provide technical assistance and maintain industry best practices throughout the project. This project includes, but is not limited to, the planning, development, design, fabrication, furnish, delivery and installation of lighting, decorations, displays, and project management, as well as post-project removal and storage, in support of the City’s annual holiday program. Proposals received pursuant to this RFP will be evaluated in a two -phased process. C3. Specifications General. The successful Firm shall work closely with City of Miami Beach staff to meet the requirements and project deadlines of this RFP. Successful Firm shall ensure smooth and efficient project planning, staffing, communication updates, design and installation scheduling, through project completion, as required by the scope of services herein contained. Proposers shall include in their offer all required proje ct labor, machinery, rentals, tools, travel, transportation, delivery, materials, equipment, supplies, permits, and related incidentals necessary to meet, in its entirety, the RFP requirements specified herein. Firm shall be responsible for ensuring it is in possession of all required City permits prior to commencement of work, and maintaining permits throughout the contract award, as required. All costs associated with obtaining required permits shall be the responsibility of Page 125 of 878 31 Request for Proposals (RFP) 2017-077-JC Holiday Lighting the awarded Proposer(s). Design and Furnish. 1. The City is seeking a holiday lighting and decorations, design proposal that will accentuate the City’s image as a vibrant, culturally diverse, historic community, and world-class tourist destination. 2. Proposer(s) may choose to submit custom designed and fabricated lighting, decorations, and holiday displays as part of their proposal. 3. Custom-designed materials, displays, and decorations are not required in order to submit a proposal. 4. The City encourages elaborate design(s) for primary entrances to the City, as identified 5. The City encourages Proposer creativity in an effort to capture and achieve the above themes present in our iconic city. The City recognizes this may be accomplished through various means of design expression. 6. The City shall evaluate any and all design(s) submitted, ultimately determining the design(s) that represents the best interests of the City, in accordance with the requirements of this RFP. Preparations, Installation and Maintenance. 1. Preparations for same-season holiday design implementation, electrical testing, preliminary walk-throughs, measurements, and related logistics shall begin no later than July 31 of each contract year. 2. A detailed project implementation plan shall be provided to City staff by August 15 of each contract year. 3. Weekly status reports will be required after September 15 and continuing until final installation is approved by the City’s project manager. 4. Successful Proposer shall provide to the City a final diagram and schematics depictin g all project corridors and locations by September 15 each year. 5. Proposal shall include an electrical service plan to reflect anticipated total power usage for all lights, displays, and related equipment to support the project as specified herein. 6. Installations shall begin no later than October 1, and conclude no later than two (2) days prior to Thanksgiving Day of each contract year. 7. All designated areas must be fully functional by the Wednesday before Thanksgiving Day. 8. It will be the contractor’s responsibility to remove and properly dispose of any leaves, branches, wiring or other debris which might occur during the installation or maintenance of lighting, displays, or decorations. 9. Lighting, displays, decorations and related materials shall remain fully operational and in excellent aesthetic condition throughout the holiday season. 10. Contractor shall be on site and responsible for the coordination and execution of project installation and related services, including the City’s Annual Christmas Tree and Holiday Lighting event, if scheduled by the City. 11. The City will provide power, where approved, to power sources and outlets in order to accomplish the requirements of the RFP. Page 126 of 878 32 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 12. The contractor shall inspect and verify that all lighting and components is operational with daily checks and reports on all corridors. 13. Power outages shall be reported to Property Management upon discovery. 14. All components and holiday decorations shall be inspected in the same manner as the lighting, and re-installed or replaced as required. 15. Non-functional lighting and/or displays shall be replaced within twenty -four (24) hours of discovery, or upon notification by City staff. 16. During the holiday season, daily evening inspections and maintenance is required to ensure proper functionality. 17. At no time, unless granted by written approval of the City’s project manager or designee, may City trash receptacles be used for disposal of such items. 18. A summary of the previous evening's inspection shall be provided to the Property Management Director, or designee, in writing the following day, prior to 10:00 A.M. The inspection summary shall highlight any deficiencies identified the previous evening and specify any assistance required by the City to restore the areas to operational status. 19. Contractor shall have crew(s) trained and experienced in holiday lighting systems , available for daily maintenance and related services. 20. Employees must wear an identifiable, contrator-supplied uniform while performing related project services on City property. 21. The Contractor shall have availability 24-hours per day/7-days per week. 22. Contractor shall respond within two (2) hours, for non-emergency response, by being on-site of the designated area(s), upon notification by representative of the City of Miami Beach, or designated representative to have all project locations in operating order. 23. Contractor shall ensure that all holiday lighting, decorations and displays are functioning by 5:00 p.m. each day during the holiday season. 24. Contractor shall possess and maintain active Maintenance of Traffic (MOT) certification. Removal and Storage. 1. Removal shall commence on January 4th, immediately following the preceding holiday season, and must be completed by January 15th of each contract year. 2. Coordination of removal shall be coordinated between the Contractor and the City’s Representative. 3. Contractor is responsible for storage of all related holiday lighting equipment, materials, tools, and related items. The City will not provide storage of these items, unless granted in writing by the City’s project manager or designee, including any temporary storage for staging and installation purposes. 4. It will be the contractor’s responsibility to remove and properly dispose of any leaves, branches, wiring or other debris which might occur during the removal of lighting, displays, or decorations. Page 127 of 878 33 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Project Timeline. Proposed Corridors. The below locations represent current, high profile, and/or proposed locations for holiday lighting and displays. The City is open to possibly expanding this list for the purposes of proposal creativity. However, for the purposes of this RFP, the proposed locations below should serve as a baseline for proposal de sign, and should all be included as such in each proposal submitted. The City may add or remove locations dependent on budgetary funding. Special attention must be given to the holiday design of High Profile Corridors (Items 1-6) in an effort to accentuate the City’s major entrance points. I. High Profile Corridors: 1. 41st Street Julia Tuttle entrance sign 2. 41st Street from Alton Rd to Indian Creek 3. Lincoln Rd 4. Police Station 5. Historic City Hall 6. City Hall Campus (1700 Convention Center Drive) II. Key Corridors: 7. Alton Rd from 5th Street to 41st Street 8. Sunset Harbor Garage 9. Anchor Garage 10. Espanola Way from Washington Ave to Pennsylvania Ave 11. Washington Ave from 5th Street to Dade Blvd 12. Ocean Drive from 5th Street to 16th Street (includes Lummus Park) 13. 59th Street median 14. Collins Ave between 65th Street and 76th Street 15. 5th Street Lenox to Center Median (Lenox-Washington) 16. 71st Street (Bay Drive E to Bay Drive W) 17. 71st Street Normandy fountain and entrance sign 18. Normandy Drive (Bay Drive E to Bay Drive W) 19. Collins Park 20. 87th Street 21. 5th Street South Washington Ave 22. 5th Street South Alton Rd Phase 1: Preparation & Testing Begins July 31 Project Plan Due August 15 Weekly Status Reports Begin September 15 Final Diagrams Due September 15 Phase 2: Installation Begins October 1 Installation Completion November 21 Phase 3: Removal Phase January 4-15 Page 128 of 878 34 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX D ________________________________________________________________________ Special Conditions ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 Page 129 of 878 35 Request for Proposals (RFP) 2017-077-JC Holiday Lighting 1. TERM OF CONTRACT. The contract will have an initial term of three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to ex tend 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. In 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. Balance of Page Intentionally Left Blank Page 130 of 878 36 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX E ________________________________________________________________________ Cost Tender Form Actual Cost Tender Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 Page 131 of 878 37 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Section 1 – Certification The undersigned, as Proposer, hereby declares that the only persons interested in this proposal as principal are named herein and that no person other than herein mentioned has any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, firm, or parties making a proposal; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Proposer further declares that it has examined the site of the Work and informed itself fully of a ll conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the proposals, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the proposal; and that this proposal is submitted voluntarily and willingly. The Proposer agrees, if this proposal is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: REQUEST FOR PROPOSALS (RFP) No. 2017-077-JC DESIGN, FURNISH, INSTALL, MAINTAIN, REMOVE, AND STORE HOLIDAY LIGHTING AND DECORATIONS The Proposer also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total proposal price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish the required Certificate(s) of I nsurance. In the event of arithmetical errors between the division totals and the total base proposal in the RFP Price Form, the Proposer agrees that the total base proposal shall govern. In the event of a discrepancy between the numerical total base proposal and the written total base proposal, the written total base proposal shall govern. In absence of totals submitted for any division cost, the City shall interpret as no proposal for the division, which may disqualify the Proposer. Name of Proposer’s Authorized Representative: Title of Proposer’s Authorized Representative: Signature of Proposer’s Authorized Representative: Date: State of FLORIDA ) On this ____day of __________, 20__, personally ) appeared before me _______________ who County of _______________ ) stated that (s)he is the _______________ of _______________, 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: ____________________. Page 132 of 878 38 Request for Proposals (RFP) 2017-077-JC Holiday Lighting Section 2 – GUARANTEED MAXIMUM PRICE (GMP) - SAMPLE Actual Cost Tender Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. WRITTEN TOTAL:___________________________________________________________ PROPOSER (Print):__________________________________________________________ ADDRESS: ________________________________________________________________ CITY/STATE: _____________________________________ ZIP: _____________________ FEDERAL I.D. #: __________________________________________________ NAME/TITLE OF REPRESENTATIVE (Print): ___________________________ SIGNED: ________________________________________________________ (I certify that I am authorized to execute this proposal and commit the proposing firm) Page 133 of 878 39 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX F ________________________________________________________________________ Insurance Requirements ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 Page 134 of 878 40 Request for Proposals (RFP) 2017-077-JC Holiday Lighting INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor 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 Indemnity (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 Insurance as indicated: ___ Builders Risk completed value $________.00 ___ Liquor Liability $________.00 ___ Fire Legal Liability $________.00 ___ Protection and Indemnity $________.00 ___ Employee Dishonesty Bond $________.00 ___ Other $________.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. 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. Page 135 of 878 41 Request for Proposals (RFP) 2017-077-JC Holiday Lighting APPENDIX G ________________________________________________________________________ Agreement Actual Agreement shall be provided at Phase II meeting. ________________________________________________________________________ RFP 2017-077-JC Design, Furnish, Install, Maintain, Remove, and Store Holiday Lighting and Decorations PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 Page 136 of 878 Competitiv e Bid Re ports - C2 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATI ON TO BI D (ITB) No. 2017-039-JC FOR PLUMBI NG SERVI CES. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the City Manager ’s recommendation pertaining to the bids received pursuant to IT B 2017-039-JC for Plumbing Services, and further authorize the Mayor and City Clerk to execute the contract. ANALY SIS The purpose of this bid is to establish an agreement, by means of sealed bids, to a qualified plumbing contractor(s) in order to provide the City with various routine plumbing services on a time- and-materials basis, including parts, labor, materials, equipment and supervision; on an “as- needed” basis for emergency and non-emergency repairs; or, participate in a pool of prequalified plumbing contractors for non-emergency or planned repairs and projects. ITB No. 2017-039-JC, was issued on November 17, 2016, with a bid opening date of December 27, 2016. The Procurement Department issued bid notices to one hundred seventy- three (173) companies utilizing www.publ icpurchase.com website, and thirty-three (33) companies via email notification. Twenty-three (23) prospective bidders accessed the advertised solicitation. There were no addenda issued pursuant to the ITB. The notices resulted in the receipt of two (2) bids f rom: Pipeline Plumbing Services of Broward, Inc., and Haber & Son’s, Inc. Both bids were deemed to be responsive to the requirements of the ITB. The bid tabulation sheet is attached (Attachment A). The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the I TB will be recommended f or award. In its due diligence, the Procurement Department verified that the lowest bidder, Pipeline Plumbing Services of Broward, Inc., has met the requirements of the I TB, and the second lowest bidder, Haber and Son’s, I nc., has also met the terms, conditions and specifications of the I TB, including: Accordingly, f or Group 1: Time and Materials Basis, Pipeline Plumbing Services of Broward, Inc., has been deemed the primary lowest responsive bidder, and Haber and Son’s Inc., has been deemed the secondary lowest responsive bidder, meeting all terms, conditions, and specifications of the ITB. No award is recommended for Group 2: Pool of Prequalified Page 137 of 878 Contractors, since only Pipeline Plumbing Services of Broward, Inc., responded to this group. Pipeline Plumbing Services of Broward, Inc. Pipeline Plumbing Services of Broward, Inc., is the City’s incumbent plumbing contractor, serving the City of Miami Beach for the last three (3) years. Additionally, Pipeline Plumbing Services of Broward, I nc., has current plumbing contracts with other regional agencies including, the City of Fort Lauderdale, the City of Sunrise, and the City of Pompano Beach. Haber and Son’s, Inc. Haber and Son’s, I nc., is a Miami-Dade County plumbing and general contractor, and certified as a Small Business Enterprise Construction Services (SBE/CONS) through Miami-Dade County Small Business Development (SBD). Haber and Son’s, I nc., has professional plumbing experience servicing the City of Miami Beach, Miami-Dade County and various commercial clients over the past eighteen (18) years. CONCLUSION Af ter considering the bids received and the evaluation of bids by staff, the Administration is recommending award to a primary and secondary bidder as f ollows: for Group 1: Pipeline Plumbing Services of Broward, Inc., as the primary lowest responsive bidder, and Haber and Son’s, Inc., as the secondary lowest responsive bidder, and f urther authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Grant f unding is not anticipated to be used in this project. Legislative Tracking Property Management / Procurement ATTACHMENTS: Description Attachment A Bid Tabulation Page 138 of 878 Commission Memorandum ITB 2017-039-JC Plumbing Services February 8, 2017 P a g e | 3 Attachment A Page 139 of 878 Compe titive Bid Reports - C2 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATI ON TO BID (I TB) No. 2017-027-ZD FOR LOTTI E APARTMENTS BUILDI NG REHABILI TATION PROJECT. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida to approve the City Manager ’s recommendation pertaining to the bids received, pursuant to ITB 2017-027-ZD, Lottie Apartments Building Rehabilitation Project ANALY SIS The Lottie Apartments building is located at 530 75th Street in a 7,500 SF lot size. The building is a two-(2) story structure with an elevation of approximately 25 f t. and an adjusted area of 8,936 SF. At the present time, we have identif ied def iciencies af f ecting the integrity of the building interior. Also, the presence of lead paint in the tile f loors and bathrooms has been conf irmed. Through the ITB, the City of Miami Beach intends to correct the identified deficiencies in the interior and exterior façade and to add materials that are environmentally friendly and systems that contribute to save valuable resources. The scope of the construction project is covered within the set of construction documents and specifications prepared by the architectural company ELA Architects and summarized below: Exterior scope of work: a ) Replace roof. The top layer will be having a ref lective value specified on the design documents b ) Repair of concrete spalling in various sections of the grade beam that has exposed rusted rebar c) Repair hollow or Spalling stucco in the f açade of the building d) Treat and seal f açade cracks e ) Seal the perimeter of the exterior windows. Some windows need to be re- installed to a leveled position f ) Repair and seal the structural attachment of the metal walkway and stair to the exterior wall. Refinish the metal walkway and stairs with a slip resistant material and provide the proper slope to evacuate rain water f rom walking areas. g) Enclose space under the existing stairs in the back of the building h) Add gutter system to the exterior of the building i) Provide new concrete sidewalk in the back of the building. Page 140 of 878 j) Plant new Zeroscape landscaping k) I nstall LED and solar battery with 110V backup building exterior lighting l) Install new ADA access ramp f or unit 104 m ) Replace existing mail boxes attached to the exterior wall with a stand along mailbox structure n) Remodel concrete sidewalks around the perimeter of the building o) Paint the exterior of the building p ) Repair or install new awnings or f lashing protection and find the adequate threshold to avoid water intrusion. Interior scope of work: q) Abate all lead found throughout the building f ollowing EPA guidelines r ) Replace all tile floors in every apartment. New tile will have recycle material content as specif ied on the design documents s ) Renovate all bathrooms in every apartment. New cabinets will be laminate with recycle material content as specif ied on the design documents. All new plumbing fixtures will be low- water consumption t) Clean exhaust f ans in all units u) Repair/replace and seal all the base boards in every apartment v) Repair and seal drywall inside the AC closets w) Repair drywall in walls and ceilings areas as required inside every apartment x) Replace plumbing fixtures in kitchens with water efficient type (faucets) y ) Replace kitchen cabinets, where necessary. Cabinets will be laminate with recycle material z ) Replace carpet in stairs f or all apartments. Finish material as specified on design documents aa) Paint interior bb) Add weather strip to all entry doors IT B PROCESS ITB No. 2017-027-ZD, was issued on November 30, 2016, with a bid opening date of January 17, 2017. Four (4) addenda were issued. The Procurement Department issued bid notices to 475 companies utilizing www.publicpurchase.com website and 77 companies including minority owned were notified via email notification. Seventy one (71) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of eight (8) responses f rom: Azulejo, Inc., Carivon Construction Co., Emerald Construction, Epic Consultants, Inc., GeckoGroup Inc., OAC Action Construction, Stone Concept Miami, Inc., and TEAM Contracting. See tabulation sheet (Attachment A). The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the I TB will be recommended for award. I n its due diligence, the Procurement Department verified that the lowest bid submitted by Azulejo, Inc., has met the requirements of the I TB, including: Licensing Requirements: Bidder shall be State of Florida certif ied and licensed General Contractor to be considered f or award and submit evidence of licensing with their bid. Azulejo, Inc. is State certified as a General Contractor. State license number is: Page 141 of 878 CGC1506288 and expires on August 31, 2018. Previous Experience: Bidder (Proposing Firm) must have successf ully completed the rehabilitation of at least one federally funded project of similar in size and scope within the last two years. Azulejo, I nc. submitted one (1) f ederally funded project similar in size and scope. Additionally, they provided reference to several other projects that highlight their experience with the services required f or the rehabilitation of the Lottie Apartments Building. Bidder must have the capability to provide a perf ormance and payment bond for the project. The City reserves the right to require performance and payment bonds f rom the successf ul bidder. Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company’s bonding capacity, in the amount not less than one hundred percent of the total base bid amount. The bid response f rom Azulejo, I nc. was accompanied by a bonding capacity letter from United States Fire Insurance Company dated January 13, 2017. The capacity letter indicated that Azulejo, Inc. has been extended a bonding f acility, which has supported individual projects up to $2,500,000.00 and an aggregate work program in the $6,000,000.00 range. United States Fire I nsurance Company is rated A XII by A.M. Best. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of perf ormance and have sufficient financial resources to ensure that they can satisf actorily provide the goods and/or services required herein. While Azulejo, I nc. has not previously been awarded a contract by the City, the verified references f ound a good record of performance to ensure that they can satisfactorily provide the goods and/or services required in the ITB. The latest Supplier Qualifier Report completed by Dun and indicates that the firm is at medium risk of financial challenges; it has a supplier risk rating of 6 out of 9. Accordingly, Azulejo, I nc. has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. Azulejo, Inc. specializes in building, restoring and remodeling commercial properties. The staf f has more than 25 years of experience and has completed over 300 hundred projects in the Southeast Florida region. Their f ocus is on Federal, State, City, and County government market segments. CONCLUSION Af ter considering the bids received and the evaluation of staff, pursuant to I TB 2017-027-ZD. I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Azulejo, I nc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPPORTED Page 142 of 878 Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Funding will be utilized from the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) by the Department of Housing and Urban Development (HUD). Amount 1 $ 112,793.93 Account 1 135-0530-000346-00-404-534-00-00-00- 40010 Amount 2 $ 148,388.31 Account 2 132-0530-000346-00-404-533-00-00-00- 40010 Amount 3 $ 168,555.00 Account 3 174-0530-000349-00-404-554-00-00-00- 40010 Amount 4 $ 389,847.76 Account 4 139-0530-000346-00-404-534-00-00-00- 40010 Total $ 819,585.00 Legislative Tracking Housing & Community Services / Procurement ATTACHMENTS: Description Attachment A - Tabulation Page 143 of 878 Azulejo, Inc Epic Consultants GeckoGroup, Inc.Carivon Construction Co.TEAM Contracting OAC Action Construction Emerald Construction Corporation Stone Concept Miami, Inc. 819,585.00$900,104.25$971,000.00$1,112,793.00$1,130,441.15$1,145,413.80$1,305,180.00$1,374,110.00$ 1 2 3 4 5 6 7 8 TABULATION OF BIDS RECEIVED Invitation to Bid (ITB) 2017-027-ZD: Lottie Apartments Building Rehabilitation Project RANK Lump Sum Grand Total (Total Base Bid) Page 144 of 878 Commission Committe e Assignme nts - C4 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAI RS COMMI TTEE FOR DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS. RECOMMENDATION It is recommended to refer this item to the Neighborhood/Community Affairs Committee for discussion of the future use of the West Lots. ANALY SIS BACKGROUND The City-owned property known as the "West Lots" consists of 8 city blocks of land located on the W est side of Collins Avenue, directly across the street f rom North Shore Open Space Park. Each of the 8 blocks measures 175 feet by 300 feet or 1.2 acres. Four of the blocks are developed as off-street parking lots (total 307 spaces), two blocks are vacant land, one block is used f or a temporary Ocean Rescue headquarters, and one block is currently being utilized by the Parking Department on a temporary basis. It is believed that development of these lots has potential to add additional recreational/civic opportunities for the neighborhood, add retail and dining opportunities to the area, increase parking capacity for the immediate area as well as for a soon-to-be-improved North Shore Open Space Park, and provide lease payments and property taxes that would assist in providing for other area and City-wide needs. The land that currently encompasses the West Lots as well as North Shore Open Space Park was assembled by the City of Miami Beach over a period of time spanning three decades between the 1950's and 1980's. In 1989, the City deeded all of the W est Lots and North Shore Open Space Park to the State of Florida with a deed restriction "that the above described property shall be used and maintained for public recreational purposes for which it was conveyed in perpetuity." In November 2000, the State of Florida deeded the land back to the City of Miami Beach without any specific language about the use of the land. ANALYSIS THE NORTH BEACH MASTER PLAN During public input sessions held during the creation of the Plan NoBe – North Beach Master Plan, the public expressed a number of suggestions for the use of these properties. Suggestions included leaving the properties “as is;” creating a public park space; selling the properties f or development; and several other options. Two potential scenarios were included in the final plan: 1) Mid-rise and residential development on f our of the eight lots to be considered for public/private partnerships, with the remaining four lots to remain available for Page 145 of 878 civic uses; 2) Primarily public uses such as a hotel, various active public uses, civic space, and parking structures. W hile both scenarios were included in the adopted plan, it was the general consensus that scenario one (1) was a good compromise. In scenario one (1), it was contemplated that the four public/private lots could include the development such as mixed use buildings with retail and residential uses or potentially, a hotel facility. The plan f urther recommends that these lots not be sold, but that the land be leased to private entities f or these purposes (the City Charter requires any such lease of more than 10 years will require a citywide referendum). The recommendations for the remaining four civic- use lots included the placement of parking structures (possibly with ground floor retail or other civic related offices or uses) on two of the four lots as parking remains necessary f or other uses on the lots and for users of the North Shore Open Space Park directly across Collins Avenue. Uses f or the other lots included more direct public uses such as a teen center or active uses such as a swimming pool or soccer fields. Scenario two (2) included limited public/private development of a hotel with the remainder of the lots to include various civic uses such as a pool, community gardens, all-wheels skate track, and a teen center. This scenario was not the compromise as the Steering Committee recognized that signif icant resources would be required to maintain all of these uses while uses in Scenario one (1) had potential to be paid f or/built/maintained by the private parties utilizing non-civic land. Certainly other possibilities can be reviewed, however, if development of the lots is desired, there are a number items that must be contemplated in advance. The City would need to determine if all the lots should be developed together or if a single lot or groups of lots should be released. It could couple development of a private lot with development of a civic lot by the private developer. A determination would also need to be made as to whether the City wants to specifically proscribe what can be built on the lots or request broad responses from the development community as to what the market might best absorb. CONCLUSION It is believed that development of these lots has potential to add to the area additional recreational/civic opportunities as well as retail and dining opportunities. Development can also increase parking capacity for the immediate area as well as f or a soon-to-be-improved North Shore Open Space Park, and provide lease payments and property taxes that would assist in providing f or other area and Citywide needs. Discussion by the Neighborhood/Community Af f airs Committee is suggested in order to begin to frame the conversation and ultimate direction. KEY INTENDED OUTCOMES SUPPORTED Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive FINANCIAL INFORMATION There is no f inancial impact to the referral at this time. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: Page 146 of 878 Description West Lot pages from North Beach Master Plan Page 147 of 878 The West Lots consist of eight half blocks fronting Collins Avenue across from North Shore Open Space Park, from 79th Street to 87th Street. These blocks provide parking for North Shore Open Space Park and the beach beyond. The West Lots are large enough to accommodate parking, as well as additional uses that are desired by the community. They have the potential to provide parking, open space and buildable area. The Lots provide the largest continuous civic/commercial oceanfront adjacent development opportunity in the City. TheWestLotspresentawonderfulopportunitytospatially shape a robust edge to the North Shore Open Space Park. These sites boast valuable addresses that could accommodate a broad range of potential uses. In places where buildings front the sidewalk, raised terraces could accommodate further outdoor dining while gracefully helping to satisfy building flood elevation requirements. New buildings, if carefully designed, can seamlessly complement the City’s MiMo architectural heritage. Emphasisshouldbeplacedonslender,deeplycantilevered eyebrows, and sleekly streamlined detailing. Colors of new buildings should be light or white to reflect the hot South Florida sun and reduce heat island effect. West Lots In the illustration below, Collins Avenue is shown reconfigured within the right-of-way to accommodate two-way travel as discussed in the Mobility section. On the side of the street adjacent to the North Shore Open Space Park, a northbound dedicated bus-bike lane is included, which would make this an important segment in the future multi-modal transportation network in Miami Beach. On the side of the street away from the park, on-street parking and regularly spaced shade trees are shown protecting wide sidewalks. Shade could be further augmented by closely-spaced umbrellas in areas with sidewalk dining. The City should take the time to carefully define an identity for the West Lots with the community, as it further defines the rest of North Beach to ensure redevelopment of these lots is in conformance with that vision. The City should not rush to develop these lots. The West Lots are zoned General Use and are separated from the RM-1 neighborhood district to the west by an alley. These parcels are of a relatively consistent size of approximately 175 feet by 300 feet. The lots are currently a mix of undeveloped open blocks, public surface parking lots, Ocean Rescue operations, and the log cabin site that includes a mix of other city uses. North Beach Master Plan Report | September 23[2.72]DRAFT Page 148 of 878 CollinsAvenueHardingAvenue86th Street 85th Street 84th Street 83th Street 81st Street 80th Street 79th Street 82nd Street 87th Street North Shore Open Space Park »›‹ –‹› –«†…¿ﬁ§ As consensus on appropriate development opportunities emerges,asingleblockorsetofblockscouldbedeveloped, while the other blocks remain unchanged if consensus for a larger strategy for all eight parcels is not identified. The answer to what the West Lots should be is not an all or nothing question. At the Charrette, the community developed a collective list of how they might like to see the West Lots utilized. The list consists of the following: Library Skate Park (All Wheels Pump Track) Fitness Complex 50 Meter Competition Swimming Pool Boutique Hotel Commercial Uses (Storefronts) Residential Restaurants/Cafe Parking Grocery Store Education tied to a University Nature Conservancy & Botanical Gardens Hold for Future Use Recreate the House of Refuge Preserve the Log Cabin Community Gardens Chapter 2 | Five Big Ideas [2.73]DRAFT Page 149 of 878 Parking Garage & Sidewalk Cafes The West Lots currently contain 327 parking spaces. If development occurs, these spaces can be preserved in addition to accommodating parking for any new uses, if additional parking is required. One method for achieving this involves creating a parking garage that is lined, at least on the ground level, with commercial space, including cafes. The garage could be a city garage where commercial space is leased or it could be developed as a public-private partnership. Boutique Hotel Halfofablockoranentireblockcanbeusedtodevelopa hotel.Aheightofuptosevenstoriescouldbeconsidered an appropriate height to be able to develop an adequate number of units and include a parking structure within a three story podium. It has been suggested that if some blocks have more height, then they should be located further toward the northern edge of the City, closer to the taller buildings that have been developed in Surfside. Institutional Use Several institutional uses were mentioned as desirable for the site including an educational facility (preferably tied to a university), medical uses, and a teen center. This type of use could develop on an entire block, or a portion of a block. Depending on the size of the facility, it could accommodate parking on the same block or could be next to a new parking garage on an adjacent lot. It is worth noting that the institutional uses identified may be better located elsewhere in North Beach such as adjacent to the Youth Center or in the Town Center on 71st Street. Collins Avenue 81stStreet82ndStreetCollins Avenue 81stStreet82ndStreetCollins Avenue 81stStreetSome of the uses proposed for West Lots and described in greater detail below could be located within the West Lots while others may be more appropriately located closer to the Town Center, along 71st Street. At the same time, many of the desired uses can be accommodated on a portion of a block, a single block, or as two blocks combined. »' «•·…•†„ •“•‰ «•·…•†„ —¿ﬁ•†„ –«ﬁ‹ ˝•…»'¿· —––· ﬁ»»† ˝¿‰» –‡‡«†•‹§ ¿ﬁ…»† ﬁ»»› LegendImmediate Improvements TheWestLotsarelikelytobedevelopedaspartofaspecific master plan, however, in the short-term improvements could be made to improve the visitor experience including refreshment sales from the Log Cabin structure between 81st and 82nd streets, the dedication of an area for a teen center, and the installation of temporary community gardens. Improvements to the lot’s current parking function could include additional landscaping, repaving, restriping, and cosmetic improvements. North Beach Master Plan Report | September 23[2.74]DRAFT Page 150 of 878 Fifty Meter Competition Pool During the North Beach Charrette, members of the communityrequestedthattheWestLotsaccommodatea poolthatcanbeusedbythecommunityandsupplement its maintenance by also being a competition pool. A fifty meter pool, viewing stands and dive pool fit on a single block. Offices, locker rooms, and snack bars can be located under the stands. This pool can be combined with other blocks and could be used to form a larger fitness complex. The pool illustrated here is just an example of what could be sited here. Mid-Rise Condo Half of a block or an entire block can be used to create a mid-rise condominium building. The ground floor of these structures could be dedicated to neighborhood serving retails space. A height of up to seven stories could be considered an adequate height to develop an appropriate number of units andincludea parking structurewithin athree-story podium. Alternatively, parking could be located close by,on one of the adjacent lots. Preserve Lots Perhaps the least controversial use for the West Lots is for the City to continue to hold the lots as they are in order to have them available for future unknown needs. Although this is an option, planning for the future use of the lots is important as both public and private entities are considering the future use of the sites. The City should develop a community-supported vision for the West Lots before an outside proposal pressures the City in some other manner. Collins Avenue 81stStreet82ndStreetCollins Avenue 81stStreet82ndStreetResidential Use - 3 Stories Another idea that was expressed for the future of the West Lots is that the lots should be developed at the samescaleastheRM-1neighborhoodtotheirimmediate west. One option with this scenario involves lots that are developed with fee-simple, park-under townhomes. Condo buildings that match the existing buildings with parkingaccommodatedinsmallmidblocklotswouldalso work well in this scenario. This development scenario would privatize the lots, but they would be of a similar scale as the surrounding community. Collins Avenue 81stStreet82ndStreetCollins Avenue 82ndStreetChapter 2 | Five Big Ideas [2.75]DRAFT Page 151 of 878 Putting It All Together The future composition of the West Lots can take on numerous forms. The following are two potential scenarios for a mix of development. DEVELOPMENT Developing the lots with mid-rise buildings (primarily seven-storytowersonathreestorypodiumwithparking, either in the form of boutique hotels or residential buildings),hasthepotentialofraisingtaxrevenueforthe area. This revenue can be used to preserve the historic assets in the RM-1 neighborhood to help fund sea level rise mitigation efforts, or for other priorities yet to be determined by the City and the citizens. Thisscenario hasfour blocksused for public useand four blocks that utilize public-private partnerships.CollinsAvenueHardingAvenue86th Street 85th Street 84th Street 83th Street 81st Street 80th Street 79th Street 82nd Street 87th St North Shore Open Space ParkByronAvenue AbbotAvenueTatumWaterwayCrespiBoulevardHotel (3 story podium, 7 story tower) Residential (3 story podium, 7 story tower) Public Parking, Cafes & Retail (3 stories) Residential (3 story podium, 7 story tower) Residential (3 story podium, 7 story tower) Civic, Community Gardens, Log Cabin, Soccer Field, All-Wheels Park Center (1 story) Civic, Teen Center (3 stories) Public Parking, Cafes & Retail (3 stories) a b c d e f g h a b c d e f g hWaterwayDrive»' «•·…•†„ •“•‰ «•·…•†„ —¿ﬁ•†„ –«ﬁ‹ ˝•…»'¿· —––· ﬁ»»† ˝¿‰» –‡‡«†•‹§ ¿ﬁ…»† ﬁ»»› a b c d e f g h CollinsAvenue 85thStreet8 1 s t S t r e e t North Beach Master Plan Report | September 23[2.76]DRAFT Page 152 of 878 SCENARIO 2: PRIMARILY PUBLIC USES The West Lots could host a number of civic uses. Although North Shore Open Space Park is located across Collins Avenue from the West Lots, it serves primarily passive uses. The West Lots could be used for more active recreation and structured parking uses. Although not illustrated, one of the east-west streets could potentially be closed to create a pedestrian- dominant space. As illustrated, the blocks can also remain separate, which greatly enhances connectivity throughout this portion of the beach. Even with the majority of the lots being utilized for the public good, there is still an opportunity for the remaining blocks to accommodate other desired uses, such as a hotel. Private development or a public-private partnership could help fund the development of the lots other blocks that have a primarily civic use. This scenario includes six blocks allocated for public use and two blocks that would utilize public-private partnerships.CollinsAvenueHardingAvenue86th Street 85th Street 84th Street 83th Street 81st Street 80th Street 79th Street 82nd Street 87th St ByronAvenueAbbotAvenueTatumWaterwayCrespiBoulevarda b c d e f g h North Sh ore Open Space Park Hotel (3 story podium, 7 story tower) Public Parking, Cafes & Retail (3 stories) Civic:FiftyMeter(50m)CompetitionPool(2stories) Civic: All-Wheels Park, Teen Center (3 stories) Public Parking, Cafes & Retail (3 stories) Civic: Community Gardens, Log Cabin (1 story) Public Parking, Cafes & Retail (3 stories) Institutional Use (3 stories) a b c d e f g h WaterwayDrive»' «•·…•†„ •“•‰ «•·…•†„ —¿ﬁ•†„ –«ﬁ‹ ˝•…»'¿· —––· ﬁ»»† ˝¿‰» –‡‡«†•‹§ ¿ﬁ…»† ﬁ»»› a b c d e f gh CollinsAvenue 85thStreet8 1 s t S t r e e t Chapter 2 | Five Big Ideas [2.77]DRAFT Page 153 of 878 Commission Committe e Assignme nts - C4 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMI TTEE FOR DISCUSSION REGARDI NG A SKATE PARK/PARKING STRUCTURE AT 72ND STREET PARKING LOT (P92). RECOMMENDATION It is recommended that the item be referred to the Finance and Citywide Projects Committee for discussion on potential additional funding for a skate park and design of a parking structure for the 72nd Street parking lot. ANALY SIS BACKGROUND: For several years, the City has had within its work plan to site and construct a skate park within the municipal limits. Multiple sites have been explored throughout the City with each location posing challenges. These challenges include resident objections to the use close to their homes that the City has been unable to mitigate to date. Nonetheless, the City has continued to pursue a site for such a park due to the demand f rom the local skating community and local residents who would like to have a place f or skaters to enjoy their sport. In the spring of 2015, Velosolutions USA, a locally-based company, made presentations to the Parks and Recreation Board and the Mayor ’s Blue Ribbon Panel on North Beach regarding a mixed use, all-wheels, pump track concept. This concept varies f rom a traditional skate park in that it is more of a contoured and graded track suitable for skateboards, rollerblades, bicycles and the like, and it is more suited to use by persons of all ages and skill levels. A traditional skate park, while useable by rollerbladers and certain bicyclists, is more f or skateboard riding and would include steeper ramps and other elements on which to launch into various “tricks”. At the January 13, 2016 meeting, the City Commission ref erred this item to the Neighborhood/Community Affairs Committee (NCAC). Upon reviewing potential locations and having discussion at several meetings, the Neighborhood/Community Affairs Committee asked for staf f to seek potential locations in North Beach for the siting of one or both of these types of f acilities. Several locations were presented to the Neighborhood/Community Affairs Committee at its April 15, 2016 meeting. The Neighborhood/Community Affairs Committee asked for three staff recommended sites; the 72nd Street (P92) Parking lot, the West Lots (those lots on the west side of Collins Avenue Page 154 of 878 between 79th Street and 87th Street), and the south end of North Shore Open Space Park to be brought to a public workshop in North Beach for the purposes of gathering the input of the public. In addition, the Neighborhood/Community Af f airs Committee requested that input be obtained from the Parks and Recreation Facilities Advisory Board and the Mayor’s North Beach Master Plan Steering Committee. At the af orementioned public input meeting, held on May 25, 2016, the public in attendance suggested the location at the North Shore Open Space Park as their desired site. It was clear that the public actually favored the 72nd street lots location, but indicated preference f or the park location due to an anticipated time lag on constructing a park on the parking lot. The Parks and Recreation Facilities Advisory Board also recommended the North Shore Open Space Park location at its May 2016 meeting. The North Beach Master Plan Steering Committee requested conceptual drawings of each of the three sites before committing to support a particular location. Unfortunately, the Committee was sunset before the drawings could be reviewed and thus it made no recommendation. The Neighborhood/Community Af f airs Committee, at the October 21, 2016 meeting, was presented with conceptual drawings of a skate park in the three locations under consideration. Af ter a short discussion, it was clear the members of the Committee unanimously favored the 72nd street parking lot with an understanding that the placement of a skate park at this location will cause a loss of parking spaces in the existing lot. They requested that staf f return to the November meeting with more information regarding the loss of parking if a skate park is located at the site, the potential f or reconfiguring the parking lot with a parking structure, the inclusion of greenspace on this block, and the inclusion of other amenities as outlined in the recently adopted North Beach Master Plan. The NCAC continues to review placement of activities on the 72nd street lot and alternative uses for areas of the 72nd street lot that would not to be utilized by the skate park or parking structure. ANALYSIS This 72nd Street Parking lot, also known as lot P92, is an entire block bounded by 72nd Street on the South, 73rd Street on the North, Collins Avenue on the East and Harding Avenue on the W est. The lot contains 320 parking spaces and it serves the general commercial uses to the south and north of the lot, as well as providing parking for the North Shore Park and Youth Center, the beach, and for events at the North Beach Bandshell. Given the uses the lot serves, it sees peak usage on the weekends, when beach use is highest, and during special events at the bandshell and at the North Shore Park and Youth Center that draw larger crowds f or several hours at a time. An all-wheels skate park placed at this site would be maximized at about 28,000 square f eet in area. The park could be as small as 9,000 square f eet, but it has been evaluated at the maximum size thus far. I t is currently contemplated that the skate park at this site would be a hybrid skate park with both elements of an all-wheels track and a traditional skate park including areas for skaters to perform various “tricks.” A discussion with Velosolutions USA, the f irm that originally introduced the all-wheels track concept to the City and a builder of skate parks, indicated two different options for construction: a park with an asphalt track or one of concrete. Velosolutions USA further offered per square foot cost estimates of $25.00 per square foot for asphalt and $35.00 per square foot for concrete. These cost estimates were inclusive of park landscaping. given these estimates, cost f or a skate park at various sizes and construction materials is provided below in Table 1. Page 155 of 878 TABLE 1 - Estimated Hybrid Skate Park Cost Skate Park Size (in sq.ft.)Asphalt ($25 per sq.ft.)Concrete ($35 per sq.ft.) 9,000 $225,000 $315,000 15,000 $375,000 $525,000 20,000 $500,000 $700,000 28,000 $700,000 $980,000 In 2012, The City originally allocated $400,000 for construction of a skate park of which $396,280 remains available for this project. Should it be determined a skate park of construction or size that exceeds the available budget is desired, additional f unds will need to be budgeted for the project. PARKING IM PACT If the City were to maximize the size of the skate park and provide the largest contemplated footprint of 28,000 square f eet, the park would occupy the area of approximately 100 parking spaces in the existing lot. With this assumption, City staff contacted Walker Parking Consultants, who had prepared a 2014 parking analysis of North Beach, and asked for a basic assessment of what the loss of these spaces would mean to the parking occupancy levels of the lot. The resulting analysis can be found in Table 2. The calculations in Table 2 do not include additional parking that would be needed f or visitors to the skate park. While many users of the park will ride skateboards to the location, the park could be a draw from a larger area and thus attract users that will arrive by automobile. Staf f is working with Walker Parking Consultants to ascertain parking needs for the park, however, additional research is required to make a more direct correlation of parking demand f rom such a use due to varying types of skate parks and the limited number of such public parks locally, in the state, and across the Nation. TABLE 2 – Parking Occupancy Impact Observed Conditions Sat Sat Sat Weekday W eekday Weekday Block/Lot Inventory Noon 4 PM 9PM 11AM 2PM 7PM P92 305 156 304 204 76 81 109 Occupancy 51% 100% 67% 25% 27% 36% Potential Conditions* Sat.Sat.Sat.Weekday Weekday Weekday Lot I nventory Noon 4 PM 9 PM Noon 2 PM 7PM P92 205 156 304 204 76 81 109 Occupancy 76% 148% 100% 37% 40% 53% *Does not include additional parking demand for skate park or other uses Table 2 (Observed Conditions) shows that without factoring in the additional parking needs of the skate park, the lot experiences full occupancy only in the late afternoon on Saturdays with the remainder of the Saturday and weekdays showing significant vacancy throughout the day. W hen the loss of 100 spaces (Potential Conditions) is considered, it shows that weekday Page 156 of 878 parking needs could be accommodated, but Saturday usage would become even more deficient. Again, this analysis does not address the additional need for parking due to the skate park though It is unlikely that the additional need would put occupancy over capacity during weekday periods, but it would place even more burden on the Saturday parking need. Additional parking needs that may come f rom expected development in the area, coupled with even somewhat successf ul North Beach revitalization ef f orts, would then mean that this lot would start to see additional demand pushing occupancy levels even higher. Given this, unless the City wishes to minimize the footprint of the skate park (it can be as small as 9,000 square f eet) it would be best to look at the vision for the block contemplated in the North Beach Master Plan for the entire block. PARKING ST RUCT URE COST EST IM AT ES Basic cost estimates for building a parking structure can be determined by using the City’s current parking space cost f actor of $30,000 per space for construction of parking structures + 30% of this cost added on for sof t costs (design and other). Table 3 shows costs of the examples given and two sizes between the examples. It should be noted that these are just estimates and there will probably be additional costs based on the type of ground f loor uses (Table 3 assumes no ground floor parking). TABLE 3 – EST IM AT ED PARKING ST RUCT URE COST S Sq. Ft Area # of Spaces Cost 45,000 360 $14,400,000 50,000 400 $16,000,000 55,000 440 $17,600,000 59,000 472 $18,880,000 Currently, it is estimated that there is $2.8 million available in North Beach I mpact Fees/Fees in Lieu of Parking which can be used to increase parking availability in the North Beach area. The Commission could choose to develop the program f or the full 72nd St. lot and then fund for the design of the parking garage based on the size determined appropriate for the approved program., Funding f or the garage construction could be appropriated in the future, thus allowing time to develop the f unding. UT ILIT IES It has also been f ound that signif icant utilities exist under the 72nd Street lot. Stormwater, water, and sanitary sewer lines are all located underground. Additionally, an FPL electric transmission line also traverses the property. Engineering has indicated these lines are aging and probably need replacement and that relocation around the lot is possible. A more in-depth review of utilities is required to determine the need f or utility relocation/replacement which will also be influenced by the development program ultimately chosen for the lot (i.e. just siting a skate park or including a parking structure and other various uses). CONCLUSION A skate park has long been desired in the City. The 72nd Street parking lot (P92) has been identif ied as an appropriate location by the public and the Neighborhood/Community Affairs though depending on the size of the skate park, may necessitate the need for a parking structure if the Commission desires to maintain or expand area parking inventory. Cost estimates have been provided for the skate park at various sizes and construction materials, and estimates have also been provided f or the construction of a parking structure at various Page 157 of 878 footprints. The Committee may wish to review whether to recommend additional f unding for the skate park to allow f or a larger area or more durable construction material. Additionally, the Committee may wish to recommend funding be requested in the FY 2017-18 budget for the design of a parking structure at this site. KEY INTENDED OUTCOMES SUPPORTED Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive FINANCIAL INFORMATION This referral will have no direct f inancial impact. However, it will help determine the impact should the Commission ultimately review construction of a skate park and other amenities at this location. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: Description Illustration, and Maps CGA skate park illustration Page 158 of 878 Page 159 of 878 Page 160 of 878 Page 161 of 878 Miami Beach GIS • 1700 Convention Center Drive • Miami Beach, FL 33139 • 305.673.7000 • gis.miamibeachfl.gov Legend Notes Print Date: Page Number: 1/4/2017 1 of 1 Filename: Requested By:Roger Buell Drawn By: 0012016Tracking Number: Parking Lot P92 Copyright © 2017 Miami Beach 1 Inch Equals Feet60.00 Nestor Navrarro Municipal Boundary Street Names Parcels Sewer Fitting Bend LateralWye Cap Coupling Cross Offset Plug Reducer Tap Tapping Saddle Tee Wye Double Wye Sewer Fitting Abandoned In Place Sewer Pump Station Dry Pit Booster Submersible Dry Pit/Booster Sewer Valve Air Release Valve Air Release/Blow-off Ball Check Gate Plug Sewer Cleanout Gravity Cleanout Pigging Station Satellite Meter Station Sewer Manhole Abandoned In Place Standard Manhole Sewer Gravity Main Main Line, Active Main Line, Proposed Trunk Line, Active Abandoned In Place Sewer Force Main Force Main Transmission Force Main Abandoned In Place Page 162 of 878 POTENTIALTOACTIVATEEDGEANDACTASACONNECTORPage 163 of 878 Commission Committe e Assignme nts - C4 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNI NG BOARD - ORDINANCE AMENDMENT PERTAINI NG TO RM-1 AND RM-2 DEVELOPMENT REGULATIONS AND PARKING REQUI REMENTS. RECOMMENDATION Refer the proposed Draft Ordinance Amendments to the Land Use and Development Committee and Planning Board for consideration and recommendation. ANALY SIS HISTORY On January 17, 2016, the Mayor ’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendments and recommended that the City Commission refer them to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item. PLANNING ANALYSIS There are two ordinance amendments attached. T he following is a summary of the existing regulations along with the proposed modifications. Current Regulations Proposed Regulations 1.a. Minimum yard elevation No minimum 6.56 feet NGVD 1.b. Maximum yard elevation 30 inches above grade 30 inches above grade or Future adjusted grade, whichever is greater 1.c. Maximum yard elevation waterfront lots (rear) 30 inches above grade Base flood elevati on plus freeboard 2.a. Lot coverage RM-1 No requirements ~52%-62% for building alone ~64%-72% incl. parki ng 45% including bui ldi ng and parking 2.b. Lot coverage RM-2 No requi rements 3.a. Max Height RM-1 50 feet / 5-stori es 55 feet/ 5-stori es Page 164 of 878 3.b. Max Height RM-2 60 feet / 6 stories 75 feet / 8-stori es 4.Parking setbacks Side 5 feet or 5% of lot wi dth 10 feet or 8% of lot width Rear 5 feet 5 feet if abutting an alley, otherwise 10% of lot depth 5. Building Setbacks Side 7.5 feet or 8% of lot width 10 feet or 8% of lot width 6. Parking Zero for lots <= 65 feet in width 1.5 /unit (550-999 SF)1 / unit (550-1600 SF) 1.75/unit (1000-1200 SF) 2/unit (>1200 SF)2/unit (>1600 SF) 7. Mechanical Parking Conditional Use approval required from Planning Board regardless of project size May be approved by the Design Review Board or Historic Preservation Board for buildings with <20 units 1. Yard elev ations Recently, the City Commission amended the requirements for raising yards within Single Family Districts as an adaptation measure to address the effects of sea level rise. Currently there are no minimum yard elevation requirements for RM-1 and RM-2 properties, and the maximum elevation is 30 inches above grade. The proposed modifications would implement a minimum elevation and raise the maximum elevation for RM-1 and RM-2 zoned properties in a similar manner to the single family districts, as outlined below: Current Regulations Proposed Regulations 1.a. Minimum yard elevation No minimum 6.56 feet NGVD 1.b. Maximum yard elevation 30 inches above grade 30 inches above grade or Future adjusted grade, whichever is greater 1.c. Maximum yard elevation waterfront lots (rear) 30 inches above grade Base flood elevati on plus freeboard In order to accommodate the raising of the roadways and public sidewalks, the proposed ordinance would require that all required yards be raised to a minimum elevation of 5 feet NAVD (6.56 feet NGVD), with the exception of driveways, private walkways, grade transition areas, surface Stormwater shallow conveyance and LID features and areas where landscaping is to be preserved. 2. Lot cov erage Currently there are no lot coverage requirements for RM-1 and RM-2 zoned properties. Currently, subject to the approval of the HPB or DRB, an RM-1 or RM-2 zoned site can be developed with a 20 foot front setback, and as little as 5 feet of side and rear setback for parking spaces, resulting in very little pervious landscape area on site. Such landscaped areas are very beneficial for stormwater retention, result in attractive living environments, and help buffer the impacts of new in-fill construction on neighboring properties. Under the existing regulations, constructing a building with parking extending beyond the building walls results in a lot coverage of 64-72% of the total lot area. As proposed, the maximum lot coverage for RM-1 lots would be 45%. This lot coverage takes into Page 165 of 878 consideration the proposed increase in building and parking setbacks, as outlined in #4 and #5 below, as well as the decrease in parking requirements as outlined in #6. Due to the increased floor area ratio (FAR) allowances for RM-2 properties (2.0 vs. 1.25 generally for RM-1 properties), it is difficult to institute a lot coverage limitation for RM-2 properties while also accommodating the required parking. T he referenced increased building and parking setbacks, along with the reduced parking requirements will together result in a reduced lot coverage compared to today’s requirements, without actually putting in place a requirement. Current Regulations Proposed Regulations 2.a. Lot coverage RM-1 No requirements ~52%-62% for building alone ~64%-72% incl. parki ng 45% including bui ldi ng and parking 2.b. Lot coverage RM-2 No requi rements 3. Maximum building he ight Currently, the maximum building height is generally 50 feet/5-stories for RM-1 properties, and 60 feet/6-stories for RM-2 properties. The proposed ordinance increases the maximum height to 55 feet for RM-1 districts and 75 feet for RM-2 districts. T his increase will allow more flexibility in providing specifically higher first floor clearances, such as for parking areas or amenity areas under the building. Elevating the first floor will aid in allowing light and air at the ground level, and assist in the future repurposing of parking areas for other more recreational or passive landscaped areas. The ordinance would also require, that when parking is provided under a building, that the minimum clearance between the ground level and the underside of the first floor slab is at least 12 feet measured from BFE (base flood elevation) + 1 foot. T he DRB or HPB could waive this requirement by up to two (2) feet, as recommended by the Mayor ’s Blue Ribbon Panel on Flooding and Sea Level Rise. Current Regulations Proposed Regulations 3.a. Max Height RM-1 50 feet / 5-stori es 55 feet/ 5-stori es 3.b. Max Height RM-2 60 feet / 6 stories 75 feet / 8-stori es It is important to note that the proposed amendments do not modify the more specific regulations for the RM-1 portion of the Flamingo Park area, where the maximum height will remain at 35 feet. It also does modify the heights of other more specific RM-1 and RM-2 properties. 4. Parking se tbacks Currently in the RM-1 and RM-2 districts, parking can be constructed at a 5 foot setback along the sides and rear of a property. This allowance results in parking areas extending into the side and rear yards, leaving only very minimal areas available for landscaping. As proposed, parking would have to following the building setbacks, which would allow more pervious landscaped areas and retention of more storm water on site. Current Regulations Proposed Regulations 4.Parking setbacks Side 5 feet or 5% of lot wi dth 10 feet or 8% of lot width Page 166 of 878 Rear 5 feet 5 feet if abutting an alley, otherwise 10% of lot depth 5. Building se tbacks The required building side setbacks in the RM-1 and RM-2 districts is 7.5 feet or 8% of the lot width. The proposed ordinance increases this to 10 feet or 8% of the lot width, in order to get slightly more landscaped areas within the side yards on smaller lots. Current Regulations Proposed Regulations 5. Building Setbacks Side 7.5 feet or 8% of lot width 10 feet or 8% of lot width 6. Parking re quire me nts Currently the City code requires between 1.5 to 2.0 parking spaces per residential unit as outlined below. As proposed, no parking would be required on lots that are less than 65 feet in width, and the range of parking spaces required for larger properties is outlined below. On small lots it can be difficult to provide parking, and may overly restrict the redevelopment of small single lots. Development on small lots allows strategic infill rather than more extensive demolition and larger new construction. Such smaller scale construction is often more pedestrian oriented for the neighborhood. Current Regulations Proposed Regulations 6. Parking Zero for lots <= 65 feet in width 1.5 /unit (550-999 SF)1 / unit (550-1600 SF) 1.75/unit (1000-1200 SF) 2/unit (>1200 SF)2/unit (>1600 SF) Recently the City of Miami adopted code modifications to the Little Havana area to eliminate the parking requirements for buildings that are under 10,000 SF and located near public transit. 7. Mechanical parking Lastly, for small residential buildings of less than 20 units, the proposed ordinance would allow the DRB or HPB to review and approve mechanical parking. Currently, any mechanical parking, regardless of the size of development, requires the review and the approval of the Planning Board. Current Regulations Proposed Regulations 7. Mechanical Parking Conditional Use approval required from Planning Board regardless of project size May be approved by the Design Review Board or Historic Preservation Board for buildings with <20 units CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draft ordinance amendments to the Land Use and Development Committee and Planning Board. Page 167 of 878 Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman & Vice-Mayor Joy Malakoff ATTACHMENTS: Description Referral Ordinance (Draft) - Dev Regs Referral Ordinance (Draft) - Parking Page 168 of 878 1 RM-1 and RM-2 Setbacks and Height AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, ; and, WHEREAS, ; and, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 114 of the City Code, entitled “GENERAL PROVISIONS,” Section 114-1, is hereby amended as follows: Sec. 114-1. - Definitions. * * * Lot coverage means the percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof; provided, however, that exterior unenclosed private balconies, and awnings and porte- cocheres shall not be included in determining the building area. * * * SECTION 2. Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Section 142-155, is hereby amended as follows: Sec. 142-155. - Development regulations and area requirements * * * The development regulations in the RM-1 residential multifamily, low density district are as follows: (1) Max. FAR: 1.25; west side of Collins Avenue between 76th and 79th Streets—1.4. (2) Public and private institutions: Lot area equal to or less than 15,000 sq. ft.—1.25; lot area greater than 15,000 sq. ft.—1.4. (3) Exterior building and lot standards: a. Minimum yard elevation requirements. 1. The minimum elevation of a required yard shall be no less than five (5) feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens, and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation Page 169 of 878 2 requirements as outlined in paragraph c., below, the minimum elevation requirements shall still apply. 2. Exemptions. The minimum yard elevation requirements shall not apply to properties containing individually designated historic structures, or to properties designated as "contributing" within a local historic district, or a National Register Historic District. b. Maximum yard elevation requirements. The maximum elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the minimum flood elevation, plus freeboard: 1. Front Yard, Side Yard Facing a Street, & Interior Side Yard. The maximum elevation within a required front yard, side yard facing a street & interior side yard shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. In this instance, the maximum height of any fence(s) or wall(s) in the required yard, constructed in compliance with Section 142-1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 2. Rear Yard. The maximum elevation for a required rear yard, (not including portions located within a required side yard or side yard facing the street), shall be calculated according to the following: (A) Waterfront. The maximum elevation shall not exceed the base flood elevation, plus freeboard. (B) Non-waterfront. The maximum elevation shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. c. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations. d. Retaining wall and yard slope requirements. Within the required front yard and within the required side yard facing a street the following shall apply: (A) Within the first four (4) feet of the property line, the maximum height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. (B) When setback a minimum of four (4) feet from property line, the maximum height of retaining walls shall not exceed 30 inches above adjacent grade. (C) Retaining walls shall be finished with stucco, stone, or other high quality materials, in accordance with the applicable design review or appropriateness criteria of Section 142-105. (D) The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (5:1 horizontal:vertical). e. Lot Coverage. The maximum lot coverage shall not exceed 45%. In addition to the building areas included in lot coverage, as defined in section 114-1, Impervious parking areas and impervious driveways shall also be included in the lot coverage calculations. f. Ground floor requirements. When parking or amenity areas are provided at the ground floor level below the first habitable level, a minimum height of twelve (12) feet shall be provided, as measured from base flood elevation plus minimum freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable may waive this height requirement by up to two (2) feet, in accordance with the design review or certificate of appropriateness criteria, as applicable. Page 170 of 878 3 (3)(4) In the Flamingo Park Local Historic District, the following shall apply: * * * (b) The lot area, lot width, unit size and building height requirements for the RM -1 residential multifamily, low density district are as follows: Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Unit Size (Square Feet) Average Unit Size (Square Feet) Maximum Building Height (Feet) Maximum Number of Stories 5,600 50 New construction—550 Non-elderly and elderly low and moderate income housing: See section 142-1183 Rehabilitated buildings—400 Hotel units: 15%: 300—335 85%: 335+ For contributing hotel structures, located within an individual historic site, a local historic district or a national register district, which are renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life- safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. New construction—800 Non-elderly and elderly low and moderate income housing: See section 142-1183 Rehabilitated buildings—550 Historic district—40 Flamingo Park Local Historic District—35 (except as provided in section 142- 1161) Otherwise— 50 55 Historic district—4 Flamingo Park Local Historic District—3 (except as provided in section 142- 1161) Otherwise—5 SECTION 3. Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Section 142-156, is hereby amended as follows: Sec. 142-156. - Setback requirements. (a) The setback requirements for the RM -1 residential multifamily, low density district are as follows: Page 171 of 878 4 Front Side, Interior Side, Facing a Street Rear At-grade parking lot on the same lot except where (c) below is applicable 20 feet 5 10 feet, or 5 8% of lot width, whichever is greater 5 10 feet, or 5 8% of lot width, whichever is greater Non-oceanfront lots—5 feet abutting an alley, otherwise 10% of the lot depth Oceanfront lots—50 feet from bulkhead line Subterranean 20 feet 5 feet, or 5% of lot width, whichever is greater (0 feet if lot width is 50 feet or less) 5 feet, or 5% of lot width, whichever is greater Non-oceanfront lots—0 feet Oceanfront lots—50 feet from bulkhead line Subterranean and Pedestal, 20 feet Except lots A and 1—30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision—50 feet Sum of the side yards shall equal 16% of lot width Minimum—7.5 10 feet or 8% of lot width, whichever is greater Sum of the side yards shall equal 16% of lot width Minimum —7.5 10 feet or 8% of lot width, whichever is greater Non-oceanfront lots—10% of lot depth Oceanfront lots—20% of lot depth, 50 feet from the bulkhead line whichever is greater. Tower 20 feet + 1 foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Except lots A and 1—30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231—237 of The required pedestal setback plus 0.10 of the height of the tower portion of the building. The total required setback shall not exceed 50 feet Sum of the side yards shall equal 16% of the lot width Minimum —7.5 10 feet or 8% of lot width, whichever is greater Non-oceanfront lots—15% of lot depth Oceanfront lots—25% of lot depth, 75 feet minimum from the bulkhead line whichever is greater Page 172 of 878 5 the Amended Plat of First Ocean Front Subdivision—50 feet (b) In the RM-1, residential district, all floors of a building containing parking spaces shall incorporate the following: (1) Residential uses at the first level along every facade facing a street, sidewalk or waterway. For properties not having access to an alley, the required residential space shall accommodate entrance and exit drives. (2) Residential uses above the first level along every facade facing a waterway. (3) For properties less than 60 feet in width, the total amount of residential space at the first level along a street side shall be determined by the design review or historic preservation board, as applicable. All facades above the first level, facing a stre et or sidewalk, shall include a substantial portion of residential uses; the total amount of residential space shall be determined by the design review or historic preservation board, as applicable, based upon their respective criteria. (c) In cases where the city commission approves after public hearing a public -private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be zero feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district. * * * SECTION 4. Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Section 142-216, is hereby amended as follows: Sec. 142-216. - Development regulations. The development regulations in the RM-2 residential multifamily, medium intensity district are as follows: (1) Max. FAR: 2.0. (2) Exterior building and lot standards: a. Minimum yard elevation requirements. 1. The minimum elevation of a required yard shall be no less than five (5) feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens, and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in paragraph b. below, the minimum elevation requirements shall still apply. 2. Exemptions. The minimum yard elevation requirements shall not apply to properties containing individually designated historic structures, or to Page 173 of 878 6 properties designated as "contributing" within a local historic district, or a National Register Historic District. b. Maximum yard elevation requirements. The maximum elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the minimum flood elevation, plus freeboard: 1. Front Yard, Side Yard Facing a Street, & Interior Side Yard. The maximum elevation within a required front yard, side yard facing a street & interior side yard shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. In this instance, the maximum height of any fence(s) or wall(s) in the required yard, constructed in compliance with Section 142-1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 2. Rear Yard. The maximum elevation for a required rear yard, (not including portions located within a required side yard or side yard facing the street), shall be calculated according to the following: (A) Waterfront. The maximum elevation shall not exceed the base flood elevation, plus freeboard. (B) Non-waterfront. The maximum elevation shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. c. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations. d. Retaining wall and yard slope requirements. Within the required front yard and within the required side yard facing a street the following shall apply: (A) Within the first four (4) feet of the property line, the maximum height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. (B) When setback a minimum of four (4) feet from property line, the maximum height of retaining walls shall not exceed 30 inches above adjacent grade. (C) Retaining walls shall be finished with stucco, stone, or other high quality materials, in accordance with the applicable design review or appropriateness criteria of Section 142-105. (D) The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (5:1 horizontal:vertical). e. Ground floor requirements. When parking or amenity areas are provided at the ground floor level below the first habitable level, a minimum height of twelve (12) feet shall be provided, as measured from base flood elevation plus minimum freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable may waive this height requirement by up to two (2) feet, in accordance with the design review or certificate of appropriateness criteria, as applicable. SECTION 5. Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Section 142-217, is hereby amended as follows: Sec. 142-217. - Area requirements. Page 174 of 878 7 The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Unit Size (Square Feet) Average Unit Size (Square Feet) Maximum Building Height (Feet) Maximum Number of Stories 7,000 50 New construction—550 Non-elderly and elderly low and moderate income housing: See section 142- 1183 Rehabilitated buildings—400 Hotel units: 15%: 300—335 85%: 335+ For contributing hotel structures, located within an individual historic site, a local historic district or a national register district, which are renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. New construction— 800 Non-elderly and elderly low and moderate income housing: See section 142- 1183 Rehabilitated buildings—550 Hotel units—N/A Historic district—50 (except as provided in section 142- 1161) Area bounded by Indian Creek Dr., Collins Ave., 26th St., and 44th St.— 75 Area fronting west side of Collins Ave. btwn. 76th St. and 79th St.— 75 Area fronting west side of Alton Rd. between Arthur Godfrey Rd. and W. 34th St.—85 Otherwise—60 75 Lots fronting Biscayne Bay less than 45,000 sq. ft.—100 Lots fronting Biscayne Bay over 45,000 sq. ft.—140 Lots fronting Atlantic Ocean over 100,000 sq. ft.—140 Lots fronting Historic district—5 (except as provided in section 142- 1161) Area bounded by Indian Creek Dr., Collins Ave., 26th St., and 44th St.—8 Area fronting west side of Alton Rd. between Arthur Godfrey Rd. and W. 34th St.—8 Area fronting west side of Collins Ave. btwn. 76th St. and 79th St.—8 Otherwise—6 8 Lots fronting Biscayne Bay less than 45,000 sq. ft.—11 Lots fronting Biscayne Bay over 45,000 sq. ft.—15 Lots fronting Atlantic Ocean over 100,000 sq. ft.—15 Lots fronting Atlantic Ocean with a property line within 250 Page 175 of 878 8 Atlantic Ocean with a property line within 250 feet of North Shore Open Space Park Boundary—200 feet of North Shore Open Space parking Boundary—21 SECTION 6. Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Section 142-218, is hereby amended as follows: Sec. 142-218. - Setback requirements. The setback requirements in the RM-2 residential multifamily, medium intensity district are as follows: Front Side, Interior Side, Facing a Street Rear At-grade parking lot on the same lot except where (b) below is applicable 20 feet 5 10 feet, or 5 8% of lot width, whichever is greater 5 10 feet, or 5 8% of lot width, whichever is greater Non-oceanfront lots Abutting an alley—5 feet Oceanfront lots— 50 feet from bulkhead line Subterranean 20 feet 5 feet, or 5% of lot width, whichever is greater. (0 feet if lot width is 50 feet or less) 5 feet, or 5% of lot width, whichever is greater Non-oceanfront lots—0 feet Oceanfront lots— 50 feet from bulkhead line Subterranean and Pedestal 20 feet Except lots A and 1—30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231- 237 of the Amended Plat of First Ocean Front Subdivision—50 feet Sum of the side yards shall equal 16% of lot width Minimum—7.5 10 feet or 8% of lot width, whichever is greater Sum of the side yards shall equal 16% of lot width Minimum—7.5 10 feet or 8% of lot width, whichever is greater Non-oceanfront lots—10% of lot depth Oceanfront lots— 20% of lot depth, 50 feet from the bulkhead line whichever is greater Tower 20 feet + 1 foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then Same as pedestal for structures with a total height of 60 feet or less. Sum of the side yards shall equal 16% of the lot width Non-oceanfront lots—15% of lot depth Oceanfront lots— Page 176 of 878 9 shall remain constant. Except lots A and 1—30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231— 237 of the Amended Plat of First Ocean Front Subdivision—50 feet The required pedestal setback plus 0.10 of the height of the tower portion of the building. The total required setback shall not exceed 50 feet Minimum—7.5 10 feet or 8% of lot width, whichever is greater 25% of lot depth, 75 feet minimum from the bulkhead line whichever is greater (b) In cases where the city commission approves after public hearing a public -private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be zero feet. T he street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district. SECTION 7. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 8. 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 re-numbered or re-lettered to accomplish such intention; and that the word “ordinance” may be changed to “section” or other appropriate word. SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _____ day of ___________, 20176. __________________________________ Philip Levine Mayor Page 177 of 878 10 ATTEST: __________________________________ Rafael E. Granado City Clerk Underline denotes additions Strike through denotes deletions First Reading: _________________, 2017 Second Reading: _________________, 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director T:\AGENDA\2017\2 - February\Planning\Ref to PB and LUDC -RM-1+RM-2 Dev Regs ORD.docx Page 178 of 878 1 Residential Parking ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, ; and, WHEREAS, ; and, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 130 of the City Code, entitled “Off-Street Parking,” Article II, “Districts; Requirements,” Section 130-32, is hereby amended as follows: Sec. 130-32. - Off-street parking requirements for parking district no. 1. Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off -street parking spaces shall be provided for the building, structure or additional floor area a s follows: * * * (6) Apartment building and apartment -hotel: a. Apartment buildings on lots that are 50 65 feet in width or less: 1.5 spaces per unit. There shall be no parking req uirement, provided secure storage for alternative transportation such as scooters, bicycles, and motorcycles, is provided. b. Apartment buildings on lots wider than 50 65 feet: 1.5 1 (one) spaces per unit for units between 550 and 999 1,600 square feet; 1.75 spaces per unit for units between 1,000 and 1,200 square feet; 2.0 spaces per unit for units above 1,200 1,600 square feet. c. Designated guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi -family buildings and suites -hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. d. For existing apartment and apartment -hotel buildings, which are classified as "contributing" are located within the Normandy Isles National Register District or the North Shore National Register Dis trict, and which are being substantially retained, preserved and restored, there shall be no parking requirement for the existing structure, and any addition up to a maximum of 2,500 square feet, whether attached or detached. The proposed addition to the e xisting structure Page 179 of 878 2 shall be subject to the review and approval of the Design Review Board or Historic Preservation Board, whichever has jurisdiction, and shall include a renovation plan for the existing structure that is fully consistent with the Secretary of the Interior Guidelines and * * * SECTION 2. Chapter 130 of the City Code, entitled “Off -Street Parking,” Article II, “Districts; Requirements,” Section 130 -38, is hereby amended as follows: Sec. 130-38. - Mechanical and robotic parking systems. (1) Definitions. (a) Mechanical parking means mechanical parking lifts, robotic parking systems, and/or vehicle elevators. (b) Mechanical parking lift means an automated mechanism that lifts vehicles to make space available to park other vehicles below it in a vertical tandem fashion. (c) Robotic parking system means a mechanical garage using elevator systems to hoist individual vehicles from receiving areas to separate auto storage areas. (d) Vehicle elevator means an elevator used for motor vehicles in lieu of ramps within a parking structure. (2) Parking spaces to be used to satisfy accessory off -street parking requirements must conform to the provisions of article III "design standards" of this chapter, with respect to all-weather surface area, minimum parking space dimensions, drive width, interior aisle width, and required markings. Therefore, the use of mechanical parking devices, robotic parking systems and vehicle elevators to satisfy accessory off -street parking requirements shall not be permitted, except as hereinafter provided. (3) Exceptions to the mechanical parking prohibition may be considered by the planning board, pursuant to the conditional use process in chapter 118, article IV of the City Code, if the proposed project meets the following conditions: (a) Commercial main use parking garages on a separate lot. (i) Commercial main use parking garages, open to the public, may utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions of section 130-68. (ii) Parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required within the building by section 130-68 for the cladding of such garages, as may be required by the design review procedures. Notwithstanding the foregoing, any accessory commercial use within commercial main use parking garages utilizing mechanical parking shall not generate an off -street parking requirement in excess of 25 percent of the total number of spaces in the garage. (iii) Parking spaces within commercial main use parking garages util izing mechanical parking, constructed on land: a. Located within a local historic district (except not within the Ocean Beach local historic district); and b. On land which was vacant as of October 17, 2008; and Page 180 of 878 3 c. On land within 300 feet of a proposed new hotel development; May be used to satisfy off street parking requirements for the proposed new hotel units and the following hotel accessory uses: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of assembly (not including restaurants or alcoholic beverage establishments). However, in order to utilize mechanical parking to satisfy off street parking requirements for the foregoing uses, the following condit ions must be satisfied: 1. At least one-half of all parking spaces within the commercial main use parking garage shall be reserved for use by the general public (not to be used for valet storage for offsite valet services); 2. Mechanical parking permitted under this subsection shall be for the sole purpose of new hotel development. For purposes of this subsection, new hotel development means newly constructed hotel units and the following hotel accessory uses, provided that such hotel accessory uses are part of the same development project as the newly constructed hotel units: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of ass embly (not including restaurants or alcoholic beverage establishments); 3. A restrictive covenant in a form acceptable to the city attorney committing the parking garage to providing parking for the related hotel property, and maintaining such hotel prope rty as a hotel, for at least 30 years, subject to release by the planning board if such board determines that the restriction is no longer necessary, shall be recorded prior to the issuance of a full building permit; and 4. Suite hotel units, as defined by section 142-1105, cannot satisfy their off-street parking requirements by using mechanical parking. (iv) Except as described above in subsections 3(a)(ii) and (iii), mechanical parking system within main use parking garages, operating either as commercial garages open to the public, or, as private noncommercial garages, may not be used to satisfy off street parking requirements for uses on a separate lot. This provision may be waived through the procedures detailed in subsection (c), below. (b) Existing multifamily buildings. (i) Existing multifamily buildings with a deficiency of parking may utilize mechanical parking devices within the space of the existing parking structure area. All parking lifts shall be located within a fully enclosed parking garag e and shall not be visible from exterior view. No outside parking lifts shall be permitted. (ii) The increased number of parking spaces as a result of mechanical parking under this provision shall not be used to satisfy any accessory off -street parking requirements. (c) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off -street parking requirements. Page 181 of 878 4 (i) Projects proposing to use mechanical parking devices, robotic pa rking systems and/or vehicle elevators to satisfy accessory and main use off -street parking requirements shall prepare schematic floor plans prior to site plan review by the applicable land use board. Two sets of schematic floor plans shall be required: 1. One set of schematic plans sufficient to show the proposed development project with accessory and main use off -street parking requirements satisfied by traditional, nonmechanical means, meeting all aspects of the design standards for parking spaces requi red in article III of chapter 130, and other provisions of these land development regulations, and requiring no variances from these provisions; and 2. A second set of schematic plans, sufficient to show the same proposed development project, utilizing me chanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off -street parking requirements. The first set of schematic plans shall be reviewed by planning department staff for zoning compliance prior to the site plan review hearing by the applicable land use board. This first set of schematic plans may include one level of below-grade parking spaces, provided such below grade spaces are within the confines of the subject development site and are not located below city property, adjacent private property that is not part of the development site or any rights-of-way. If it is determined that these s chematic plans meet the requirements of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, if the first set of schematic plans includes below grade parking spaces, at least 50 percent of the number of below grade parking spaces shown in the first set of plans must be located below grade in the second set of plans utilizi ng mechanical parking. Further, the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans us ing traditional parking. No variances to these provisions shall be permitted. (d) Apartment buildings utilizing mechanical lifts with 20 apartment units or less shall be exempt from the requirements of section 138-38 (3)(c), and may be approved by the design review board or historic preservation board, as applicable, in accordance with the review criteria of section 138 -38(4), provided the parking area is accessed from a rear alley and secure storage for alternative transportation such as scooters, bicycle s, and motorcycles is provided on site. (4) As part of the conditional use , design review board, or historic preservation board review process for the use of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, the planning board shall consider the following review criteria shall be evaluated when considering each application for the use of mechanical parking systems: Page 182 of 878 5 (a) Whether the scale of the proposed structure is compatible with the existing urban character of the surrounding neighborhood; (b) Whether the proposed use of mechanical parking results in an impr ovement of design characteristics and compatibility with the surrounding neighborhood and has demonstrated to the planning board how the scale, mass, volume and height of the building are reduced by the use of mechanical parking; (c) Whether the proposed use of mechanical parking does not result in an increase in density or intensity over what could be constructed with conventional parking; (d) Whether parking lifts or mechanisms are located inside, within a fully enclosed building, and not visible from e xterior view; (e) In cases where mechanical parking lifts are used for self -parking in multifamily residential buildings; whether approval is conditioned upon the proper restrictive covenant being provided limiting the use of each lift to the same unit owner; (f) In cases where mechanical parking lifts are used for valet parking; whether approval is conditioned upon the proper restrictive covenant being provided stipulating that a valet service or operator must be provided for such parking for so long as the use continues; (g) Whether a traffic study has been provided that details the ingress, egress and circulation within the mechanical parking facility, and the technical and staffing requirements necessary to ensure that the proposed mechanical parking system does not cause excessive stacking, waiting, or backups onto the public right-of-way; (h) Whether a proposed operations plan, including hours of operation, number of employees, maintenance requirements, noise specifications, and emergency procedures, has been provided; (i) In cases where the proposed facility includes accessory uses in additio n to the parking garage, whether the accessory uses are in proportion to the facility as a whole, and delivery of merchandise and removal of refuse, and any additional impacts upon the surrounding neighborhood created by the scale and intensity of the prop osed accessory uses, are adequately addressed; (j) Whether the proximity of the proposed facility to similar size structures and to residential uses creates adverse impacts and how such impacts are mitigated; (k) Whether a cumulative effect from the prop osed facility with adjacent and nearby structures arises, and how such cumulative effect will be addressed; (5) Mechanical parking devices, robotic parking systems and/or vehicle elevators must also satisfy the following conditions: (a) The noise or vibr ation from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to or felt by any individual standing outside an apartment or hotel unit at any adjacent or nearby property. In addition, noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; Page 183 of 878 6 (b) For mechanical lifts, the parking lift platform must be fully load -bearing, and must be sealed and of a suffic ient width and length to prevent dripping liquids or debris onto the vehicle below; (c) All free-standing mechanical parking lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; robotic garages and vehicle elevators must have backup generators sufficient to power the system; (d) All mechanical lifts must be designed to prevent lowe ring of the lift when a vehicle is parked below the lift; (e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11 feet by six inches; (f) All mechanical parking systems, including lifts, elevator s and robotic systems, must be inspected and certified as safe and in good working order by a licensed mechanical engineer at least once per year and the findings of the inspection shall be summarized in a report signed by the same licensed mechanical engineer or firm. Such report shall be furnished to the planning director and the building official; and (g) All parking lifts shall be maintained and kept in good working order. (6) The proposed use of mechanical parking systems, including mechanical parking lifts, robotic parking systems or vehicular elevators, for any type of development or improvement, including, but not limited to, vehicle storage, whether proposed under the provisions of section 130-38, or any other section of the City Code, shall requir e compliance with the provisions of subsections 130 -38(4) and 130-38(5), and, with the exception of mechanical parking used to provide parking on a property containing less than 20 units, shall require the review and approval of the planning board, pursuan t to the conditional use process in chapter 118, article IV of the Code. SECTION 4. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 5. 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 re-numbered or re-lettered to accomplish such intention; and that the word “ordinance” may be changed to “section” or other appropriate word. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Page 184 of 878 7 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _____ day of ___________, 2017. __________________________________ Philip Levine Mayor ATTEST: __________________________________ Rafael E. Granado City Clerk Underline denotes additions Strike through denotes deletions First Reading: _________________, 2017 Second Reading: _________________, 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director T:\AGENDA\2017\2 - February\Planning\Ref to PB and LUDC -RM-1+RM-2 Parking- ORD.docx Page 185 of 878 Commission Committe e Assignme nts - C4 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNI NG BOARD - ORDINANCE AMENDMENT PERTAI NING TO MAXIMUM BUILDI NG HEIGHTS I N COMMERCI AL ZONING DI STRICTS AND ALLOWABLE HEIGHT EXCEPTI ONS. RECOMMENDATION Refer the proposed Draft Ordinance Amendment to the Land Use and Development Committee (LUDC) and Planning Board for consideration and recommendation. ANALY SIS HISTORY On January 17, 2016, the Mayor ’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item. ANALY SIS In an effort to mitigate the effects of Climate Change and Sea Level Rise, the City has adopted regulations related to the Base Flood Elevation (BFE) and City of Miami Beach Freeboard to encourage the ground floor of new buildings to be developed at a higher elevation. In addition, the City is raising the levels of roads and sidewalks to ensure that they remain dry and passable. However, until such time that the roadways are raised, there is a transitional period in which the sidewalk and ground floor would be located at different elevations. This poses an issue for commercial buildings which may rely on customers passing by the sidewalk and being drawn in by the view of the commercial uses inside. As a result of the issue described above, the attached Ordinance Amendment would allow for buildings in commercial districts to be developed with an additional ten (10) feet of height, provided the ground floor is a minimum of 18 feet high with the review and approval of the Design Review Board or Historic Preservation Board, as applicable. This would allow for the ground floor to be placed at a lower level, while providing sufficient ceiling height for the ground floor to be raised at such time when roadways and sidewalks are raised. Additionally, the proposal amends and expands allowable height exceptions for sustainable roofing Page 186 of 878 systems and alternative forms of energy. This includes, but is not limited to, solar roof, blue roof, white roof, cool roof, green roof, and rooftop farming roofing system, along with solar panels, wind turbines, and other alternative energy fixtures as allowable height exceptions in all districts except single-family districts. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draft ordinance amendment to the Land Use and Development Committee and Planning Board. Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman & Vice-Mayor Joy Malakoff ATTACHMENTS: Description Referral Ordinance (Draft) Page 187 of 878 COMMERCIAL HEIGHT STANDARDS ORDINANCE NO. _______ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” BY AMENDING SECTION 114-1, “DEFINITIONS,” AND BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,”, ARTICLE II, “DISTRICT REGULATIONS", BY AMENDING DIVISION 4 , "CD-1, COMMERCIAL, LOW-INTENSITY DISTRICT," SECTION 142-276, “DEVELOPMENT REGULATIONS, AND DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142-306, “DEVELOPEMENT REGULATIONS,” AND DIVISION 6 , "CD-3, COMMERCIAL, HIGH-INTENSITY DISTRICT, "SECTION 142-336, “DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,” AND DIVISION 13, "MXE, MIXED USE ENTERTAINMENT DISTRICT," SECTION 142-545, “DEVELOPMENT REGULATIONS,” AND DIVISION 18, "PS, PERFORMANCE STANDARD DISTRICT," SECTION 142- 698, “COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS,” TO MODIFY ALLOWABLE HEIGHTS FOR THE PURPOSE OF SEA-LEVEL RISE MITIGATION; AND BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, “HEIGHT REGULATION EXCEPTIONS,” TO ALLOW FOR SOLAR PANELS, WIND TURBINE AND SUSTAINABLE ROOFING SYSTEMS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the City; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Miami Beach recognizes Sea level rise and it responsibility to the citizens to adapt to meet those needs; and WHEREAS, the City of Miami Beach understands how important it is to build resilient buildings that will be able to survive Sea Level Rise; and WHEREAS, to mitigate the impacts of Climate Change the City must allow for the residents and buildings to reduce their vulnerability; and WHEREAS, the City of Miami Beach understands that to combat the harmful effects of Climate Change, Local Municipalities are the front line of adaptation and must if there is no example to follow; and Page 188 of 878 2 WHEREAS, it is in the best interest of the City to promote the economic environmental health in the City through sustainable and environmentally friendly design and construction which reduces demand for energy and reduces greenhouse gas emissions; and WHEREAS, studies have indicated that green buildings have lower maintenance costs associated with low energy consumption, which will improve the City’s long-term economic well-being; and WHEREAS, it is in the interest of the health, safety and welfare of the residents of the City to ensure sustainable construction and to ensure that the City safeguard natural resources and ensure that efficient buildings are constructed; 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. Amending Chapter 114 of the City Code, entitled “General Provisions,” Section 114-11, “Definitions,” of the Land Development Regulations, is hereby amended to read as follows: Chapter 114 – GENERAL PROVISIONS Sec. 114-1 – Definitions Blue roof means a non-vegetated source control to detain storm-water. A blue roof slows or stores storm-water runoff by using various kinds of flow controls that regulate, block, or store water instead of vegetation. * * * Cool roof see white roof * * * Green roof means a green space created by layers of growing medium and vegetation added on top of a traditional roofing system. It may also include additional layers such as a root barrier and drainage and irrigation systems. * * * Height of building means the vertical distance from the lowest floor according to the following, as applicable: (a) When the minimum finished floor elevation is located between grade and base flood elevation plus "City of Miami Beach Freeboard", height shall be measured from the minimum finished floor elevation to the highest point of the roof; Page 189 of 878 3 (b) When the minimum finished floor elevation in located above the base flood elevation plus Freeboard, height shall be measured from the base flood elevation plus Freeboard. The highest point of a roof is as follows: 1. The highest point of a flat roof; 2. The deck line of a mansard roof; 3. The average height between eaves and ridge for gable hip and gambrel roofs; or 4. The average height between high and low points for a shed roof. (c) As all rights-of-way have not yet been elevated, fFor commercial properties, height shall be measured from the base flood elevation, plus freeboard, provided that the height of the first floor shall be tall enough to allow the first floor to eventually be elevated to base flood elevation, plus minimum freeboard, with a future minimum interior height of at least ten (10) feet once the adjacent right-of-way is elevated as provided under the City's Public Works Manual. * * * Roof top farm means a garden on the roof of a building, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, recreational opportunities, and in large scale it may even have ecological benefits. * * * White roof means a roof that has been painted white or is surfaced with some other light or reflective material. * * * SECTION 2. Amending Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article II. “District Requirements,” Section 142-276, “Development Regulations,” of the Land Development Regulations, is hereby amended to read as follows: Chapter 142 - ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. - SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 4. – CD-1 COMMERCIAL, LOW INTENSITY DISTRICT * * * Page 190 of 878 4 Sec. 142-276. - Development regulations. The development regulations in the CD-1 commercial, low intensity district are as follows: Maximum Building Height (Feet) 40 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet * * * DIVISION 5. – CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT * * * Sec. 142-306. - Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: Maximum Building Height (Feet) 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet * * * DIVISION 6. – CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT * * * Sec. 142-337. - Development regulations and area requirements. (a) The development regulations in the CD-3 commercial, high intensity district are as follows: Page 191 of 878 5 (1) Max FAR: Lot area equal to or less than 45,000 sq. ft.—2.25; Lot area greater than 45,000 sq. ft.—2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.—3.0. (2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0. (3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and between 16th Street and 17th Street shall have a maximum FAR of 2.75. (4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 sq. ft. with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 sq. ft. (b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the architectural district shall be 2.50. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet * * * DIVISION 13. – MXE MIXED USE ENTERTAINMENT DISTRICT * * * Sec. 142-545. - Development regulations. The development regulations in the MXE mixed use entertainment district are as follows: Maximum Building Height (Feet) 75 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet. * * * DIVISION 18. – PS PERFORMANCE STANDARD DISTRICT * * * Page 192 of 878 6 Sec. 142-698. – Commercial Performance standard area requirements. (b)The commercial performance standard area requirements are as follows: C-PS1 Maximum Building Height 40 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet. C-PS2 Maximum Building Height 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet. C-PS3 Maximum Building Height 80 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet. C-PS4 Maximum Building Height 150 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet, provided the first story has a minimum height of 18 feet. Page 193 of 878 7 SECTION 3. Amending Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article IV, “Supplementary District Regulations,” Division 5, “Height Regulations,” Section 142-1161, “Height Regulation Exceptions,” of the Land Development Regulations, is hereby amended to read as follows: * * * DIVISION 5. – HEIGHT REGULATIONS Sec. 142-1161. - Height regulation exceptions. For all districts, except RS-1, 2, 3 and 4 (single-family residential districts). (a) The height regulations as prescribed in these land development regulations shall not apply to the following when located on the roof of a structure or attached to the main structure. For exceptions to the single-family residential districts, see subsection 142-105(e). (1) Air conditioning, ventilation, electrical, plumbing equipment or equipment rooms. (2) Chimneys and air vents. (3) Decks, not to exceed three feet above the main roofline and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below. (4) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. (5) Elevator bulkheads or elevator mechanical rooms. (6) Flagpoles subject to the provisions of section 138-72. (7) Parapet walls, not to exceed three and one-half feet above the main roofline unless otherwise approved by the design review board up to a maximum of 25 feet in height. (8) Planters, not to exceed three feet in height above the main roofline. (9) Radio, television, and cellular telephone towers or antennas, and rooftop wind turbines. (10) Stairwell bulkheads. (11) Skylights, not to exceed five feet above the main roofline. (12) Stage towers or scenery lofts for theaters. (13) Swimming pools, whirlpools or similar structures, which shall have a four- foot wide walkway surrounding such structures, not to exceed five feet above the main roofline. (14) Trellis, pergolas or similar structures that have an open roof of cross rafters or latticework. (15) Water towers. Page 194 of 878 8 (16) Bathrooms required by the Florida Building Code, not to exceed the minimum size dimensions required under the Building Code, provided such bathrooms are not visible when viewed at eye level (five feet, six inches from grade) from the opposite side of the adjacent right-of-way; for corner properties. Such bathrooms shall also not be visible when viewed at eye level (five feet, six inches from grade) from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side street right-of-way. (17) Solar Panels, wind turbines and other alternative energy fixtures. (18) Sustainable roofing systems. (b) The height of all allowable items in subsection (a) of this section, unless otherwise specified, shall not exceed 25 feet above the height of the roofline of the main structure. With the exception of items described in subsection (a)(17) of this section, when any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flagpoles which are subject to section 138-72). (c) Notwithstanding other provisions of these regulations, the height of all structures and natural growth shall be limited by the requirements of the Federal Aviation Agency and any airport zoning regulations applicable to structure and natural growth. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. 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 re-numbered or re-lettered to accomplish such intention; and that the word “ordinance” may be changed to “section” or other appropriate word. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 10 days after adoption. PASSED and ADOPTED this _____ day of ___________ 2017. __________________________________ MAYOR ATTEST: ___________________________ Page 195 of 878 9 CITY CLERK APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION ________________________________ City Attorney Date First Reading: _______________, 2017 Second Reading: ______________, 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2017\2 - February\Planning\Ref to PB and LUDC- Commercial Height Standards-ORD.docx Page 196 of 878 Commission Committe e Assignme nts - C4 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNI NG BOARD - ORDINANCE AMENDMENT PERTAI NING TO ROOF REPLACEMENTS AND ROOF MATERIALS. RECOMMENDATION Refer the proposed Draft Ordinance Amendment to the Land Use and Development Committee (LUDC) and Planning Board for consideration and recommendation. ANALY SIS HISTORY On January 17, 2016, the Mayor ’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item. ANALY SIS Several innovative roofing systems are being developed to improve the sustainability of buildings. These include solar roofs, which allow for the generation of electricity; blue roofs, which improve stormwater retention and treatment; white/cool roofs, which reflect sunlight and reduce the heat island effect; green roofs, which provide vegetation and irrigation to reduce heat island effect, and improve stormwater retention; and rooftop farming systems which for food growth. T he proposed ordinance amendment allows for the use of sustainable roofing systems for roof replacement. Additionally, the proposed ordinance expands the use of energy efficient roofing systems, such as standing seam metal, and prohibits the use of asphalt shingles which typically absorb heat and increase the urban heat island effect and surrounding temperatures. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draft ordinance amendment to the Land Use and Development Committee and Planning Board. Page 197 of 878 Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman & Vice-Mayor Joy Malakoff ATTACHMENTS: Description Referral Ordinance (Draft) Page 198 of 878 SUSTAINABLE ROOFING ORDINANCE NO. _______ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” BY AMENDING SECTION 114-1, “DEFINITIONS,” AND BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,”, ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING DIVISION 1, " GENERALLY," SECTION 142-875, “ROOF REPLACEMENTS AND NEW ROOFS,” PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the City; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Miami Beach recognizes Sea level rise and it responsibility to the citizens to adapt to meet those needs; and WHEREAS, the City of Miami Beach understands how important it is to build resilient buildings that will be able to survive Sea Level Rise; and WHEREAS, to mitigate the impacts of Climate Change the City must allow for the residents and buildings to reduce their vulnerability; and WHEREAS, the City of Miami Beach understands that to combat the harmful effects of Climate Change, Local Municipalities are the front line of adaptation and must if there is no example to follow; and WHEREAS, it is in the best interest of the City to promote the economic environmental health in the City through sustainable and environmentally friendly design and construction which reduces demand for energy and reduces greenhouse gas emissions; and WHEREAS, studies have indicated that green buildings have lower maintenance costs associated with low energy consumption, which will improve the City’s long-term economic well- being; and WHEREAS, it is in the interest of the health, safety and welfare of the residents of the City to ensure sustainable construction and to ensure that the City safeguard natural resources and ensure that efficient buildings are constructed; 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: Page 199 of 878 SECTION 1. Amending Chapter 114 of the City Code, entitled “General Provisions,” Section 114-11, “Definitions,” of the Land Development Regulations, is hereby amended to read as follows: Chapter 114 – GENERAL PROVISIONS Sec. 114-1 – Definitions * * * Sustainable roofing system means a solar roof, blue roof, white roof, cool roof, green roof, rooftop farming roofing system, or any other roofing system recognized by a green building certification agency that reduces heat island effect, allows for the reuse or retention of stormwater or reduces greenhouse gases. SECTION 2. Amending Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” Article IV. “Supplementary District Regulations,” Division 1, “Generally, Section 142-875, “Roof replacements and new roofs,” of the Land Development Regulations, is hereby amended to read as follows: Chapter 142 - ZONING DISTRICTS AND REGULATIONS * * * ARTICLE IV. - SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. – GENERALLY * * * Sec. 142-875. - Roof replacements and new roofs. (a) In all districts, except locally designated historic districts, sites or structures, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete or, clay or ceramic material. Asphalt shingles shall be prohibited. (b) For properties located outside of a locally designated historic district, site or structure, metal, glass or sustainable roofing systems may be proposed for new construction, existing multifamily and townhome structures, existing commercial buildings, single- family homes constructed after 1942, and nonarchitecturally significant single-family homes constructed prior to 1942, and shall be subject to the review and approval of the planning department, in accordance with the following criteria: (1) In single-family residential districts, the style, design and material used for the main structure and all accessory structures shall be compatible when located on the same property. (2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out in a significant manner. Page 200 of 878 (3) The design, details, dimensions, surface texture and color shall be consistent with the architectural design, style and composition of the structure. (4) The design, details, dimensions, surface texture and color shall be consistent with the established scale, context and character of the surrounding area. (5) Asphalt shingles shall be prohibited. (c) For architecturally significant single-family homes constructed prior to 1942, the planning director, or designee, may approve a metal, glass or sustainable roofing system if it is determined that the scale, massing and design of the subject home can accommodate a metal, glass or sustainable roofing system, and that the metal or glass such roofing system will not negatively impact the established architectural context of the immediate area. Such review by the planning director, or designee, shall be subject to the criteria in subsections (a) (b)(1)—(4) above. (d) The appeal of any decision of the planning department under subsections (a), and (b) or (c) above, shall be to the design review board, board of adjustment in accordance with chapter 118, article VIII of these land development regulations. The review by the design review board, board of adjustment, either by appeal or if the metal, glass or sustainable roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (a) (b) (1)—(4) above. (e) Within any locally designated historic district, site or structure, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete, clay or ceramic material. T the following shall apply: (1) The use of metal, glass or sustainable roofing systems on new construction shall require the review and approval of the historic preservation board, in accordance with the criteria in subsections (a) (b) (1)—(4) above, and chapter 118, article X of these land development regulations. For non-contributing buildings, or if new construction is eligible for administrative review under Chapter 118, Article X of the Land Development Regulations, the planning director, or designee, may approve a metal, glass or sustainable roofing system if it is determined that the scale, massing and design of the proposed new structure can accommodate a metal, glass or sustainable roofing system, and that such roofing system will not negatively impact the established architectural context of the immediate area. Such review by the planning director, or designee, shall be subject to the criteria in subsections (b)(1)—(4) above. (2) Metal, glass or sustainable roofing systems shall not be permitted on proposed for contributing buildings shall require the review and approval of the historic preservation board, in accordance with the criteria in subsections (b) (1)—(4) above, and chapter 118, article X of these land development regulations. except as hereinafter provided. Within all zoning districts, except single-family districts, and subject to the approval of the historic preservation board, metal or glass roofing systems may be permitted on roof-top additions to contributing buildings, subject to the criteria in subsections (a)(1)—(4) above, and chapter 118, article X of these land development regulations, provided the metal or glass roofing system is not visible when viewed at eye level (five feet, six inches from grade) from the opposite side of the adjacent right-of-way; for corner properties, the metal or glass roofing system shall also not be visible when viewed at eye level from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side street right-of- way. The use of metal or glass roofing systems on existing noncontributing structures may be reviewed and approved by the planning director, or designee, in accordance with the criteria in subsections (a)(1)—(4) above, and chapter 118, article X of these land development regulations, if it is determined that the scale, massing and design of an existing noncontributing structure can accommodate a metal or glass roofing Page 201 of 878 system, and that such metal or glass roofing system will not negatively impact the established historic and architectural context of the immediate area. (3) The appeal of any decision of the planning director, or designee department under this subsection shall be to the historic preservation board of adjustment. The review by the historic preservation board of adjustment, either by appeal or if the metal, glass or sustainable roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (a)(b)(1)—(4) above and section 118-564. (f) Notwithstanding the above, for those structures constructed and substantially maintained in the Mediterranean revival or mission style of architecture, only the use of roof material other than concrete, clay or ceramic tile may be utilized shall be subject to the review and approval of the design review board or historic preservation board, as applicable. For purposes of this subsection, Mediterranean revival or mission architecture shall be defined as those structures built between 1915 through 1942 and characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements. (g) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted for a pitched roof in any district, such roof may be replaced with the same material, subject to the criteria in subsection (a) above. (h) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and preserved, subject to the provisions of the applicable building codes. (i) No variances from any of these provisions shall be granted. However, in the event that the building official determines that limitations exist regarding the load capacity of an existing roof, a roofing material other than concrete, clay or ceramic tile may be approved by the planning department for any type of structure, in accordance with the criteria specified in subsections 142-875(a)(b)(1)—(4) above. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. 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 re-numbered or re-lettered to accomplish such intention; and that the word “ordinance” may be changed to “section” or other appropriate word. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 10 days after adoption. PASSED and ADOPTED this _____ day of ___________ 2017. __________________________________ Page 202 of 878 MAYOR ATTEST: ___________________________ CITY CLERK APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION ________________________________ City Attorney Date First Reading: _______________, 2017 Second Reading: ______________, 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2017\2 - February\Planning\Ref to PB and LUDC- Sustainable Roofing-ORD.docx Page 203 of 878 Commission Committe e Assignme nts - C4 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNI NG BOARD - ORDI NANCE AMENDMENT PERTAINI NG TO NONCONFORMI NG BUILDINGS. RECOMMENDATION Refer the proposed Draft Ordinance Amendment to the Land Use and Development Committee and Planning Board for consideration and recommendation. ANALY SIS HISTORY On January 17, 2016, the Mayor ’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item. ANALY SIS Section 118-395 defines the procedures for the retention of nonconforming structures that are being renovated. The section has several requirements for existing structures undergoing a renovation that exceeds 50% of the value of the structure, in order to maintain nonconforming development attributes such as floor area, height, setbacks, and parking credits. In order to encourage buildings undergoing a renovation of more than 50% of the value of the building to become more sustainable, the proposed ordinance would allow for additional flexibility in the portions of the building that must be maintained in order to maintain nonconforming floor area, height, setbacks, and parking credits, while establishing additional sustainability and resiliency requirements. The proposal would modify the requirements for the maintenance of nonconforming floor area, height, setbacks, and parking credits as follows: · Additional flexibility would apply to buildings undergoing such a renovation and located within a designated historic district or for an historic site as follows: The existing structure's floor area may remain or be relocated within the building, and the existing height, setbacks and any existing parking credits may remain if the following portions of the building remain substantially intact, and are retained, preserved and restored: Page 204 of 878 i. At least 75 percent of the front and street side facades; walls, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls, exclusive of window openings; and iv. All architecturally significant public interiors. · Additional flexibility would apply to buildings undergoing such a renovation and NOT located within a designated historic district or for an historic site as follows: Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, may retain the existing floor area ratio, height, setbacks and parking credits, or relocate existing floor area within the building, if the following portions of the building remain substantially intact and are retained, preserved and restored: i. At least 75 percent of the front and street side facades, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. At least 50 percent of all upper level floor plates; and iv. At least 50 percent of the interior side walls, exclusive of window openings. The ordinance would also require buildings undergoing such a renovation to be subject to the Sustainability and Resiliency Requirements of Chapter 133 of the City Code with modifications. It would require that existing buildings located within an historic district or site pay become a minimum of LEED Certified or require the payment of a fee of two percent (2%) of the construction value, while buildings being replicated would be subject to the full requirements of Chapter 133, which requires a minimum of LEED Gold Certification or require the payment of a fee of five percent (5%) of construction value. Outside of an historic district or site, architecturally significant, pre-1965 buildings would be required to be a minimum LEED Silver Certified or require the payment of a fee of three percent (3%) of the construction value; while those constructed in 1965 or after or that are not architecturally significant would be subject of the full requirements of Chapter 133. As part of the committee and board review process, input from the City Attorney will be required, specifically as it pertains to the relocation of existing FAR. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draft ordinance amendment to the Land Use and Development Committee and Planning Board. Legislative Tracking Planning Sponsor Commissioners John Elizabeth Aleman and Joy Malakoff ATTACHMENTS: Description Page 205 of 878 Referral Ordinance (Draft) Page 206 of 878 Page 1 NONCONFORMING BUILDINGS SUSTAINABILITY INCENTIVES ORDINANCE NO. _______________ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES,” TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHERAS, the Mayor’s Blue Ribbon Panel on Flooding & Sea Level Rise has recommended that the nonconforming building regulations (as well as all related regulations) should be amended to address long term sustainability and resiliency city wide; and WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to nonconforming structures; and WHEREAS, the City of Miami Beach has adopted regulations pertaining to the maintenance and improvement of existing nonconforming structures and, WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance existing procedures and requirements for improvements to existing non-conforming structures in order to ensure that a substantial portion of any such structure is retained and preserved; 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. That Chapter 118, Entitled "Administration and Review Procedures", Article IX, Entitled "Nonconformances", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: * * * Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses. * * * Page 207 of 878 Page 2 (b) Nonconforming buildings. (1) Nonconforming buildings which are repaired or rehabilitated by less than fifty (50) percent of the value of the building as determined by the building official shall be subject to the following conditions: a. Repaired or rehabilitated residential and/or hotel units shall meet the minimum unit size requirements as set forth for the zoning district in which the property is located. The number of units in the building shall not be increased. ab. The building shall have previously been issued a certificate of use, certificate of completion, certificate of occupancy or occupational license by the city to reflect its current use. bc. Such repairs or rehabilitation shall meet the requirements of the city property maintenance standards, the applicable Florida Building Code, and the Fire Safety Code. cd. If located within a designated historic district, or an historic site, the repairs or rehabilitations shall comply substantially with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, as amended, as well as the certificate of appropriateness criteria in Article X of these Land Development Regulations. If the repair or rehabilitation of a contributing structure conflicts with any of these regulations, the property owner shall seek relief from the applicable building or Fire Safety Code. de. Any new construction shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of balconies may be permitted up to the height of the highest habitable floor for a building non-conforming in height, provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official shall be subject to the following conditions: a. All residential and hotel units shall meet the minimum and average unit size requirements for rehabilitated buildings as set forth in the zoning district in which the property is located. b. The entire building and any new construction shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. c. The entire building and aAny new construction shall comply with the current development regulations in the zoning district in which the property is located. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. d. Development regulations for buildings located within a designated historic district or for an historic site: 1. The existing structure's floor area may remain or be relocated within the building, and the existing height, setbacks and any existing parking credits may remain if the following portions of the building remain substantially intact, and are retained, preserved and restored: Page 208 of 878 Page 3 i. At least 75 percent of the front and street side facades; walls, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls, exclusive of window openings; and iv. All architecturally significant public interiors. 2. For the replication or restoration of contributing buildings, but not for noncontributing buildings, the historic preservation board may, at their discretion, waive the requirements of subsection(b)(2)d.1. above, and allow for the retention or replication of the existing structure's floor area, height, setbacks or parking credits, if at least one of the following criteria is satisfied, as determined by the historic preservation board: i. The structure is architecturally significant in terms of design, scale, or massing; ii. The structure embodies a distinctive style that is unique to Miami Beach or the historic district in which it is located; iii. The structure is associated with the life or events of significant persons in the city; iv. The structure represents the outstanding work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; v. The structure has yielded or is likely to yield information important in prehistory or history; or vi. The structure is listed in the National Register of Historic Places. Notwithstanding the above, for buildings over three stories in height, at least 75 percent of the front facade and 75 percent of any architecturally significant portions of the street side facades shall be retained and preserved, in order to retain or replicate any non-conforming floor area, height, setbacks or parking credits. If the historic preservation board does not waive the requirements of subsection (b)(2)d.1. above for any reason, including the inability of a reconstructed building to meet the requirements of the applicable building code, any new structure shall be required to meet all current development regulations for the zoning district in which the property is located. 3. The building shall comply substantially with the secretary of interior standards for rehabilitation and guidelines for rehabilitating historic structures, as amended, as well as the certificate of appropriateness criteria in Article X of these Land Development Regulations. 4. If the repair or rehabilitation of a contributing structure or historic site conflicts with any of the requirements (as amended) in the applicable Florida Building Code or the Life Safety Code, the property owner shall seek relief from such code. 5. Regardless of its classification on the Miami Beach Historic Properties database, a building may be re-classified as contributing by the historic preservation board if it meets the relevant criteria set forth in the City Code. 6. Contributing structures shall be subject to all requirements in section 118-503 of these Land Development Regulations. 7. The existing building shall comply with the sustainability and resiliency requirements for new construction of Chapter 133; however, notwithstanding the requirements in Chapter 133, for such buildings, the Sustainability Fee Page 209 of 878 Page 4 shall be valued at two (2) percent the of the total construction valuation of the building permit and the certification compliance schedule in section 133-6 (a) shall be revised as follows: Certification Compliance Schedule Level of Certification Achieved Sustainability Fee Reimbursement to Participant for Meeting Certain Green Building Certification Levels Failure to obtain Certification 0% refund of bond or payment of Sustainability fee LEED Certified 100% refund of bond or payment of Sustainability fee LEED Silver Certified 100% refund of bond or payment of Sustainability fee LEED Gold Certified or International Living Future Institute Petals or Net Zero Energy Certified 100% refund of bond or payment of Sustainability fee LEED Platinum Certified or International Living Future Institute Living Building Challenge Certified 100% refund of bond or payment of Sustainability fee 8. Replicated buildings shall be subject to the sustainability and resiliency requirements for new construction of Chapter 133. e. Development regulations for buildings not located within a designated historic district and not an historic site. 1. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, may retain the existing floor area ratio, height, setbacks and parking credits, or relocate existing floor area within the building, if the following portions of the building remain substantially intact and are retained, preserved and restored: i. At least 75 percent of the front and street side facades, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. At least 50 percent of all upper level floor plates; and iv. At least 50 percent of the interior side walls, exclusive of window openings. 2. For buildings satisfying the above criteria, and whose lot size is less than 20,000 square feet, the parking impact fee program may be utilized, provided that all repairs and rehabilitations, and any new additions or new construction is approved by the design review board and that any existing, required parking, that is conforming, shall not be removed. 3. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, shall comply with the sustainability and resiliency requirements for new construction of Chapter 133; however, notwithstanding the requirements in Chapter 133, for such buildings, the Sustainability Fee shall be valued at three (3) percent the of the total Page 210 of 878 Page 5 construction valuation of the building permit and the certification compliance schedule in section 133-6 (a) shall be revised as follows: Certification Compliance Schedule Level of Certification Achieved Sustainability Fee Reimbursement to Participant for Meeting Certain Green Building Certification Levels Failure to obtain Certification 0% refund of bond or payment of Sustainability fee LEED Certified 75% refund of bond or payment of Sustainability fee LEED Silver Certified 100% refund of bond or payment of Sustainability fee LEED Gold Certified or International Living Future Institute Petals or Net Zero Energy Certified 100% refund of bond or payment of Sustainability fee LEED Platinum Certified or International Living Future Institute Living Building Challenge Certified 100% refund of bond or payment of Sustainability fee 4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined by the planning director, or designee not to be architecturally significant, shall be subject to the sustainability and resiliency requirements for new construction of Chapter 133. 35. For purposes of this subsection, the planning director, or designee shall make a determination as to whether a building is architecturally significant according to the following criteria: i. The subject structure is characteristic of a specific architectural style constructed in the city prior to 1965, including, but not limited to, vernacular, Mediterranean revival, art deco, streamline moderne, post- war modern, or variations thereof; ii. The exterior of the structure is recognizable as an example of its style and/or period, and its architectural design integrity has not been modified in an irreversible manner; and iii. Exterior architectural characteristics, features, or details of the subject structure remain intact. A property owner may appeal any determination of the planning director, or designee relative to the architectural significance of a building constructed prior to 1965 to the design review board, in accordance with the requirements and procedures set forth in article VI herein. 4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined by the planning director, or designee not to be architecturally significant, shall be subject to the regulations set forth in subsection (b)(2)a—c herein. 5. If there is a change in use, a building shall receive no parking credits and must either provide the required parking on-site, or within 500 feet of the site, or pay a parking impact fee. Page 211 of 878 Page 6 f. Any new construction identified in subsections d. and e., above, shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of the highest habitable floor for a building nonconforming in height, provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (3) There shall be no variances from any of the provisions herein pertaining to maximum floor area ratio and to parking credits. (4) Single-family homes shall be treated the same as other buildings, in determining when an existing structures lot coverage, height and setbacks may remain. (5) Notwithstanding the foregoing, in the event of a catastrophic event, including, but not limited to, fire, tornado, tropical storm, hurricane, or other act of God, which results in the complete demolition of a building or damage to a building that exceeds 50 percent of the value of the building as determined by the building official, such building may be reconstructed, repaired or rehabilitated, and the structure's floor area, height, setbacks and any existing parking credits may remain, if the conditions set forth in subsection (b)(1)a—d herein are met. (6) The foregoing regulations shall not apply to any building or structure located on city- owned property or rights-of-way, or property owned by the Miami Beach Redevelopment Agency. (7) Gasoline service stations. a. Notwithstanding the foregoing provisions, a nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, and which has been damaged, repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official pursuant to the standards set forth in the Florida Building Code may be repaired or rehabilitated, if the following conditions are met: 1. The entire building and any new addition shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. 2. The entire building and any new addition shall comply with the current development regulations in the zoning district in which the property is located, including, but not limited to all landscape requirements. New monument-style signs shall be required. Pole signs shall be prohibited. 3. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. b. Necessary repairs to add an emergency electrical generator and related facilities to a nonconforming gasoline service station shall be permitted. c. A nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, may add new floor area (other than floor area strictly necessary to house an emergency electrical generator and related facilities), or convert existing floor area or land, to add new accessory uses, such as a convenience sales area or a car wash, subject to conditional use approval, notwithstanding the nonconforming status of the gasoline service station. Page 212 of 878 Page 7 Sec. 118-396. - Intermittent or illegal uses. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of nonconforming use on a part of a lot or tract shall not be sufficient to establish a nonconforming use on the entire lot or tract. Sec. 118-397. - Existence of a nonconforming building or use. (a) The planning and zoning director shall make a determination as to the existence of a nonconforming use or building and in so doing may make use of affidavits and investigation in addition to the data presented on the city's building card, occupational license or any other official record of the city. (b) The question as to whether a nonconforming use or building exists shall be a question of fact and in case of doubt or challenge raised to the determination made by the planning and zoning director, the question shall be decided by appeal to the board of adjustment after public notice and hearing and in accordance with the procedures set forth in section 118- 134. In making the determination the board may require certain improvements that are necessary to insure that the nonconforming use or building will not have a negative impact on the neighborhood. Sec. 118-398. - Building nonconforming in height, density, parking, floor area ratio or bulk. Except as provided in chapter 118, article IX, herein, a nonconforming building shall not be altered or extended, unless such alteration or extension decreases the degree of nonconformity but in no instance shall the floor area requirements of any unit which is being altered or extended be less than the required floor area set forth in the applicable zoning district. SECTION 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. 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 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 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _____ day of ___________, 2017. __________________________ Philip Levine, Mayor Page 213 of 878 Page 8 ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION _________________________ City Attorney Date First Reading: , 2017 Second Reading: , 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director F:\PLAN\$ALL\BRP SLR\ARTICLE_IX.___NONCONFORMANCES.docx Page 214 of 878 Commission Committe e Assignme nts - C4 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE PLANNING BOARD: ORDI NANCE AND COMP PLAN AMENDMENT FOR RE-ZONING OF 600 BLOCK OF WASHINGTON AVENUE. RECOMMENDATION Refer the proposed Ordinance and Comprehensive Plan Amendments to the Planning Board for consideration and recommendation. ANALY SIS HISTORY On November 9, 2016, at the request of Commissioner Michael Grieco, the City Commission referred this item to the Land Use and Development Committee (Item C4E). On December 12, 2016 the Land Use Committee discussed the item and recommended that the City Commission refer a rezoning ordinance and comprehensive plan amendment to the Planning Board for consideration. PLANNING ANALYSIS The proposed ordinance and comprehensive plan amendment would re-zone the west side of the 600 block of Washington Avenue from the current RM-2, Residential Multi-Family Medium Intensity to CD-2, Commercial Medium Intensity. T he re-zoning was requested by a property owner in the 600 block of Washington Avenue, in order to be able to have more flexibility with future accessory uses. CONCLUSION Pursuant to the recommendation of the Land Use and Development Committee, the Administration recommends that the Mayor and the City Commission refer the attached draft ordinance and comprehensive plan amendment to the Planning Board. Legislative Tracking Planning Sponsor Commissioner Michael Grieco Page 215 of 878 ATTACHMENTS: Description Ordinance - Comp Plan Amendment Ordinance - Rezoning Amendment Page 216 of 878 Comprehensive Plan Amendment-WEST 600 BLOCK OF WASHINGTON AVE ORDINANCE NO. ---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ON THE WEST PORTION OF THE 600 BLOCK OF WASHINGTON AVENUE, FROM THE CURRENT DESIGNATION OF RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO THE PROPOSED DESIGNATION OF CD-2, "COMMERCIAL, MEDIUM INTENSITY"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach continues to seek and encourage economic development of Washington Avenue; and WHEREAS, changing the comprehensive plan designations of the subject parcels as provided herein is necessary to ensure the development of the sites will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the western portion of the 600 block of Washington Avenue is the only privately owned block of Washington Avenue between 5th Street and 16th Street that is not already designated CD-2; and WHEREAS, the City of Miami Beach has determined that changing the designation of the subject parcels as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; 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. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT The following amendments to the designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the City's Future Land Use Map: A parcel of land generally located on the western portion of the 600 block of Washington Avenue, between 5th Street and 7th Street (Miami-Dade County Folio Nos. 02-4203-009-1720,' 02-4203-009-1710, 02-4203-009- 1690 and 02-4203-208-0001 ), as depicted in Exhibit "B," from the current RM-2 "Residential Multifamily, Medium Intensity," to the proposed zoning classification CD-2, "Commercial, Medium Intensity." Page 217 of 878 ~··,·· SECTION 2. REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN It is the intention of the City Commission that the Comprehensive Plan's Future Land Use Map be amended in accordance with the provisions of this Ordinance. SECTION 5. TRANSMITTAL The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 6. EFFECTIVE DATE This ordinance shall take effect 31 days after adoption pursuant to Section 163.3187(2), Florida Statutes. PASSED AND ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: Second Reading: Philip Levine, Mayor APPROVED AS TO FORM AND LANGUAGE , AN?{O~ EXECUTION d~t'·\"7__.11-\1 City Attorney Date Page 218 of 878 REZONING -WEST 600 BLOCK OF WASHINGTON AVE ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL WESTERN PORTION OF THE 600 BLOCK OF WASHINGTON AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO THE PROPOSED ZONING CLASSIFICATION OF CD-2, "COMMERCIAL, MEDIUM INTENSITY"; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach continues to seek and encourage economic development of Washington Avenue; and WHEREAS, changing the zoning classification of the subject parcels as provided herein is necessary to ensure the development of the sites will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the western portion of the 600 block of Washington Avenue is the only privately owned block of Washington Avenue between 5th Street and 15th Street that is not already zoned CD-2; and WHEREAS, the City of Miami Beach has determined that changing the zoning classification of the subject parcels as provided herein will ensure that new development is compatible with the built environment, and is in the best interest of the City; 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. ZONING MAP AMENDMENT The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: A parcel of land generally located on the western portion of the 600 block of Washington Avenue, between 5th Street and 7th Street (Miami-Dade County Folio Nos. 02-4203-009-1720, 02-4203-009-1710, 02-4203-009- 1690 and 02-4203-208-0001), as depicted in Exhibit "B," from the current RM-2 "Residential Multifamily, Medium Intensity," to the proposed zoning classification CD-2, "Commercial, Medium Intensity." Page 219 of 878 SECTION 2. REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If 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 City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the Future Land Use Map of the City's Comprehensive Plan. PASSED AND ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: Second Reading: Philip Levine, Mayor APPROVED AS TO FORM AND LANGUAGE ~ ~ct~OR EX~Cr~~~~f City Attorne~ Dat6 Page 220 of 878 Commission Committe e Assignme nts - C4 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE PLANNI NG BOARD - ORDI NANCE AMENDMENT PERTAINI NG TO MODIFI CATI ONS TO THE WEST AVENUE BAY FRONT OVERLAY. RECOMMENDATION Refer the proposed Ordinance Amendment to the Planning Board for consideration and recommendation. ANALY SIS HISTORY On November 9, 2016, at the request of Commissioner Joy Malakoff, the City Commission referred this item (item C4J) to the Land Use and Development Committee (LUDC). On November 16, 2016, the item was continued by the LUDC to a date certain of December 12, 2016. On December 12, 2016, the LUDC discussed the item and directed staff to prepare a draft Ordinance for the January 18, 2017 Land Use Committee meeting. On January 18, 2017, the Land Use Committee recommended that the attached ordinance be referred to the Planning Board for consideration. BACKGROUND In 2002, the West Avenue Bay Front Overlay was created, which includes properties lying within the RM-1, RM-2 and RM-3 zoning districts generally bounded by the Collins Canal on the north, the south side of 11th Street on the south, and between the centerline of Alton Court on the east and the Biscayne Bay on the west; this overlay also includes the boundaries of the Gilbert Fein Neighborhood Conservation District (NCD). At the time the overlay was established, hotels were a permitted use in the RM-2 and RM-3 districts within the overlay, but were not permitted in the RM-1 district. In order to incentivize the retention and adaptive re-use of the lower scale structures in the RM-1 district, the overlay allows for Suite Hotels and Bed and Breakfast Inns for existing structures in the area. Additionally, stand-alone residential offices were allowed within existing structures in the overlay. In 2013, the City Code was amended to prohibit hotels in the RM-2 and RM-3 areas of the West Avenue corridor. However, Sec 142-845 of the City Code was not amended, and Suite Hotels and Page 221 of 878 bed and Breakfast Inns remained as an allowable uses in existing buildings in all districts within the West Avenue Bay Front Overlay. Recently, residents within the West Avenue Bay Front Overlay area have expressed concerns with the conversions of existing apartment buildings into Suite Hotels, particularly in light of the prohibition on hotels adopted in 2013. Most of these concerns center on the possible abuses of the allowable accessory uses and the volume of guests when the suite hotels are used as ‘hostels,’ which the residents find to be incompatible with the low scale residential nature of the West Avenue Corridor. PLANNING ANALYSIS The following is the current ordinance text regarding Suite Hotels and Bed & Breakfast Inns within the West Avenue Bay Front Overlay: Sec. 142-845. - Sui tes Hotel and Bed and Breakfast Inn Overlay Area. (a) The Sui tes Hotel and Bed and Breakfast Inn Overl ay Area is desi gned to accommodate the adaptive reuse of existi ng si ngle-fami l y and mul ti -famil y residential structures as of (the effecti ve date of this ordi nance) to all ow for l odgi ng and guest ameni ti es as mai n permitted uses. (1) Sui tes hotels and bed breakfast i nns i n the Overl ay Area shal l not be permi tted to have dance hal l s, entertainment establ ishments, nei ghborhood impact establi shments, outdoor entertainment establi shments or open air entertainment establ ishments. (2) The buil di ng i denti fi cati on sign for a sui tes hotel or bed and breakfast i nn shal l be the same as all owed for an apartment bui l di ng i n the underlying zoning distri ct i n which i t i s l ocated. (3) The bui ldi ng(s) shal l have central ai r conditioni ng or fl ush-mounted wal l uni ts; however no air condi ti oning equi pment may face a street or the Bay. (4) The maxi mum amount of time that any person other than the owner may stay in a sui tes hotel or bed and breakfast i nn duri ng a one-year peri od shall not exceed si x months. (b) Sui tes hotel s are permitted i n existi ng multi-fami ly structures and i n singl e-fami l y structures, i ncl uding those that have been combi ned with adjacent mul ti -famil y or si ngl e- famil y structures through uni ty of ti tl e, subject to the fol lowing condi ti ons: (1) Sui tes hotel s may have ful l cooking facil ities i n uni ts with a mi ni mum of 400 square feet. (2) The bui l di ng shal l be mai ntai ned and operated as a hotel , with a registrati on desk and a l obby. (3) Should the facil ity convert from a suites hotel to a multifami ly/singl e-fami l y resi denti al bui l di ng, the mi nimum average unit size and al l other zoni ng requi rements for the underl ying distri ct shall be met. (4) Sui tes hotel s located i n the subject distri ct may have accessory uses based upon the bel ow cri teria: 1. A dini ng room operated solel y for regi stered hotel guests and thei r vi si tors, l ocated i nside the bui ldi ng, wi th no exteri or signs, entrances or exits except as requi red by the South Fl ori da Bui ldi ng Code. 2. Other accessory uses customaril y associ ated with the operation of an apartment buil ding, as referenced i n subsecti on 142-902(2), for the use of regi stered hotel guests and thei r visitors onl y. (c) Bed and breakfast i nns are permi tted onl y i n existi ng singl e-famil y structures as of (the Page 222 of 878 effecti ve date of thi s secti on) and shal l be subject to the fol lowi ng conditions: (1) The owner/operator of the bed and breakfast i nn shall permanentl y reside i n the structure. (2) The structure shal l have origi nall y been constructed as a singl e-fami l y resi dence. The structure may have ori gi nal auxi l i ary structures such as a detached garage or servant's resi dence that may or may not be used as part of the i nn. (3) The structure shall maintain mai n publ i c rooms (l iving room/dini ng room) for use of the guests. (4) Ori ginal auxi l i ary structures, such as detached garages and servants' resi dences, may be converted to guestrooms or other appropriate use. New bedrooms constructed shal l have a mi ni mum size of 200 square feet and shal l have a pri vate bathroom. (5) There shal l be no cooki ng faci li ti es/equi pment in guestrooms. One smal l refri gerator wi th maxi mum capacity of five cubi c feet shal l be permi tted in each guestroom. All cooki ng equi pment, whi ch may exist, shall be removed from the structure with the excepti on of the singl e main ki tchen of the house. (6) The bed and breakfast i nn may serve meal s to regi stered guests and thei r vi si tors only. Permi tted meal s may be served i n common rooms, guestrooms or on outside terraces (see subsection 142-1401(9)). The meal service is not considered an accessory use and i s not enti tl ed to an outsi de sign. (7) Permitted meals may be served i n areas outsi de of the bui ldi ng under the fol l owing condi ti ons: a. The area shal l be l andscaped and reviewed under the desi gn revi ew process. Landscape desi gn shall effectively buffer the outdoor area used for meal s from adjacent properties and the street. b. All meal s served outdoors shal l be prepared for servi ce from insi de facil ities. Except for the use of a barbecue, al l outdoor preparati on, cooki ng as wel l as outdoor refrigerati on and storage of food and beverages shal l be prohibi ted. Also for clarification, the following are the current definitions of ‘dining room’ and ‘restaurant’ from the city code, section 114.1 (the bold underline d text is to emphasis the differences between the two): Dini ng room, accessory means a portion of a building devoted e x clusive ly to the serving of food and refreshment for consumption on the premise s by occupants. Restaurant means a commercial e stablishme nt where refreshments or meals may be purchased by the public and which conducts the busine ss of serving of food to be consumed on or off the premise s. Currently, the City Code does not have a definition for ‘hostel’ and therefore they are treated the same as a hotel as far as zoning regulations. However, since hotels do not have a maximum occupancy, a request was made to create a definition for ‘hostel’ so that they can be better regulated. SUMMARY Pursuant to the direction of the Land Use Committee on December 12, 2016 and January 18, 2017, the attached ordinance, amending parts of the West Avenue overlay and the definitions section of the Page 223 of 878 code, is being recommended for referral to the Planning Board. T he following is a summary of the proposed legislation: 1. Creating a definition for ‘hostel’; 2. Establishing maximum occupancies in hostel and suite hotel rooms based on the square footage of a unit; 3. Tightening up the provisions for allowable ‘dining rooms’ in the West Avenue overlay, in order to ensure they do not operate as commercial restaurants. 4. Further clarifying the distinction between a ‘restaurant’ and a ‘dining room’, by revising the definition of ‘restaurant’ in the definition section of the City Code. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draft ordinance and comprehensive plan amendment to the Planning Board. Legislative Tracking Planning Sponsor Vice-Mayor Joy Malakof f ATTACHMENTS: Description Referral Ordinance (Draft) Page 224 of 878 1 MODIFICATIONS TO THE WEST AVENUE BAY FRONT OVERLAY ORDINANCE NO. -_______ 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 BY AMENDING SUBPART B - LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” AMENDING SECTION 114-1, “DEFINITIONS,” BY ADDING A DEFINITION OF HOSTEL AND MODIFYING THE DEFINITION OF RESTAURANT, BY AMENDING CHAPTER 142, “ZONING DISTRICT AND REGULATIONS,” ARTICLE III, “OVERLAY DISTRICTS,” AT DIVISION 5, “WEST AVENUE BAY FRONT OVERLAY,” AMENDING SECTION 142-845, “SUITE HOTEL AND BED AND BREAKFAST INN OVERLAY,” TO AMEND THE CRITERIA FOR SUITE HOTEL UNITS AND ACCESSORY DINING ROOMS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the West Avenue neighborhood is comprised mainly of residential uses; and WHEREAS, is it is desirable to encourage uses that are compatible with the low scale character of the neighborhood; and WHEREAS, Chapter 142 of the City Code, entitled “Zoning Districts and Regulations,” provides that suite hotels and bed and breakfast inns are allowable uses in the West Ave Bayfront overlay district; and WHEREAS, hostels and other high occupancy transient uses can sometimes be incompatible with the low scale character of the neighborhood if not regulated; and WHEREAS, Chapter 114 of the City Code, entitled “General Provisions,” provides definitions; and WHEREAS, to ensure that the all the definitions are clear and concise and are located in one area of the code that is logical and convenient to the user; and WHEREAS, the amendment set forth below is 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. Chapter 114, entitled “General Provisions” is amended, as follows: Sec. 114-1. Definitions. * * * Hostel means a building occupied or intended to be occupied by transient residents, where ingress or egress may or may not be through a common lobby or office that is supervised by a person in charge at all times, and with a resident occupancy not exceeding the following occupancy per individual unit: Page 225 of 878 2 (a) For units less than 500 square feet, occupancy shall be limited to 4 persons. (b) For units greater than 500 square feet, occupancy shall be limited to 6 persons. The aforementioned maximum occupancies do not include up to 2 children under the age of 15 * * * Restaurant means a commercial establishment where refreshments or meals may be purchased by the public and which conducts the business of serving of food to be consumed on or off the premises. whose principal business is the preparation, serving, and selling of food, to the customer for consumed on or off the premises. Food shall be continuously ready to be prepared, served, and sold during all business operational hours for a restaurant use. All restaurants shall be appropriately licensed as a restaurant or similar food service-type use by all applicable agencies. SECTION 2. Chapter 142, entitled “Zoning Districts and Regulations” is amended, as follows: * * * ARTICLE III. - OVERLAY DISTRICTS * * * DIVISION 5. - WEST AVENUE BAY FRONT OVERLAY * * * Sec. 142-845. - Suites Hotel and Bed and Breakfast Inn Overlay Area. * * * (b) Suites hotels are permitted in existing multi-family structures and in single-family structures, including those that have been combined with adjacent multi-family or single-family structures through unity of title. The maximum occupancy of such suite hotel units shall be limited to 4 persons for units less than 500 square feet and 6 persons for units greater than 500 square feet. The aforementioned limits on occupancy do not include up to 2 children, each under the age of 15. Additionally, suite hotels shall be subject to the following conditions: * * * (4) Suites hotels located in the subject district may have accessory uses based upon the below criteria: a. A dining room operated solely for registered hotel guests and their visitors, located inside the building, with no exterior signs, entrances or exits except as required by the South Florida Building Code. Such dining room shall not be licensed separately, nor licensed as a restaurant, and shall not be permitted to have a commercial kitchen, but may have separate areas for food preparation and storage, provided there are no cook-tops, stoves, ovens or broilers, and exterior kitchen ventilation is not required. SECTION 3. 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, Florida. The sections of this ordinance may be renumbered or re-lettered Page 226 of 878 3 to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _____ day of __________________, 2017. __________________________________ MAYOR ATTEST: _________________________________ CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ___________________ ____________ City Attorney Date First Reading: _________, 2017 Second Reading: ________, 2017 Verified by: _____________________ Thomas Mooney, AICP Planning Director Underscore denotes new language Strikethrough denotes removed language T:\AGENDA\2017\2 - February\Planning\Ref to PB - West Ave Overlay Regulations - Referral ORD.docx Page 227 of 878 Commission Committe e Assignme nts - C4 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - ORDI NANCE AMENDMENT PERTAI NING TO I NDOOR AND OUTDOOR SPEAKER LOCATI ONS ON LINCOLN ROAD. RECOMMENDATION Refer the proposed Ordinance Amendment to the Land Use and Development Committee for consideration and recommendation. ANALY SIS HI STORY On January 18, 2017, at the request of Commissioner Joy Malakof f , the Land Use and Development Committee recommended that the City Commission formally refer an ordinance specific to indoor and outdoor speakers on Lincoln Road to the Land Use Committee. PLANNING ANALYSIS The attached draf t ordinance would prohibit interior and exterior speakers within 20 feet of the property's boundary on Lincoln Road, unless music is being played at ambient levels. A no variance provision has also been included in the attached draft of the ordinance. As it pertains to exterior speakers playing music above ambient levels, CUP approval is already required f or any exterior speakers playing music above ambient levels on Lincoln Road, regardless of location, as that would be considered outdoor or open-air entertainment. The proposal herein does not modify this requirement. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the attached draf t ordinance to the Land Use and Development Committee. Legislative Tracking Planning Page 228 of 878 Sponsor Vice-Mayor Joy Malakof f ATTACHMENTS: Description Referral Ordinance (Draft) Page 229 of 878 Lincoln Road – Interior and Exterior Speaker Locations ORDINANCE NO._____________ 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,” DIVISION 6, “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” BY AMENDING SECTION 142-_____ THEREOF, ENTITLED “_____________,” TO CREATE REGULATIONS PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS,; and WHEREAS,; and WHEREAS,; 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 II, “District Regulations,” Division 6, “CDd-3 Commercial, High Intensity District,” Is amended as follows: Sec. 142-________. - Additional restrictions for lots fronting on Lincoln Road. All uses with a property line on Lincoln Road shall be prohibited from having speakers on the exterior of the premises and within 20 feet of the property boundary facing Lincoln Road or a side street, unless music is being played at ambient levels, or unless the establishment is fully enclosed. Additionally, music played indoors must be inaudible from the exterior of the premises at all times. No variances shall be granted from the requirements of this section 142- . 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 part of the Code of the City of Miami Beach, as Page 230 of 878 2 of 2 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 appropr iate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _____ day of ___________, 2017. __________________________________ Philip Levine Mayor ATTEST: __________________________________ Rafael E. Granado City Clerk First Reading: ________, 2017 Second Reading: ________, 2017 Verified By: __________________________ Thomas R. Mooney, AICP Planning Director T:\AGENDA\2017\2 - February\Planning\Ref to LUDC - Lincoln Road Exterior Speaker Regulations - Referral ORD.docx Page 231 of 878 Commission Committe e Assignme nts - C4 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Kristen Rosen Gonzalez DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATI ONS OF THE CI TY CODE REQUIRING MINIMUM LANDSCAPE STANDARDS FOR NEW SI NGLE FAMILY CONSTRUCTI ON, WHI CH W I LL PROVIDE A VISUAL BUFFER FROM NEI GHBORI NG PROPERTI ES ALONG I NTERIOR SI DE LOT LI NES. ANALY SIS Please place on the February 8, 2016 Commission Agenda, a referral to the Land Use and Development Committee to consider a proposed amendment to the Land Development Regulations of the City Code requiring minimum landscape standards f or new single family construction, which will provide a visual buf f er from neighboring properties along interior side lot lines. Legislative Tracking Commissioner Rosen Gonzalez Page 232 of 878 Commission Committe e Assignme nts - C4 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMI TTEE – DISCUSSION REGARDI NG REVISI ONS TO CITY REGULATIONS FOR ACLF’S AND RELATED FACI LITIES. RECOMMENDATION Refer the proposed discussion to the Land Use and Development Committee for consideration and recommendation. ANALY SIS HI STORY / SUMMARY At the request of Commissioner John Elizabeth Aleman, the City Attorney has draf ted an ordinance establishing a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACLF). In addition to ACLF’s, the proposed moratorium would apply to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses. The moratorium is scheduled to be considered at First Reading on February 8, 2017. Concurrent with the aforementioned moratorium, Commissioner Aleman is sponsoring a referral to the Land Use and Development Committee regarding revisions to the City Code as it pertains to ACLF’s and related uses. Currently, the City Code lacks adequate regulations f or crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers. Additionally, the term adult congregate living facility (ACLF) has become obsolete and, as currently defined in the City Code, needs to be updated to conf orm to state law. In addition to replacing the obsolete term ‘ACLF’ with “assisted living facility,” the City Code needs to be updated to include proper licensure requirements and to comply with state law requirements. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the discussion item to the Land Use and Development Committee. Page 233 of 878 Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman Page 234 of 878 Commission Committe e Assignme nts - C4 L COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION PERTAINI NG TO 1. MI AMI -DADE COUNTY REQUI REMENTS FOR MUNI CI PALI TI ES TO ESTABLI SH WORKFORCE HOUSI NG ACTI ON PLANS AND 2. COMPREHENSI VE PLAN AMENDMENTS AND POTENTIAL INCENTIVES FOR W ORKFORCE HOUSI NG. RECOMMENDATION Refer the proposed discussion to the Land Use and Development Committee for consideration and recommendation. ANALY SIS On January 25, 2017 the City Commission held a workf orce and affordable housing workshop. As part of this workshop, the Commission recommended that the following matters be referred to the Land Use and Development Committee for discussion and recommendation: 1. The requirements of Miami-Dade County for municipalities to establish workf orce housing action plans; and 2. Applicable Comprehensive Plan Amendments and potential incentives, as it pertains to workf orce housing in the City. CONCLUSION The Administration recommends that the Mayor and City Commission refer the proposed discussion to the Land Use and Development Committee for consideration and recommendation. Legislative Tracking Housing and Community Services Sponsor City Commission Page 235 of 878 Page 236 of 878 Commission Committe e Assignme nts - C4 M COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Ricky Arriola DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS COMMISSIONING AN ARTI ST TO PAINT THE NORTH BEACH WATER TOWERS. ANALY SIS Please place this ref erral item on the February 8, 2017 City Commission agenda. Legislative Tracking Commissioner Ricky Arriola & Co-Sponsored by Commissioner Aleman Page 237 of 878 Commission Committe e Assignme nts - C4 N COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Michael Grieco DAT E:February 8, 2017 SUBJECT:REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAI RS COMMITTEE AND THE FINANCE AND CITYW I DE PROJECTS COMMITTEE REGARDING THE MAI NTENANCE OF PUBLI C BATHROOMS CITYW I DE. ANALY SIS Please place on the February 8th Agenda, a dual ref erral to the Neighborhood/Community Af f airs Committee and the Finance and Citywide Projects Committee regarding the maintenance of Public Bathrooms Citywide. Legislative Tracking Commissioner Michael Grieco Page 238 of 878 Commission Committe e Reports - C6 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REPORT OF THE JANUARY 18, 2017 LAND USE AND DEVELOPMENT COMMI TTEE MEETING: 1. CMB PREPARATI ONS FOR LI KELY PASSAGE OF STATE MEDI CAL MARI JUANA CONSTITUTI ONAL AMENDMENT. 2. DISCUSSION REGARDING ZONING OVERLAY AND CONSERVATION DISTRI CTS FOR THE ENTIRE BOUNDARIES OF THE NORTH SHORE AND NORMANDY I SLES NATIONAL REGI STER DISTRICTS. 3. DISCUSSION REGARDI NG RESILI ENCY AND ADAPTATI ON CRITERI A FOR LAND USE BOARDS. 4. DI SCUSSION REGARDI NG PROHIBI TI NG EXTERIOR SPEAKERS IN NON-EATING AND DRINKING ESTABLI SHMENTS ON OCEAN DRIVE. 5. DISCUSSION REGARDING INCENTI VIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SI NGLE FAMILY HOMES (SFH). 6. DISCUSSION REGARDING THE USE REGULATIONS FOR THE W EST AVENUE OVERLAY DI STRICT. 7. RE-HEARING AND APPEAL PROCESS. 8. AMENDMENTS TO THE LAND DEVELOPMENT R E G U L A T I O N S AND THE COMPREHENSIVE PLAN REGARDING NONCONFORMI NG HOTEL USES ON THE NORTH SIDE OF BELLE I SLE. 9. WAI VER OF OUTSTANDING PARKING LI EU FEES FOR RED STEAKHOUSE, 119 WASHINGTON AVENUE. ANALY SIS A Land Use and Development Committee meeting was held on January 18, 2017. Land Use Committee Members in attendance were Commissioners Joy Malakoff, John Elizabeth Aleman and Micky Steinberg. Commissioner Michael Grieco and Ricky Arriola were also in attendance. Members from the Administration, including Susanne Torriente, Eve Boutsis, Nick Kallergis, Chief Daniel Oates, Thomas Mooney, Carmen Sanchez, and Rogelio Madan, as well as members of public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:10 PM. 1. CMB Preparations for Likely Passage of State Medical Marijuana Constitutional Amendment. (Continued from the December 12, 2016 LUDC Meeting Sponsored by Commissioner Michael Grieco and City Commission February 10, 2016 City Commission Meeting, Item R9F) Page 239 of 878 AFTER-ACTION: Thomas Mooney introduced the item. Rogelio Madan made a presentation on the draft ordinance. Eve Boutsis discussed a proposed related amendment to the City Code for Business Tax Receipt procedures for medical cannabis establishments and the state rule making processes that were being initiated. Chief Daniel Oats provided information regarding state regulations and crime and the importance of lobbying against state preemption of local regulations. Commissioner Grieco had concerns that the ordinance would not allow sufficient access and wanted to see additional scenarios provided. Commissioner Aleman requested that the scenario that excluded religious facilities be provided. Commissioner Malakoff had concerns over the number of facilities and increasing the number of locations Commissioner Arriola indicated the proposed locations seemed reasonable, but that the moratorium should be expanded until the regulations were finalized. MOT ION: The item was continued to the February 15, 2017 by Acclamation. 2. Discussion Regarding Zoning Overlay and Conservation Districts for the Entire Boundaries of the North Shore and Normandy Isles National Register Districts (Sponsored by Commissioner John Elizabeth Alemán December 9, 2016 Special City Commission Meeting, Item R9 A) AFTER-ACTION: Thomas Mooney introduced the item. Susanne Torriente indicated that this was the first step in a larger public process. Commissioner Aleman described that the conservation district would provide additional protections and guidelines for the proposed local historic districts. Eve Boutsis indicated the moratorium that was recently adopted only applied to the Tatum Waterway area, but that it did not apply to other parts of the National Register District. Thomas Mooney made a power point presentation on the proposed guidelines for the Overlay District. Members of the public addressed the Committee. Commissioner Malakoff had concerns over the number of lots that could be regulated. Commissioner Arriola wanted additional analysis regarding the possibility for providing some waterfront dining opportunities along the Tatum Waterfront. Commissioner Steinberg indicated that the language needed to be tweaked. Commissioner Malakoff requested that staff reach out to Dover Kohl regarding a proposal to create more detailed guidelines. MOT IONS: a. A separate item shall be placed on the February 15, 2017 regarding regulations for the Town Center area by Acclamation; b. The item was continued to February 15, 2017 by Acclamation. Page 240 of 878 3. Discussion Regarding Resiliency And Adaptation Criteria For Land Use Boards. (Sponsored by Commissioner John Elizabeth Alemán December 14, 2016 City Commission Meeting, Item R9F) AFTER-ACTION: Thomas Mooney made a clarification that the proposal to prohibit below grade parking would be moved to Chapter 130. Members of the public addressed the committee. Commissioner Malakoff indicated that training should be provided to Land Use Boards. MOT ION: Recommend that the Planning Board transmit the proposal to the City Commission with a favorable recommendation by Acclamation. 4. Discussion Regarding Prohibiting Exterior Speakers In Non-Eating And Drinking Establishments On Ocean Drive. (Continued from the December 12, 2016 LUDC Meeting Sponsored by Commissioner Ricky Arriola and City Commission November 9, 2016 Item C4 N) AFTER-ACTION: Thomas Mooney introduced the item. Commissioner Malakoff discussed the possibility of a separate referral for similar speaker limits on Lincoln Road. Thomas Mooney clarified that a separate referral would need to be presented to the City Commission for Lincoln Road. MOT ION: JA/MS (3-0) a. A referral item shall be placed on the February 8, 2017 City Commission consent agenda regarding a Land Use Committee referral for a speaker ordinance pertaining to Lincoln Road by Acclamation; b. Recommend that the Planning Board transmit the proposal to the City Commission with a favorable recommendation by Acclamation. 5. Discussion Regarding Incentivizing the Retention, Raising And/or Relocation Of Historic/Architecturally Significant Single Family Homes (SFH). (Continued from the December 12, 2016 LUDC Meeting Sponsored by Commissioner Michael Grieco April 13, 2016 City Commission Meeting, Item C4 E) AFTER-ACTION: Thomas Mooney introduced the item. Members of the public addressed the committee. Susanne Torriente indicated that review can be expedited if plans are correct, but that if information is missing from plans that it should not count against staff review time. Page 241 of 878 Thomas Mooney indicated that the administration would verify if a shorter review timeframe of 10 days was possible for architecturally significant single family homes. MOT ION: The item was continued to February 15, 2017 by Acclamation. 6. Discussion Regarding T he Use Regulations For The West Avenue Overlay District. (Continued from the December 12, 2016 LUDC Meeting Sponsored by Commissioner Joy Malakoff November 9, 2016 City Commission Meeting, Item C4 J) AFTER-ACTION: Thomas Mooney introduced the item and requested that there be a modification to the definition of occupancy so that it is based on square footage and that the definition of restaurant be modified as proposed in the memo. MOT ION: JA/MS (3-0) Recommend that the City Commission refer the proposed ordinance to the Planning Board with a modification that the definition for occupancy be based on square footage and that the proposed definition for restaurant be included. 7. Re-hearing and Appeal Process. (Sponsored by the City Commission December 14, 2016 City Commission Meeting, Item C4 L) AFTER-ACTION: Eve Boutsis introduced the item. Thomas Mooney clarified that Commissioner Malakoff agreed to be the sponsor. MOT ION: JA/MS (3-0) Recommend that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. 8. Amendments to the Land Development Regulations And T he Comprehensive Plan Regarding Nonconforming Hotel Uses On T he North Side Of Belle Isle. (Sponsored by Commissioner Ricky Arriola December 14, 2016 City Commission Meeting, Item C4 M) AFTER-ACTION: Thomas Mooney introduced the item. Monika Entin made a presentation on behalf of an affected party. Commissioner Aleman indicated that she was supportive of the item allowing the properties to become more resilient. MOT ION: JA/MS (3-0) Recommend that the City Commission transmit the Ordinance to the Planning Board. Page 242 of 878 9. Waiver Of Outstanding Parking Lieu Fees For Red Steakhouse, 119 Washington Avenue. (Sponsored by Commissioner Michael Grieco December 14, 2016 City Commission Meeting, Item C4 V) AFTER-ACTION: Alex Tachmes introduced the item on behalf of the affected party. Carmen Sanchez identified the fees that had been calculated and issues related to the shared parking calculation. Members of the committee expressed concerns over the precedent this would set with other fee in lieu of parking accounts that had paid fees in the past. MOT ION: No action take n. The meeting adjourned at 6:00 p.m. Legislative Tracking Planning ATTACHMENTS: Description Sign-in-Sheet Page 243 of 878 Page 244 of 878 Commission Committe e Reports - C6 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REPORT OF THE JANUARY 18, 2017 SUSTAINABI LITY AND RESI LIENCY COMMI TTEE: 1 ) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MI AMI BEACH, FLORI DA, INCORPORATING BEST MANAGEMENT PRACTICES FOR LANDSCAPING BY I NCLUDI NG THE USE OF THE FLORI DA-FRIENDLY LANDSCAPING GUI DE TO PLANT SELECTION AND LANDSCAPE DESIGN W HEN REDEVELOPI NG CI TY PARKS AND CITY-OWNED LAND. 2) DISCUSSION ON REQUI RI NG SUSTAI NABILI TY STANDARDS SIMI LAR TO LEED FOR RETROFITS I N CI TY-OW NED PROPERTI ES. 3) DISCUSSION REGARDI NG HOW GREEN I NFRASTRUCTURE INCLUDING LIVI NG OR HYBRID SHORELINES CAN COMPLEMENT GREY I NFRASTRUCTURE IN OUR CLI MATE ADAPTION ON GOI NG W ORK. 4) DISCUSSI ON REGARDING THE SECURI NG AND STORAGE OF COMMERCI AL DUMPSTERS. 5) DISCUSSION ON ST. PETERSBURG'S I NITIATIVE TO RUN ON 100% RENEWABLE ENERGY AND POSSIBI LITIES I N MI AMI BEACH. 6) DISCUSSION ON ACTIVE DESIGN MI AMI : DESIGN & POLI CY STRATEGIES FOR HEALTHI ER COMMUNI TIES. 7) DISCUSSION ON BEST PRACTICES FOR BEACH SAND SIFTING AND MAI NTENANCE. 8 ) DI SCUSSION ON THE CI TY TO OFFER CHRI STMAS TREE RECYCL I NG. 9) COMMENCING IN 2017 MAYOR'S BLUE RIBBON PANEL ON FLOODI NG AND SEA LEVEL RISE. 10) SUSTAINABILI TY COMMI TTEE. 11) RESILI ENCY STRATEGY. Legislative Tracking Environment & Sustainability ATTACHMENTS: Description After-Action 01.18.17 Page 245 of 878 OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 18, 2017 SUBJECT: MEETING OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE (SRC) ON WEDNESDAY, JANUARY 18, 2017 A meeting of the Sustainability and Resiliency Committee was held on Wednesday, January 18, 2017, in the City Manager’s Large Conference Room, 4th Floor of City Hall. Commissioners in attendance: Commissioner Michael Grieco, Commissioner Ricky Arriola, Commissioner Joy Malakoff, 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: 1:10 PM 1. A Resolution of the Mayor and the City Commission of Miami Beach, Florida, Incorporating Best Management Practices for Landscaping by Including the Use of the Florida-Friendly Landscaping Guide to Plant Selection And Landscape Design When Redeveloping City Parks and City-Owned Land AFTER-ACTION Item presented by Elizabeth Wheaton, Environment and Sustainability Director. She informed the committee that the resolution was created to promote best management practices that help in reducing the use of water, fertilizers and pesticides through the use of Florida-Friendly Landscaping. MOTION: Motion to approve and refer the resolution to the City Commission. Motion made by Commissioner Malakoff, Seconded by Commissioner Arriola. 2. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City- owned Properties AFTER-ACTION Susanne Torriente, Assistant City Manager/Chief Resiliency Officer explained that staff has researched potential pilot projects and have been populating information in the EPA Energy Star Portfolio to better understand the use of energy within municipal buildings. Ms. Torriente suggested that prior to picking a pilot project for the LEED retrofits, staff should be allowed to complete the energy evaluation in order to make a more informed decision. Commissioner Grieco inquired on whether there are companies that can be hired to conduct energy audits as part of the energy evaluation process. Adrian Morales, Property Management Director informed the committee that the Art Deco Welcome Center, South Shore Community Center and Fire Station 3 would be the best Page 246 of 878 candidates for the LEED silver retrofit projects. He added that it would help staff with identifying projects if standards are designed. Ms. Wheaton added that as staff is evaluating the projects, it is also important to understand the costs associated to it. For active projects, it has been found that it would not be feasible to conduct a retrofit and it is better to incorporate the standards in future projects. ACTION: Staff to return with an update and guidelines to the July 2017 Sustainability and Resiliency Committee. 3. Discussion Regarding How Green infrastructure including Living Or Hybrid Shorelines Can Complement Grey infrastructure ln Our Climate Adaptation On Going Work AFTER-ACTION Item presented by Margarita Wells, Environmental Resources Manager. She presented to the committee on the incorporation of green infrastructure on projects that were previously in the design phase. Projects included the red mangroves at Muss Park, the flood mitigation project between 25 and 41 street as well as Brittany Bay Park. She added that Brittany Bay Park provides an opportunity to create the longest living shoreline in Miami Beach at an estimated 400 liner feet. The project will include living shorelines and overlooks that will allow the public to interact with the different natural components and provide an opportunity learn about the vegetation. Commissioner Malakoff inquired on how far out the overlooks go. Ms. Wells responded that the project will not extend the overlooks past the seawall and will be moving inland towards the park. MOTION: Motion to support the conceptual design of for Brittany Bay Park. Motion made by Commissioner Malakoff, Seconded by Commissioner Arriola. ACTION : Staff directed to provide an update on the item in April 2017 and continue updates on a quarterly basis. 4. Discussion Regarding the Securing and Storage Of Commercial Dumpsters AFTER-ACTION Item Deferred to the February 15, 2017 Sustainability and Resiliency Committee 5. Discussion on St. Petersburg's Initiative to Run on 100% Renewable Energy and Possibilities in Miami Beach AFTER-ACTION Elizabeth Wheaton, Environment and Sustainability Director presented the item. The Sierra Club has developed the “Ready for 100 initiatives” to encourage the City to be 100% on renewable energy by 2050. Many cities have signed up including St. Petersburg who received 1 million dollars from BP from the Deepwater Horizon Oil Spill for climate action and resiliency/adaptation planning. ACTION: Staff to work with Sierra Club to obtain information on how the City of Miami Beach can participate and move towards the 2050 renewable energy goal. 6. Discussion on Active Design Miami: Design & Policy Strategies for Healthier Communities AFTER-ACTION Item presented by Cheryl Jacobs, Executive Vice-President, American Institute of Architects. Ms. Page 247 of 878 Jacobs presented on the various policies and strategies outlined by Active Design Miami. This includes 96 strategies that follow principles such as health, safety, equitable policy, communications, and sustainability. Commissioner Aleman suggested working with the Miami Beach Chamber of commerce to incorporate these strategies as a category in the Best of the Beach awards. MOTION: Motion to conceptually approve and refer the resolution to the full City commission. This includes approval on the macro concept of the strategies outlined in the guide. Motion made by Commissioner Arriola, Seconded by Commissioner Malakoff. 7. Discussion on Best Practices for Beach Sand Sifting and Maintenance AFTER-ACTION Item Deferred to the February 15, 2017 Sustainability and Resiliency Committee 8. Discussion on the City to offer Christmas Tree Recycling, Commencing in 2017 AFTER-ACTION Item continued to the February 15, 2017 Sustainability and Resiliency Committee 9. Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise AFTER-ACTION Susanne Torriente, Assistant City Manager/ Chief Resiliency Officer presented the item. She provided an overview of the meeting and informed that group that the Planning Deparment developed a series of land use regulations and discussed how they could be made more resilient. These regulations currently have cosponsors and will be brought to the next commission meeting. Eric Carpenter, Assistant City Manager/Public Works Director provided a summary of the public works projects that were discussed during the meeting. He explained that the city is in the process of rolling out a citywide groundwater monitoring program which will allow real time information on how the groundwater is being affected by outside factors. Commissioner Malakoff suggested that staff develop information signage for public areas that have to be closed off for safety reasons as a result of a project. ACTION: No further action taken. 10. Sustainability Committee AFTER-ACTION Item presented by Dave Doebler, Committee Chairman. Mr. Doebler provided a brief recap of the voluntary smoke-free zones event and its success. He also gave a brief overview of the December 13, 2016 Sustainability Committee. ACTION: No further action taken. 11. Resiliency Strategy AFTER-ACTION Susanne Torriente, Assistant City Manager/ Chief Resiliency Officer presented the item. She informed the committee of an upcoming resiliency strategy workshop that will address the top priorities in the City. Amy Knowles, Deputy Chief Resiliency Officer presented on the Community Resiliency Program. The programs goal is to create an effective plan when disseminating flood information to a community. Page 248 of 878 Commissioner Grieco inquired on the status of Sardinia Restaurant and the insurance claim issue. Mrs. Torriente explained that the City assisted the owners of the restaurant with obtaining an elevation certificate and that the claim has been successfully processed. Commissioner Arriola inquired on whether staff can produce an assessment/ comprehensive economic analysis to show what our storm water and other investments are paying for. ACTION: No further action taken. JLM/SMT/ESW/FCT/YP Page 249 of 878 Commission Committe e Reports - C6 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REPORT OF THE JANUARY 20, 2017 FINANCE AND CITYWIDE PROJECTS COMMI TTEE MEETI NG: 1. DISCUSSION REGARDING THE EXCHANGE OF PROPERTY WITH THE OW NER OF 5860 NORTH BAY ROAD LN ORDER TO RESOLVE THE EXI STING BOUNDARY LI NES, AND THE LOCATI ON OF A FUTURE CI TY PUMP STATI ON AND SEW ER LI NE .2. DISCUSSI ON ON THE POTENTIAL EXPANSI ON OF THE BIG BELLY TRASH PROGRAM. 3. DISCUSSION REGARDI NG BUS SURVEY RESULTS TO IDENTIFY TRANSPORTATION NEEDS OF PUBLIC SCHOOL CHI LDREN W I THIN TWO- MI LE LI MIT OF HOME SCHOOL. 4. DISCUSSION TO I DENTI FY FUNDING FOR A PARTNERSHI P WITH COMMON THREADS I N AN AMOUNT NOT TO EXCEED $1 8 ,9 2 5 .7 7 . 5. DI SCUSSION AND POTENTIAL FUNDI NG OPTIONS FOR A PUBLIC BAYWALK GUARDRAIL LOCATED AT 900 W EST AVENUE SOUTHGATE TOWERS. 6. DISCUSSION REGARDI NG IMPLEMENTI NG THE SAFER COMPASS PROGRAM IN THE CI TY OF MI AMI BEACH TO REVIEW THE ANALYSI S. 7. DISCUSS FUNDING FOR ADDED SECURI TY ON OCEAN DRIVE AS PER THE TEN POINT PLAN 8. DISCUSS THE CURRENT SAFEGUARDS IN PLACE TO ENSURE THE SECURITY OF CITYWIDE FINANCIAL ACCOUNTS AND HOW BEST TO IMPROVE THEM. 9. DI SCUSS ENGAGI NG THE WEST AVENUE NEIGHBORHOOD I N A PI LOT PARTICIPATORY BUDGETING PROCESS USING THE FUNDS FROM THE ALTON COURT VACATI ON. 10. DISCUSS THE CREATION OF A PUBLIC ALLEYWAY FUND. 11. DISCUSSION TO REVIEW CITY CONSTRUCTION CONTRACTS TO HOLD CONTRACTORS MORE ACCOUNTABLE. 12. DISCUSSION REGARDING PARTI CI PATI ON I N THE MI AMI -DADE COUNTY TRANSIT CORPORATE DI SCOUNT PROGRAM 13. DISCUSSION ON CREATION OF ECONOMI C DEVELOPMENT GOALS AND OBJECTI VES AND A CI TYWIDE ECONOMI C DEVELOPMENT STRATEGY PLAN. 14. DI SCUSS URGI NG THE FLORI DA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND BEVERAGE CONSUMPTION TO FUND EFFORTS TO END HO ME L E S S NE S S . 15. DI SCUSSI ON TO CONSIDER ALLOCATI NG A RECURRING BUDGETARY AMOUNT TO AN ANNUAL EDUCATIONAL EVENT BY THE HUMAN RI GHTS COMMI TTEE. 16. DISCUSSI ON REGARDING THE CREATI ON OF A POCKET PARK ON 20TH STREET AND ALTON ROAD 17. DISCUSS ADDI NG ILLUMI NATED CROSSWALKS OR RAPI D RECTANGULAR FLASHING BEACONS ON W EST AVENUE. 18. DISCUSSION REGARDING FUTURE USES OR THE POTENTI AL SALE OF VACANT CITY-OW NED LAND LOCATED AT 226 87TH TERRACE. 19. DISCUSSION REGARDING PROPOSED Page 250 of 878 INTERCEPTOR GARAGE AT 1623 W EST AVENUE. 20. DISCUSSION REGARDI NG RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN CENTRAL BAYSHORE NEIGHBORHOOD. 21. DI SCUSSI ON REGARDING IMPLEMENTI NG CIGARETTE BUTT RECEPTACLES I N HI GH PEDESTRIAN TRAFFI C AREAS. Legislative Tracking Finance ATTACHMENTS: Description Minutes Page 251 of 878 City of Miami Beach, 1700 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, City Manager DATE: February 08, 2017 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FINANCE) MEETING ON JANUARY 20, 2017 The agenda is as follows: OLD BUSINESS 1. 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 Station And Sewer Line (June 8, 2016 Commission Item C4F) ACTION The Committee deferred the item to next month. 2. Discussion On The Potential Expansion Of The Big Belly Trash Program (November 9, 2016 Commission Item C4F) ACTION The Committee recommended moving to the full Commission to adopt the expansion of the pilot program staff suggested placing the Big Belly cans on Washington Avenue from 5th and 17th Street. Staff was directed to bring back a more complex financial analysis in six (6) months not only including labor savings but cost of living factor and material savings as well. 3. Discussion Regarding Bus Survey Results To Identify Transportation Needs Of Public School Children Within Two-Mile Limit Of Home School. (October 19, 2016 Commission Item C4B) ACTION The Committee recommended moving to the full Commission the morning only pilot program at North Beach Elementary subsidized for one (1) semester using option 2 as staff suggested. Once the pilot is over, staff was directed to survey all of the parents that participate and ask if they will be willing to pay for the service. Page 252 of 878 Page 2 of 5 4. Discussion To Identify Funding For A Partnership With Common Threads In An Amount Not To Exceed $18,925.77 (December 14, 2016 Commission Item C7G) ACTION The Committee favorably recommended moving to the full commission and then report back to the Finance and Citywide Projects Committee to ensure success of the program. Staff was directed to find the funds for the program and ask Commissioner Rosen- Gonzalez about when to start the program due to conflict of schools currently being mid- semester. 5. Discussion And Potential Funding Options For A Public Baywalk Guardrail Located At 900 West Avenue Southgate Towers (December 14, 2016 Commission Item C4D) ACTION The Committee recommended moving this item to the full commission with a budget amendment. 6. Discussion Regarding Implementing The Safer Compass Program In The City Of Miami Beach To Review The Analysis (November 9, 2016 Commission Item R9K) ACTION The Committee directed staff to engage with the pilot that is already underway with Miami-Dade Public Schools and get their feedback. Put together a recommendation for a pilot program possibly focusing on the three (3) largest parks and recreations facilities, Flamingo Park, Scott Rakow, and North Shore Youth Centers. Staff was encouraged to implement the program to more facilities where the City has a large amount of the public coming in, accepting the priority of the Parks and Recreation facilities. 7. Discuss Funding For Added Security On Ocean Drive As Per The Ten Point Plan (December 14, 2016 Commission Item C4W) ACTION The Committee directed staff to bring this item back next month. Page 253 of 878 Page 3 of 5 8. Discuss The Current Safeguards In Place To Ensure The Security Of Citywide Financial Accounts And How Best To Improve Them (January 11, 2017 Commission Item C4F) ACTION The Committee directed staff to do everything they have to do to hire the best consultants to put the technology and the processes in place, train staff, and hire the best staff. The Committee fully supports an expansion of BDO’s scope of services and encouraged them to include other departments in order to examine our internal processes and to make sure that we have proper separation of duties. 9. Discuss Engaging The West Avenue Neighborhood In A Pilot Participatory Budgeting Process Using The Funds From The Alton Court Vacation (December 14, 2016 Commission Item C4E) ACTION The Committee directed staff to go back and look at West Avenue and the surrounding areas, identify the above ground that needs to be done, and determine how much money is needed for that. Then bring back to compare the costs to the funds from the vacation. Staff was instructed to bring back information on the proceeds for the Alton Court Vacation funds compared to the cost of the West Avenue project. 10. Discuss The Creation Of A Public Alleyway Fund (November 9, 2016 Commission Item R9Q) ACTION The Committee withdrew the item. 11. Discussion To Review City Construction Contracts To Hold Contractors More Accountable (November 9, 2016 Commission Item C4K) ACTION Discussion held, no action taken. 12. Discussion Regarding Participation In The Miami-Dade County Transit Corporate Discount Program (December 14, 2016 Commission Item C4A) ACTION The Committee recommended moving to the full Commission option one (1) and pursue option two (2) through the budget cycle for FY 17/18 to do a six (6) months pilot program. Page 254 of 878 Page 4 of 5 13. Discussion On Creation Of Economic Development Goals And Objectives And A Citywide Economic Development Strategy Plan (December 14, 2016 Commission Item C4B) ACTION The Committee directed staff to continue to explore a more comprehensive strategy with outside experts, come up with a list of potential scope items and come back next month to further discuss the item. 14. Discuss Urging The Florida Legislature To Collect A 1% Tax On Food And Beverage Consumption To Fund Efforts to End Homelessness (January 11, 2017 Commission R9V) ACTION The Committee recommended not moving forward with the 1% Tax increase on food and beverage consumption. Direction was given to City Attorney staff to work on a no panhandling zones ordinance and to look into what the costs of a special prosecutor would be, then bring back the numbers to the next Finance and Citywide Projects meeting. 15. Discussion To Consider Allocating A Recurring Budgetary Amount To An Annual Educational Event By The Human Rights Committee (December 14, 2016 Commission Item C4C) ACTION The Committee withdrew this item. 16. Discussion Regarding The Creation Of A Pocket Park On 20TH Street And Alton Road (November 9, 2016 Commission Item R9T) ACTION Item not heard. No action was taken. 17. Discuss Adding Illuminated Crosswalks Or Rapid Rectangular Flashing Beacons On West Avenue (December 14, 2016 Commission Item C4F) ACTION Item not heard. No action was taken. 18. Discussion Regarding Future Uses Or The Potential Sale Of Vacant City-Owned Land Located At 226 87th Terrace (October 19, 2016 Commission Item C4A)(July 13, 2016 Commission Item C4J ACTION Page 255 of 878 Page 5 of 5 Item not heard. No action was taken. 19. Discussion Regarding Proposed Interceptor Garage At 1623 West Avenue (Lot No. P23). (September 27, 2016 Commission Item R9E)(Continued From September 14, 2016 Commission Item R9AA) ACTION Item not heard. No action was taken. 20. Discussion Regarding Recommended Traffic Calming Improvements In Central Bayshore Neighborhood (January 11, 2017 Commission Item C4E) ACTION The Committee directed staff to defer this item until next month and bring a list of all projects in the Transportation Master plan that can be funded by the surplus funds in order to prioritize the allocation of the funds to the projects. The Committee recommended moving to the full Commission for full endorsement of the Priority One project at $500,000 and directed staff to identify the funds for the $500,000. 21. Discussion Regarding Implementing Cigarette Butt Receptacles In High Pedestrian Traffic Areas (November 9, 2016 Commission Item C4H) ACTION The Committee recommended moving to the full commission to adopt the suggested pilot program of 100 ash cans where Surfrider (the vendor) and CleapUp.org will be partnering to empty out the ash cans for one (1) year. The vendor was directed to include the measurement of how much labor time is spent on emptying the trash cans in the data that is collected. Work with the Grants department to help attain grant funding for the program. Public Works staff was directed to work with the vendor to install ash cans on sites on high traffic areas and try to include alleys behind businesses. Page 256 of 878 Resolutions - C7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ELECTING COMMISSIONER KRISTEN ROSEN GONZALEZ, GROUP IV, AS VICE-MAYOR, FOR A TERM COMMENCI NG ON MARCH 1, 2017 AND TERMI NATING ON JUNE 30, 2017. ANALY SIS The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group number in the following sequence, Group I , I I , I I I , I V, V, and VI. Based on this direction, the next Vice-Mayor Group is Group IV. The term for the next Vice- Mayor is March 1, 2017 through June 30, 2017. Commissioner Kristen Rosen Gonzalez is next in the rotation to serve as Vice-Mayor. Legislative Tracking Of f ice of the City Clerk ATTACHMENTS: Description Resolution Page 257 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER KRISTEN ROSEN GONZALEZ, GROUP IV, AS VICE-MAYOR, FOR A TERM COMMENCING ON MARCH 1, 2017 AND TERMINATING ON JUNE 30, 2017. WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months, and the next Vice-Mayor Group is Group IV; and WHEREAS, the term for the next Vice-Mayor is March 1, 2017 through June 30, 2017, and Commissioner Kristen Rosen Gonzalez is next in the rotation to serve as Vice-Mayor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, Commissioner Kristen Rosen Gonzalez is hereby elected as Vice-Mayor, for a term commencing on March 1, 2017 through June 30, 2017. PASSED and ADOPTED THIS day of 2017. ATTEST: PHILIP LEVINE MAYOR RAFAEL E. GRANADO CITY CLERK T:\AGENDA\2017\2 - February\City Clerk \vice-mayor - RES,cloc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION z City Attorney Oats Page 258 of 878 Resolutions - C7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, REAPPOINTI NG JOHN C. DELLAGLORI A, ESQ. TO SERVE AS A SPECI AL MASTER FOR APPEALS OF DECISI ONS OF THE CITY’S HI STORI C PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXI MUM PAYMENT OF $750.00, PER CASE. RECOMMENDATION Reappoint Mr. John C. Dellagloria, Esq. to serve as Special Master for appeals of decisions of the City’s Historic Preservation Board. ANALY SIS City of Miami Beach City Code Section 118-537(b)(1), provides that the applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an af f ected person may appeal the decisions of the Historic Preservation Board to a Special Master appointed by the City Commission. Pursuant to Miami Beach City Code Section 118-537(b)(3), the Special Masters appointed to hear such appeals shall be attorneys who are members in good standing with the Florida Bar and have expertise in the area of historic preservation. Special Masters shall serve terms of three years, provided however, that they may be removed without cause upon a majority vote of the City Commission. On the determination of City Attorney Raul J. Aguila that John C. Dellagloria possesses the knowledge, skills and attributes to perf orm as a Special Master pursuant City Code Section 118- 537(b)(3), and my concurrence with such determination, I am recommending Mr. Dellagloria’s reappointment as the Special Master f or Appeals of Decision of the City’s Historic Preservation Board f or an additional term of one year. Mr. Dellagloria began serving in this position on March 12, 2015; he was reappointed in 2016 for an additional one-year term ending on March 10, 2017. If reappointed, Mr. Dellagloria will be the Special Master appointed to hear appeals of decisions of the City’s Historic Preservation Board. Page 259 of 878 Mr. Dellagloria also serves as the General Counsel for the Palm Bay Community Redevelopment Agency; a position he has held since October 2007. Mr. Dellagloria also served as General Counsel to the South Miami Community Redevelopment Agency and to the Miami Beach Housing Authority. Mr. Dellagloria has vast municipal experience, having served as City Attorney for the City of North Miami from November 1995 to October 2004. Mr. Dellagloria also served as Chief Deputy City Attorney f or the City of Miami Beach, City Attorney for South Miami and Deputy City Attorney for the City of North Miami Beach. Mr. Dellagloria is a f aculty member at the University of Miami School of Business, teaching undergraduate and graduate sections of Business Law and Real Estate Law. I n 2004, Mr. Dellagloria received the Excellence in Teaching Award at the University of Miami. Mr. Dellagloria received his Juris Doctorate from the University of Miami School of Law in 1979; and a Bachelor of Arts in English Literature form the State University of New York at Binghamton in 1976. Mr. Dellagloria is the recipient of numerous professional awards, and is the co-author, with the Honorable Alan R. Schwartz, Chief Judge of the Third District Court of Appeal, of the 1980 Supplement to Productions Liability in Florida. A copy of Mr. Dellagloria’s curriculum vitae is attached hereto. CONCLUSION Mr. Dellagloria is a uniquely qualified individual, based upon his experience with the City Code, and in particular with the City’s Historic Preservation Code. As a practicing attorney, and former City of Miami Beach Deputy City Attorney, Mr. Dellagloria is able to review decisions rendered by the Historic Preservation Board. Based on Mr. Dellagloria’s knowledge, skills and attributes the City Attorney and I recommend that Mr. Dellagloria be reappointed for a one (1) year term, expiring on March 10, 2018; and setting his compensation at $150.00 per hour with a maximum payment of $750.00 per case. FINANCIAL INFORMATION In FY 2016, there were no such HPB appeals, and no payments were made to the Special Master. Amount 1 $150.00/hour maximum $750.00 per case. Account 1 011-0210-000312 Legislative Tracking Of f ice of the City Clerk / Office of the City Attorney Page 260 of 878 ATTACHMENTS: Description Resume Resolution Page 261 of 878 JOHN C. DELLAGLORIA Professional Experience John C. Dellagloria, P.A. October 2004 — Present Full-Time Faculty University of Miami Undergraduate and Graduate sections of Contract Law and Real Estate Law, School of Business Recipient of the 2004 Excellence in Teaching Award. City of Miami Beach General Master Historic Preservation Board General Counsel, Palm Bay Community Redevelopment Agency City Attorney, City of North Miami General Counsel, South Miami Community Redevelopment Agency General Counsel, Miami Beach Housing Authority Chief Deputy City Attorney, City of Miami Beach City Attorney, City of South Miami Deputy City Attorney, City of North Miami Beach Senior Associate, Cassel & Cassel, P.A. Law Clerk, Honorable Alan R. Schwartz Chief Judge, Third District Court of Appeal January 1982-December 2013 April 2015-present October 2007-May 2011 November 1995- October 2004 October 1999 - February 2002 January 1997 - July 2000 March 1990 - February 1996 December 1986 - May 1990 January 1983 - December 1986 March 1981 - January 1983 February 1980 - March 1981 Education University of Miami School of Law J,D., 1979 Recipient: Book Award: Conflict of Laws: Spring 1978 Page 262 of 878 Book Award: Advanced Criminal Procedure: Spring 1978 Book Award: Insurance Law: Summer 1978 State University of New York at Binghamton B.A. English Literature, 1976 Professional Activities Co-Author, with the Honorable Alan R. Schwartz, Chief Judge Third District Court of Appeal of Florida Supplement to Products Liability in Florida (1980) (Continuing Legal Education outline se- ries) AV Martindale Hubble Rating Alumnus Member, Eugene P. Spellman American Inn of Court 2004, Excellence in Teaching Award, U. of Miami School of Business 2004, 2005 Top Government Lawyer, South Florida Legal Guide Who's Who in American Law Who's Who in America Who's Who in American Education Lecturer, University of Miami L.L.M. Real Property Program Lecturer, Florida Bar, Government Law Section Moderator, Rachlin, Cohen & Holtz, Annual Government Law Symposium Personal: Married to Marilyn C. Dellagloria; two children, Rebecca and Caitlin. 2 Page 263 of 878 APPROVED AS TO FORM & LANGUAGE 7rt & FOR EXECUTION City Attorney Date RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXIMUM PAYMENT OF $750.00, PER CASE. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Historic Preservation Board has been established under City of Miami Beach Code, Section 118-537(b)(3); and WHEREAS, affected parties have the right to seek a review by a Special Master appointed by the City Commission of projects approved by the Historic Preservation Board; and WHEREAS, John Dellagloria, is a uniquely qualified individual, based upon his experience with the City Code, and in particular, with the City's historic preservation code, and as a practicing attorney, and former City of Miami Beach Chief Deputy City Attorney, is able to review decisions rendered by the Historic Preservation Board; and WHEREAS, the City has established compensation for the position at a rate of $150.00, per hour, with a maximum payment of $750.00, per case; and WHEREAS, the City may hire more than one historic preservation special master, and it is important for the City to ensure that the City has more than one historic preservation special master to ensure an unbiased review process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mr. John Dellagloria, is hereby reappointed to serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a one (1) year period, expiring on March 10, 2018 with renewal options and setting his compensation at the base rate of $150.00, per hour, with a maximum payment of $750.00, per case. PASSED AND ADOPTED this 8th day of February 2017. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2017\2 February\City Clerk\John Dellagloria reappointment.docx Page 264 of 878 Resolutions - C7 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE PURCHASE OF REFURBI SHI NG SERVI CES FOR TWO (2) SKYWATCH TOWERS, PURSUANT TO SECTION 2-367(d) OF THE MIAMI BEACH CITY CODE, FOR THE MI AMI BEACH POLICE DEPARTMENT, FROM FLIR SYSTEMS, INC., THE EXCLUSI VE MANUFACTURER AND SELLER FOR SKYWATCH TOWERS, AND AUTHORIZING THE CI TY ADMINI STRATION TO UTI LIZE FLI R SYSTEMS, I NC., I N AN AMOUNT NOT TO EXCEED $140,000. RECOMMENDATION Adopt the Resolution. ANALY SIS In January, 2012 the City of Miami Beach purchased two (2) SkyWatch towers f rom FLI R Systems, Inc. The purchase was made under Government Services Administration (GSA) Contract No. GS-07F-0117U. The towers were purchased in order to achieve the following goals: Enhancement of the Miami Beach Police Department’s (MBPD’s) crime reduction capabilities. Provision of a constant police presence in specific high-crime areas. Increasing public saf ety through proactive means. The SkyWatch towers have now been in service f or approximately f ive (5) years and have accomplished all the above goals. They have proved to be an excellent high-visibility and live monitoring tool. They have also been highly reliable. However, due to their age, constant use and also constant exposure to the elements (wind, sea air, rain etc.), the towers now require ref urbishment and updating. As FLIR Systems, Inc. was the original provider of the SkyWatch towers, it has detailed and unique knowledge of their construction, operating systems, machinery, software and other technical requirements. This knowledge is not available elsewhere. As the exclusive equipment Page 265 of 878 manufacturer and seller of the SkyWatch towers, and as f urther detailed in the two (2) FLI R memos attached, FLI R Systems, I nc. is theref ore the sole option for repair and ref urbishment of this product line. All repairs must be performed at an authorized service center using recommended replacement parts to claim FLIR goods (product) warranty. Theref ore, this item seeks approval to procure ref urbishing services f rom FLIR Systems, Inc., the exclusive manufacturer and seller f or Skywatch towers in the U.S.A.. City Manager's Recommendation Af ter considering the need to maintain operational and maintenance ef f iciencies of the SkyWatch towers, 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 ref urbishing services for two (2) SkyWatch towers from FLIR Systems, Inc., the exclusive manufacturer and seller for SkyWatch towers, and authorizing the City Administration to utilize FLI R Systems, I nc., in an amount not to exceed $140,000. CONCLUSION The refurbishment and updating of the SkyWatch towers will ensure they continue to enhance public safety. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION The maximum total amount will be $140,000. This has been included within the current budget. Amount 1 $116,000 Account 1 302-1110-000674-00-410-596-00-00-00- 60157 Amount 2 $24,000 Account 2 011-1150-000325-20-401-595-00-00-00 Total $140,000 Legislative Tracking Police ATTACHMENTS: Description Reso - form approved FLIR memo 1 FLIR memo 2 Page 266 of 878 ' \ RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE PURCHASE OF REFURBISHING SERVICES FOR TWO (2) SKYWATCH TOWERS, PURSUANT TO SECTION 2-367(d) OF THE MIAMI BEACH CITY CODE, FOR THE MIAMI BEACH POLICE DEPARTMENT, FROM FUR SYSTEMS, INC., THE EXCLUSIVE MANUFACTURER AND SELLER FOR SKYWATCH TOWERS, AND AUTHORIZING THE CITY ADMINISTRATION TO UTILIZE FUR SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED $140,000. WHEREAS, in January, 2012, the City of Miami Beach purchased two (2) SkyWatch towers, including all related equipment, from FLIR Systems, Inc., under Government Services Administration (GSA) Contract No. GS-07F-0117U; and WHEREAS, the SkyWatch towers were purchased with the primary goals of enhancing the Miami Beach Police Department's crime reduction capabilities, providing a constant police presence in specific high-crime areas and increasing public safety through proactive means; and WHEREAS, the SkyWatch towers have, since their inception, achieved all the goals for which they were purchased, and have also been highly reliable; and WHEREAS, the SkyWatch towers have now been in service for five (5) years and therefore require refurbishing and updating to ensure they continue to perform the functions for which they were originally purchased; and WHEREAS, FLIR Systems, Inc. was the original provider of the SkyWatch towers and therefore has an intimate knowledge of their construction, operating systems, machinery, software and other technical requirements; and WHEREAS, this knowledge, in relation to these specific SkyWatch tQI,\/(3r~. is not available elsewhere and, as the exclusive equipment manufacturer and seller of the SkyWatch towers, FLIR Systems, Inc. is therefore the sole option for repair and refurbishment of this product line; and WHEREAS, the City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve, pursuant to Section 2-367(d) of the Miami Beach City Code, the purchase of refurbishing services for two (2) Skywatch towers for the Miami Beach Police Department, from FLIR Systems, Inc., in an amount not to exceed $140,000. Page 267 of 878 NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve, as a sole source purchase pursuant to Section 2-367(d) of the Miami Beach City Code, the purchase of refurbishing services for two (2) SkyWatch towers from FUR Systems, Inc., the exclusive manufacturer and seller for SkyWatch towers, in an amount not to exceed $140,000. PASSED and ADOPTED this __ day of FEBRUARY, 2017. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED MiJ TO FORM & LANGUAG&. & FOR EXECUTION d..Q.c)-\ ·l1-~~ City Attorne~ Dote Page 268 of 878 27700 SW Parkway Avenue, Wilsonville, OR 97070 USA [T] 503.498.3547 [T] 800.322.3731 [F] 503.498.3911 www.flir.com January 24, 2017 Memo To: Lieutenant Steve Feldman/Miami Beach Police Department From: Howard Schemer/FLIR In Re: Sole Source Memo Dear Lieutenant Feldman: Please accept this letter as verification as Sole Source Original Equipment Manufacturer and seller of the SkyWatch Tower here in the U.S.A. SkyWatch is an exclusive product line manufactured by FLIR Detection, Incorporated, a division of FLIR Systems Inc. In addition, the unit you have included a FLIR Ranger UC Defend IR Thermal Day PTZ Camera. This camera is manufactured by our parent company, FLIR, Inc. All of the proprietary wiring as well configuration was designed by FLIR Detection Inc. The SkyWatch tower is a mobile, platform based surveillance tower that elevates to 25 feet and is deployed by the DOD, Law Enforcement Agencies, US Customs and Border Protection for applications that include: Emergency Response, Flight Line Protection, Perimeter and High Crime Surveillance, Crowd Control, Special Events (i.e. Air Shows, VIP Protection, etc.), and more. In order to distinguish the SkyWatch product within the market place, the following distinguishable Salient Characteristics are listed below for the SkyWatch Two Person Frontier Model you are considering: SkyWatch Frontier Two Man Model Salient Characteristics • Arched ascent and descent (non-scissor lift) system – • 25 foot vantage point (eye level in cab) • Ground level accessibility • No tethering needed – stable in winds up to 40 mph; tethering points for higher velocities • Dual hydraulic pump system • Steel Cab • Shore power or diesel generator power operation • 90+ Gallon Fuel Tank (5 Day Run Time) • Solar panel for drip charge to start battery • References available throughout US Military, Law Enforcement Agencies, US Customs and Border Protection, etc. Other Important Considerations • Deployed Width - Outriggers Set 16ft • Tinted Windows • Steel Outriggers • Steel Trailer • Weight Capacity in cab 800 pounds • Digital Wind Speed Meter • 4 Roof Mounted Flood Lights Page 269 of 878 27700 SW Parkway Avenue, Wilsonville, OR 97070 USA [T] 503.498.3547 [T] 800.322.3731 [F] 503.498.3911 www.flir.com • Electrical Outlets in Cab and Operational Compartment • Climate Controlled (Heat & AC) • 2 Swivel Chair • One 12V outlet • 5K Dual Axle 15” Single Wheel • Hydraulic Cylinders – 60” Stroke - 3.5 in • Fail safe hydraulic system with electric and manual ascent and descent controls inside cab and in operational compartment. Company Relevant Experience • Over 900 Units Deployed since 2002. • Heavily Used By US Military, Law Enforcement Agencies, US Customs and Border Protection • 20 Year Product Development History Page 270 of 878 27700 SW Parkway Avenue, Wilsonville, OR 97070 USA [T] 503.498.3547 [T] 800.322.3731 [F] 503.498.3911 www.flir.com January 27, 2017 Memo To: Lieutenant Steve Feldman/Miami Beach Police Department From: Howard Schemer/FLIR In Re: Sole Source Memo Dear Lieutenant Feldman: Per your request I am providing this additional information to support your sole source justification/award of a purchase order to our company FLIR Systems for the refurbishment of two FLIR SkyWatch™ units previously procured by your department from FLIR. FLIR Systems is the only provider of the services capable of refurbishing the units to the full, original specifications because: - The design of the SkyWatch™ units and product line are proprietary and owned by FLIR. - FLIR is the only manufacturer and sole source of supply of SkyWatch™ units. - Refurbishment of the units to the original specification require access to and use of design drawings, specifications and other product knowledge which is proprietary to and owned by FLIR. This knowledge is not currently shared with or available to other providers of refurbishment services. - The unit must be refurbished to original specifications by trained technician, assembly and test personnel, only available at FLIR, to warranty the performance and workmanship of the refurbished units. The SkyWatch towers your presently own are a mobile, platform based surveillance tower that elevates to 25 feet and is deployed by the DOD, Law Enforcement Agencies, US Customs and Border Protection for applications that include: Emergency Response, Flight Line Protection, Perimeter and High Crime Surveillance, Crowd Control, Special Events (i.e. Air Shows, VIP Protection, etc.), and more. In order to distinguish the SkyWatch product within the market place, the following distinguishable Salient Characteristics are listed below for the SkyWatch Two Person Frontier Model you are considering: SkyWatch Frontier Two Man Model Salient Characteristics • Arched ascent and descent (non-scissor lift) system – • 25 foot vantage point (eye level in cab) • Ground level accessibility • No tethering needed – stable in winds up to 40 mph; tethering points for higher velocities • Dual hydraulic pump system • Steel Cab • Shore power or diesel generator power operation • 90+ Gallon Fuel Tank (5 Day Run Time) • Solar panel for drip charge to start battery • References available throughout US Military, Law Enforcement Agencies, US Customs and Border Protection, etc. Other Important Considerations • Deployed Width - Outriggers Set 16ft Page 271 of 878 27700 SW Parkway Avenue, Wilsonville, OR 97070 USA [T] 503.498.3547 [T] 800.322.3731 [F] 503.498.3911 www.flir.com • Tinted Windows • Steel Outriggers • Steel Trailer • Weight Capacity in cab 800 pounds • Digital Wind Speed Meter • 4 Roof Mounted Flood Lights • Electrical Outlets in Cab and Operational Compartment • Climate Controlled (Heat & AC) • 2 Swivel Chair • One 12V outlet • 5K Dual Axle 15” Single Wheel • Hydraulic Cylinders – 60” Stroke - 3.5 in • Fail safe hydraulic system with electric and manual ascent and descent controls inside cab and in operational compartment. Company Relevant Experience • Over 900 Units Deployed since 2002. • Heavily Used By US Military, Law Enforcement Agencies, US Customs and Border Protection • 20 Year Product Development History I hope the above information provides you what you and Miami Beach require to move forward with you procurement of the refurbishment of your units. If you require anything further please do not hesitate to call or email me. Respectfully, Howard Schemer Director, SkyWatch Sales FLIR Systems, Inc. Page 272 of 878 Resolutions - C7 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, AUTHORI ZI NG THE CI TY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE UNI TED STATES MARSHALS SERVI CE, WHICH SERVES TO EXTEND THE PARTICIPATI ON OF THE MIAMI BEACH POLICE DEPARTMENT, FOR THE PURPOSE OF LOCATING AND APPREHENDING FUGITIVES IN AN EFFORT TO REDUCE VI OLENT CRI ME. RECOMMENDATION Adopt the Resolution. ANALY SIS On December 19, 2000, the Presidential Threat Protection Act of 2000 was enacted to enable the United States Justice Department, through the United States Marshals Service, to establish permanent Regional Fugitive Task Forces in order to locate and apprehend fugitives with active Federal and state arrest warrants. The City of Miami Beach, on behalf of the Miami Beach Police Department (MBPD), has a Memorandum of Understanding (MOU) with the United States Marshals Service to enable the MBPD to be a member agency of the South Florida Regional Fugitive Task Force, and a detective is assigned to the Task Force. This MOU was approved by the City Commission on September 15, 2010, and now requires renewal. The United States Marshals Service will continue to provide the MBPD with a vehicle f or use by the assigned detective, and, pending the availability of funding, will reimburse the MBPD for overtime costs consistent with the Fair Labor Standards Act, travel expenses and investigative costs that are incurred by the detective in locating and apprehending fugitives. CONCLUSION The MOU will benefit the City of Miami Beach. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness Page 273 of 878 Legislative Tracking Police ATTACHMENTS: Description Reso - form approved Page 274 of 878 RESOLUTION NO. ________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE UNITED STATES MARSHALS SERVICE, WHICH SERVES TO EXTEND THE PARTICIPATION OF THE MIAMI BEACH POLICE DEPARTMENT, FOR THE PURPOSE OF LOCATING AND APPREHENDING FUGITIVES IN AN EFFORT TO REDUCE VIOLENT CRIME. · WHEREAS, on December 19, 2000, the Presidential Threat Protection Act of 2000 was enacted to enable the United States Justice Department, through the United States Marshals Service, to establish permanent Regional Fugitiv~ Task Forces consisting of Federal, state and local law enforcement agencies in designated regions of the United States; and WHEREAS, a detective of the Miami Beach Police Department is assigned to the Regional Fugitive Task Force, and is working in conjunction with Federal, state and other local law enforcement personnel in locating and apprehending fugitives in the City of Miami Beach and South Florida; and WHEREAS, it is a known fact that fugitives and persons who have active Federal and state arrest warrants frequent the South Florida area, including the City of Miami Beach; and WHEREAS, on September 15, 2010, the Miami Beach City Commission authorized the City Manager and City Clerk to execute a Memorandum of Understanding between the City of Miami Beach, on behalf of the Miami Beach Police Department, and the United States Marshals Service, which must now be renewed to allow the Miami Beach Police Department to continue as a member agency of the Regional Fugitive Task Force; and WHEREAS, the United States Marshals Service will continue to provide the Miami Beach Police Department a vehicle that will be utilized by a detective of the Miami Beach Police Department, and will reimburse the Miami Beach Police Department for overtime costs consistent with the Fair Labor Standards Act, travel expenses and investigative costs that are incurred by the detective in locating and apprehending fugitives, pending the availability of funding; and WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, and the United States Marshals Service wish to extend the Memorandum of Understanding and the participation of the Miami Beach Police Department in the Regional Fugitive Task Force. Page 275 of 878 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City Manager and City Clerk to execute a Memorandum of Understanding between the City of Miami Beach, on behalf of the Miami Beach Police Department, and the United States Marshals Service, which serves to extend the participation of the Miami Beach Police Department, for the purpose of locating and apprehending fugitives in an effort to reduce violent crime. PASSED and ADOPTED this ____ day of February, 2017. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO · FORM & LANGUAGE- & FOR EXECUTION ~~Pv !(7ft; City Att&lY .N\f\~ Dote Page 276 of 878 Re solutions - C7 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFI CATI ONS (RFQ) NO. RFQ 2017-003-KB FOR ARCHITECTURAL AND ENGINEERI NG DESI GN SERVICES FOR THE 1ST STREET (ALTON ROAD TO WASHINGTON AVE) PROJECT; AUTHORIZING THE ADMINISTRATI ON TO ENTER INTO NEGOTIATIONS WITH WADE TRI M, INC., AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINI STRATI ON NOT BE SUCCESSFUL I N NEGOTIATING AN AGREEMENT W I TH WADE TRIM, INC., AUTHORI ZING THE ADMINI STRATION TO ENTER I NTO NEGOTIATIONS WITH HAZEN AND SAWYER, AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE ADMINI STRATION NOT BE SUCCESSFUL I N NEGOTI ATI NG AN AGREEMENT W I TH HAZEN AND SAWYER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTI ATIONS W I TH KIMLEY-HORN AND ASSOCIATES, INC. , AS THE THI RD HI GHEST RANKED PROPOSER; AND FURTHER AUTHORI ZI NG THE MAYOR AND CI TY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATI ON. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Public Works / Procurement ATTACHMENTS: Description Attachment A: Evaluation Committee Scoring and Ranking Resolution Page 277 of 878 Page 278 of 878 REQUEST FOR QUALIFICATIONS (RFQ) 2017-003-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES 1ST STREET (ALTON ROAD TO WASHINGTON AVE)Eric Arencibia Ranking Sabrina BaglieriRanking Michael Barrineau Ranking Clare McCord Ranking Igor Vassiliev Ranking LOW AGGREGATE TOTALS Rank 300 Engineering Group, P.A.83 6 70 6 75 4 80 6 60 6 28 6 Chen Moore & Associates 87 5 93 3 60 5 90 4 70 5 22 4 The Corradino Group 88 4 80 4 55 6 85 5 75 3 22 4 Hazen and Sawyer 98 2 98 2 95 2 98 2 90 2 10 2 Kimley-Horn and Associates, Inc. 90 3 80 4 80 3 93 3 75 3 16 3 Wade Trim 102 1 101 1 105 1 105 1 102 1 5 1 Page 279 of 878 RESOLUTION NO. 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 QUALIFICATIONS (RFQ) NO. RFQ 2017-003-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE 1ST STREET (ALTON ROAD TO WASHINGTON AVE) PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WADE TRIM, INC., AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH WADE TRIM, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HAZEN AND SAWYER, AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH HAZEN AND SAWYER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KIMLEY-HORN AND ASSOCIATES, INC. , AS THE THIRD HIGHEST RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on October 19, 2016, the City Commission approved the issuance of Request for Qualifications (RFQ) No. 2017-003-KB for Architectural and Engineering Design Services for the 1st Street (Alton Road to Washington Ave) Project; and WHEREAS, Request for Qualifications No. 2017-003-KB (the "RFQ") was released on October 24, 2016; and WHEREAS, a voluntary pre-proposal meeting was held on November 3, 2016; and WHEREAS, on December 9, 2016, the City received a total of six (6) proposals; and WHEREAS, the Committee convened on January 18, 2017 to review and score the remaining proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Committee's ranking was as follows: Wade Trim, Inc., as the first- ranked proposer; Hazen and Sawyer, as the second-ranked proposer; Kimley-Horn and Associates, Inc. as the third-ranked proposer; Chen Moore and Associates and The Corradino Group tied as the fourth-ranked proposer; and 300 Engineering Group, P.A. as the sixth-ranked proposer; and WHEREAS, after reviewing the qualifications of each firm, and having considered the Evaluation Committee's comments and rankings, the City Manager has recommended that the Mayor and the City Commission authorize the Administration to enter into negotiations with Wade Trim, Inc., as the top ranked proposer; and, should negotiations with Wade Trim, Inc. not be successful, authorizing the Administration to enter into negotiations with Hazen and Sawyer, as the second-ranked proposer; and, should negotiations with Hazen and Sawyer not be Page 280 of 878 successful, authorizing the Administration to enter into negotiations with Kimley-Horn and Associates, Inc., as the third highest ranked proposer. 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 accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications (RFQ) No. 2017-003-KB for Architectural and Engineering Design Services for the 1st Street (Alton Road to Washington Ave) Project; authorize the Administration to enter into negotiations with Wade Trim, Inc., as the top ranked proposer; further, should the Administration not be successful in negotiating an agreement with Wade Trim, Inc., authorize the Administration to enter into negotiations with Hazen and Sawyer, as the second highest ranked proposer; further, should the Administration not be successful in negotiating an agreement with Hazen and Sawyer, authorize the Administration to enter into negotiations with Kimley-Horn and Associates, Inc., as the third highest ranked proposer; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this day of 2017. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk TAAGENDA\2017\2 - February\Procurement Department\RFQ 2017-003-KB Design 1st Street\RFQ-2016-003-KB Design 1st Street - Resolution (1).doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney RA f Date Page 281 of 878 Resolutions - C7 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATI ONS (RFQ) NO. 2017- 037-KB FOR ROOFING CONSULTANT SERVICES; AUTHORI ZI NG THE ADMINI STRATION TO ENTER I NTO NEGOTIATIONS WITH THE TOP THREE (3) RANKED PROPOSERS, ROOF MANAGEMENT SOLUTIONS, LLC; INTERTEK- PROFESSI ONAL SERVICE I NDUSTRIES, INC.; AND WISS, JANNEY, ELSTNER ASSOCIATES, INC., AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W I TH EACH OF THE PROPOSERS, UPON CONCLUSION OF SUCCESSFUL NEGOTI ATI ONS BY THE ADMINI STRATION. RECOMMENDATION Adopt the Resolution. ANALY SIS Roofing consulting services are essential to the Administration’s ability to establish a roof system evaluation program, capital planning and preventative maintenance services, as well as establish standards for repairs, replacements and maintenance. The Administration solicited proposals from qualified firms to assist Property Management staff in evaluating the condition of roofs at various municipal f acilities, as well as assist in the development of competitive specifications, bid review, project management and warranty tracking of major roof repairs or replacement projects. RFQ PROCESS On November 9, 2016, the City Commission approved the issuance of Request for Qualif ications (RFQ) No. 2017-037-KB f or Roofing Consultant Services. On November 10, 2016, the RFQ was issued. A voluntary pre-proposal conf erence to provide info rmation to the proposers submitting was held on November 23, 2016. RFQ responses were due and received on December 29, 2016. The City received a total of seven (7) proposals. The City received proposals f rom the following f irms: Roof Management Solutions, LLC, I ntertek-Professional Service I ndustries, Inc., Wiss, Janney, Elstner Associates, I nc., Bluefin LLC, RJH Associates, Inc., Alleguez Architecture, I nc., and ECS Florida, LLC. Page 282 of 878 The proposal f or Alleguez Architecture, Inc., failed to provide a statement affirming that the proposer is independent and not, in any way, associated (wholly held, subsidiary, distributor, manufacturer’s representative, etc.) with a specific manufacturer of roof ing materials or supplies; and, was deemed non-responsive for failure to meet the minimum requirements of the RFQ. The Evaluation Committee appointed by the City Manager pursuant to LTC# 006-2017 convened on January 13, 2017 to consider the responsive proposals received. The Committee was comprised of the f ollowing individuals: · Jose Del Risco, Assistant Director, Parks and Recreation Department, City of Miami Beach · Adrian Morales, I nterim Director, Property Management, City of Miami Beach · Diego Lopez-Medina, Capital Projects Coordinator, CIP, City of Miami Beach The following individuals were appointed as alternates: · Jorge Guanchez, Construction Manager, Property Management, City of Miami Beach · Francisco Garcia, Construction Manager, Property Management, City of Miami Beach · Ardeshir Mahtabfar, Capital Projects Coordinator, CI P, City of Miami Beach · Oniel Toledo, Project Coordinator, Parks and Recreation Department, City of Miami Beach The Committee was provided an overview of the project, information relative to the City’s Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A. M ANAGER’S DUE DILIGENCE & RECOM M ENDAT ION Af ter reviewing all the submissions, and the results of the evaluation process, it is determined to be in the best interest of the City to establish a pool of qualified roof ing consultants comprised of the top three (3) ranked proposers to provide roof ing consultant services, on an as needed basis. The City Manager recommends that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with the top three (3) ranked proposers, Roof Management Solutions, LLC, the highest-ranked proposer; I ntertek- Professional Service Industries, Inc., the second highest-ranked proposer; and Wiss, Janney, Elstner Associates, Inc., the third highest-ranked proposer. The following is a brief summary of the qualifications of each recommended f irm: Roof M anagement Solutions, LLC (RM S) Roof Management Solutions, LLC is a respected and successful roof consulting and project management firm. Based out of Deerfield Beach, FL, Roof Management Solutions, LLC has Page 283 of 878 spent the past 20 years providing expert, individualized roof ing consulting, inspection, and Total Quality services. I n 2009, RMS expanded to include the total building exterior envelope (windows, walls, and fascia). Our f irm has also expanded into expert witness work in areas where roofing and waterproof ing system failure results in litigation. Our goal is to provide a total “team approach” of bringing together qualif ied consultants, top tier sub-consultants/testing firms (including our own inf rared imaging expertise), roofing and waterproof ing manuf acturers, and roofing/waterproof ing clients to solve the moisture intrusion issues that affect all buildings in Florida. Intertek-Professional Service Industries, Inc. (PSI) PSI is a nationally recognized consulting, engineering and testing firm providing integrated services in several disciplines, including roof ing, building envelope, geotechnical engineering, construction materials testing and engineering, facilities engineering and consulting, environmental consulting, asbestos management and industrial hygiene. PSI is a leader among the nation's independent testing organizations and ranks among the largest consulting engineering firms in the country. PSI has been providing business and industry with objective, accurate and usef ul information for more than 135 years. PSI has been providing roof ing consulting/building envelope related consulting services for more than 40 years. PSI has performed this type of consulting for a variety of different clients and construction types. As part of our building envelope team, PSI retains registered architects, professional engineers, registered roof observers (RRO), registered roof consultants (RRC) as well as LEED AP staf f . PSI is prof icient in the production and/or review of building envelope related plans, specifications and system submittals; in the perf ormance of envelope inspections of new or existing buildings and envelope remediation design including full roof design and testing. Wiss, Janney, Elstner Associates, Inc. (WJE) As a company, Wiss, Janney, Elstner Associates (WJE) has been providing roofing consulting services throughout the United States since the early 1960’s. I n Florida, WJE has been providing f ull Architectural and Engineering Services since the 1970’s; this includes full service roof consulting, including investigative services, survey of buildings and design for replacement of existing roof ing with construction contract administration to oversee the implementation of the roofing designs. W JE’s experience in building diagnostics is based on a sound understanding of the behavior and performance of materials, which is supported by technical expertise in testing, instrumentation, and monitoring. The W JE in-house laboratories offer state-of-the-art structural and materials test facilities and equipment for construction-related investigations, instrumentation, and research. W JE’s experienced laboratory personnel are recognized leaders in perf orming analyses and evaluations of construction-related materials, including chemical analysis, petrographic studies, and other materials and structural laboratory evaluation techniques. CONCLUSION Af ter reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with the top three (3) ranked proposers, Roof Management Solutions, LLC, the highest ranked proposer; I ntertek-Professional Service Page 284 of 878 Industries, Inc., the second highest-ranked proposer; and W iss, Janney, Elstner Associates, Inc., the third highest-ranked proposer; and f urther authorize the Mayor and City Clerk to execute an agreement, upon conclusion of successf ul negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Grant f unding will not be utilized for this project. Legislative Tracking Property Management / Procurement ATTACHMENTS: Description Attachment A Final Ranking Resolution Page 285 of 878 Request For Qualifications (RFQ) No. 2017-037-KB, For Roofing Consultant Services February 8, 2017 Page 4 ATTACHMENT A 2017-037-KB Evaluation Committee Final Ranking REQUEST FOR QUALIFICATIONS (RFQ) 2017-037-KB ROOFING CONSULTANT SERVICES JoseDelRiscoRanking AdrianMoralesRanking DiegoLopez-MedinaRanking LOW AGGREGATE TOTALS Rank Roof Management Solutions , LLC 85 2 91 1 95 1 4 1 Intertek-Professional Service Industries, Inc.83 3 87 2 95 1 6 2 Wiss, Janney, Elstner Associates, Inc.95 1 84 4 85 4 9 3 Bluefin LLC 80 4 86 3 90 3 10 4 ECS Florida, LLC 70 5 83 6 80 5 16 5 RJH Associates, Inc.65 6 84 4 75 6 16 5 Page 286 of 878 RESOLUTION NO. 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 QUALIFICATIONS (RFQ) NO. 2017-037-KB FOR ROOFING CONSULTANT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP THREE (3) RANKED PROPOSERS, ROOF MANAGEMENT SOLUTIONS, LLC; INTERTEK-PROFESSIONAL SERVICE INDUSTRIES, INC.; AND WISS, JANNEY, ELSTNER ASSOCIATES, INC., AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EACH OF THE PROPOSERS, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on November 9, 2016, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) 2017-037-KB for Roofing Consultant Services; and WHEREAS, the RFQ was issued on November 10, 2016, with an opening date of December 29, 2016; and WHEREAS, a voluntary pre-proposal meeting was held on November 23, 2016; and WHEREAS, on December 29, 2016, the City received a total of seven (7) proposals; and WHEREAS, the proposal received from Alleguez Architecture, Inc., was deemed non- responsive for failure to meet the minimum requirements of the RFQ; and WHEREAS, on December 29, 2016 the City Manager via Letter to Commission (LTC) No. 006-2017, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Jose Del Risco, Assistant Director, Parks and Recreation Department, City of Miami Beach • Adrian Morales, Interim Director, Property Management, City of Miami Beach • Diego Lopez-Medina, Capital Projects Coordinator, CIP, City of Miami Beach The following individuals were appointed as alternates: • Jorge Guanchez, Construction Manager, Property Management, City of Miami Beach • Francisco Garcia, Construction Manager, Property Management, City of Miami Beach • Ardeshir Mahtabfar, Capital Projects Coordinator, CIP, City of Miami Beach • Oniel Toledo, Project Coordinator, Parks and Recreation Department, City of Miami Beach WHEREAS, the Committee, comprised of Jose Del Risco, Adrian Morales, and Diego Lopez-Medina, convened to consider the proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information Page 287 of 878 on the scope of services, and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking was as follows: Roof Management Solutions, LLC, as the first-ranked proposer; Intertek-Professional Service Industries, Inc., as the second- ranked proposer; Wiss, Janney, Elstner Associates, Inc., as the third-ranked proposer; Bluefin LLC, as the fourth-ranked proposer; and both RJH Associates, Inc., and ECS Florida, LLC, as tied for fifth-ranked proposer. WHEREAS, 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 authorizing the Administration to enter into negotiations with the top three (3) ranked proposers, Roof Management Solutions, LLC, the highest-ranked proposer; Intertek- Professional Service Industries, Inc., the second highest-ranked proposer; and Wiss, Janney, Elstner Associates, Inc., the third highest-ranked proposer. 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 accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2017-037-KB (the RFQ), Roofing Consultant Services; authorize the Administration to enter into negotiations with the top three (3) ranked proposers, Roof Management Solutions, LLC; Intertek-Professional Service Industries, Inc.; and, Wiss, Janney, Elstner Associates, Inc.; and further authorize the Mayor and City Clerk to execute an agreement with each of the proposers, upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this day of 2017. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk T:\AGENDA\2017\2 - February\Procurement Department\RFQ 2017-037-KB Roofing Consultant Services\RFQ- 2017-037-KB-Roofing Consultant Services-Reso.doo APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney S2 /\(' Date Page 288 of 878 Re solutions - C7 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER TO UTILI ZE CONTRACT NO. FSA16-VEF12.0, SPEC. #13, WITH THE FLORIDA SHERIFFS ASSOCI ATI ON, FOR THE PURCHASE OF ONE (1) PI ERCE AERIAL PLATFORM FROM TEN-8 FIRE EQUIPMENT, I NC., IN THE AMOUNT OF $993,498.40, TO REPLACE THE EXISTI NG UNI T WHI CH HAS EXCEEDED ITS USEFUL LI FE. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. ANALY SIS The Fleet Management Division provides vehicles and equipment for all City of Miami Beach Departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted f or f unding approval during the City’s budget process each fiscal year. Replacement considerations are based on a combination of f actors that include age, condition, maintenance/repair/collision expenses and operating environment. The list of replacement vehicles and equipment as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City commission during the annual budget process. Upon approval of f unds, the City has historically pursued the purchase of Fire Rescue vehicles through a competitively awarded contract by the Florida Sherif f s Association (FSA). The FSA competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state-wide, for use by agencies and political sub-divisions in the State. The FSA f ounded in 1893 to promote ef f ective public safety and law enf orcement programs, is one of the largest law enf orcement associations in the nation. The FSA has staff dedicated to the complex tasks of developing specif ications, aggregating volume f rom agencies across the state, competitively soliciting awards, and managing contracts used by most public agencies in the State for the purchase of vehicles. The FSA program was also established in conjunction with the Florida Fire Chiefs Association (FFCA) and base model specifications are developed by a team of fire service professionals selected by the FFCA. This team develops minimum specifications, quality standards, and service requirements that all bidders must meet. Once the bids are submitted, the team reviews all bid packages and posts a recommended award based Page 289 of 878 upon competitive prices and qualif ications. Through the use of Contract FSA16-VEF12.0, Spec. #13, for this budgeted Fiscal Year 2015/16 vehicle replacement, the City benefits from the expertise, staff resources, and the leveraged buying power of the FSA, resulting in cost- ef f ective vehicle purchases. The Pierce aerial platf orm, model 100’ Arrow XT PUC, will replace unit #002-8, a 2001 Pierce aerial platform. Recommended front line service time for aerial platforms is 15 years. Unit #002- 8 w i l l h a v e b e e n in service f or nearly 17 years, as a front line vehicle, by the time the new replacement unit is received and placed into service. The u n i t ’s o d o m e t e r r e a d i n g i s a p p r o a c h i n g 5 0 ,0 0 0 driven miles and the current l i f e -t o -d a t e engine hours are nearly 7,000. The calculated equivalent mileage - based on engine hours – is in excess of 160,000. On November 15, 2016, unit #002-8 underwent an annual NDT (nondestructive testing) required inspection (project l6FES20785), by Underwriters Laboratories (UL). The test program was conducted in accordance with the applicable provisions of Chapter 19 of the National Fire Protection Association (NFPA). Certain non-compliant conditions found during the inspection, and identif ied in the test program report, ar e currently being repaired. Upon completion of the repairs, and a successf ul re-inspection, UL will issue a certif icate of compliance. T he lif e-to-date maintenance and repair costs approaching $300,000 f or unit #002-8 represent over 40% of the original cost for this vehicle. The opportunity to of f er unit #002-8 as a trade-in, in the negotiated amount of $165,000 will reduce the acquisition cost of its replacement to $993,498.40. The replacement aerial platform is being purchased from the same manufacturer (Pierce) of unit #002-8 to promote consistency in the f leet and standardize operations. This uniformity shortens response and training times on the vehicles, for both operators and maintenance personnel, and also reduces the need to maintain additional parts in inventory from dif f erent manuf acturers. Dozens of State of Florida municipalities and counties utilize FSA contracts for the purchase of Pierce firef ighting equipment. The Miami Beach Fire Department is currently only one of a limited number of fire departments nationwide that hold both Class 1 rating from the National Insurance Office [I SO] and International Accreditation f rom the Center for Public Saf ety Excellence. Achieving these ratings has lowered the cost of fire insurance premiums f or the residents of Miami Beach. The purchase of the new equipment will allow the Fire Department to maintain the same number of vehicles in its fleet and continue its Class 1 and International Accreditation ratings. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION Fleet Management Fund, previously appropriated in the FY 2015/16 Capital Budget (Account No. 510-1780-000673): $993,498.40 Amount 1 $993,498.40 Account 1 510-1780-000673 Page 290 of 878 Total $993,498.40 Legislative Tracking Fleet Management ATTACHMENTS: Description Attachment 1 - FSA Notice of Award, Contract FSA16-VEF12.0 Attachment 2 - Ten-8 Fire Equipment Inc. / Pierce Quote Resolution Page 291 of 878 Page 292 of 878 Page 293 of 878 Page 294 of 878 Page 295 of 878 Page 296 of 878 Page 297 of 878 Page 298 of 878 Page 299 of 878 Page 300 of 878 Page 301 of 878 City Attorney :0 ;4 Dote RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #13, WITH THE FLORIDA SHERIFFS ASSOCIATION, FOR THE PURCHASE OF ONE (1) PIERCE AERIAL PLATFORM FROM TEN-8 FIRE EQUIPMENT, INC., IN THE AMOUNT OF $993,498.40, TO REPLACE THE EXISTING UNIT WHICH HAS EXCEEDED ITS USEFUL LIFE. WHEREAS, upon approval of funds, the City has historically pursued the purchase of Fire Rescue vehicles through competitively awarded contracts by the Florida Sheriffs Association (FSA); and WHEREAS, the FSA also competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state-wide, for use by various agencies and political subdivisions in the State; and WHEREAS, the City benefits from the expertise, staff resources, and the leveraged buying power of the FSA, resulting in cost-effective vehicle purchases; and WHEREAS, the City needs to replace a Pierce Aerial Platform (Unit 002-8) that was placed into service in 2001 and is no longer cost effective to maintain and operate; and WHEREAS, the Pierce Aerial Platform unit is two years past its recommended reserve service time of 15 years front line: and WHEREAS, the Administration recommends that the City Manager be authorized to utilize Contract No. FSA16-VEF12.0, Spec. #13, with the FSA for the purchase of one (1) Pierce Aerial Platform, 100' Arrow XT PUC Platform-632, from Ten-8 Fire Equipment, Inc., in the amount of $993,498.40 to replace the existing unit; and WHEREAS, The purchase of the new equipment will allow the Fire Department to maintain the same number of vehicles in its fleet and continue its Class 1 and International Accreditation ratings. 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 and authorize the City Manager to utilize Contract No. FSA16- VEF12.0, Spec. #13, with the Florida Sheriffs Association for the purchase of a Pierce Aerial Platform, in the amount of $993,498.40, to replace the existing unit which has exceeded its useful life. PASSED AND ADOPTED THIS DAY OF 2017. ATTEST: CITY CLERK MAYOR TAAGENDPA201712 - FebruanAFIeet & FireVNerial Platform\Fleet - Aerial Platform RESO 2017-02-08.docx APPROVED AS TO FORM & LANGUAGE & FOR E CUTION irl Page 302 of 878 Resolutions - C7 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER TO UTILI ZE CONTRACT NO. FSA16-VEF12.0, SPEC. #03, WITH THE FLORI DA SHERIFFS ASSOCI ATI ON, FOR THE PURCHASE OF THREE (3) 2017 HORTON MODEL 623 RESCUE TRANSPORT UNI TS FROM HALL-MARK RTC, I N THE TOTAL AMOUNT OF $932,884.50, TO REPLACE THREE EXISTING UNITS W HICH HAVE EXCEEDED THEI R USEFUL LIFE. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. ANALY SIS The Fleet Management Division provides vehicles and equipment for all City of Miami Beach Departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted f or f unding approval during the City’s budget process each fiscal year. Replacement considerations are based on a combination of f actors that include age, condition, maintenance/repair/collision expenses and operating environment. The list of replacement vehicles and equipment as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City commission during the annual budget process. Upon approval of f unds, the City has historically pursued the purchase of Fire Rescue vehicles through a competitively awarded contract by the Florida Sherif f s Association (FSA). The FSA competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state-wide, for use by agencies and political sub-divisions in the State. The FSA f ounded in 1893 to promote effective public saf ety and law enf orcement programs, is one of the largest law enforcement associations in the nation. The FSA has staf f dedicated to the complex tasks of developing specif ications, aggregating volume from agencies across the state, competitively soliciting awards, and managing contracts used by most public agencies in the State f or the purchase of vehicles. The FSA program was also established in conjunction with the Florida Fire Chiefs Association (FFCA) and base model specifications are developed by a team of fire service prof essionals selected by the FFCA. This team develops minimum specif ications, quality standards, and service requirements that all Page 303 of 878 bidders must meet. Once the bids are submitted, the team reviews all bid packages and posts a recommended award based upon competitive prices and qualif ications. Through the use of Contract FSA16-VEF12.0, Spec. #3, f or this budgeted Fiscal Year 2015/16 vehicle replacement, the City benefits f rom the expertise, staf f resources, and the leveraged buying power of the FSA, resulting in cost-effective vehicle purchases. The three Horton Model 623 Rescue Transport Units, mounted on a Freightliner M2 chassis, will replace units #1023, #1024, and #1025, three 2005 MEDTEC Ambulances mounted on a 2005 International 4300 chassis. All three units were placed in service in March of 2005. Unit #1023 is not in service due to structural damage to the ambulance module. Recommended f ront line front line service time for rescue vans is 10 years. Units #1024 and #1025 are presently in service as active reserve units and will have been in service for nearly 13 years, by the time the new replacement unit is received and placed into service. The average lif e-to-date odometer reading and engine hours for these vehicles are in excess of 126,000 miles and approximately 16,000 hours, respectively. The average calculated equivalent mileage - based on engine hours – is approximately 350,000. The average life-to-date maintenance and repair costs of these vehicles have exceeded their original cost. The opportunity to offer three units as trade-ins will reduce the combined acquisition cost of the three new units to $932,884.50. The Miami Beach Fire Department is currently only one of a limited number of fire departments nationwide that hold both Class 1 rating from the National Insurance Office [I SO] and International Accreditation f rom the Center for Public Saf ety Excellence. The purchase of the new equipment will allow the Fire Department to help maintain its Class 1 and International Accreditation ratings. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION Fleet Management Fund, previously appropriated in the FY 2015/16 Capital Budget (Account No. 510-1780-000673): $932,884.50 Amount 1 $932,884.50 Account 1 510-1780-000673 Total $932,884.50 Legislative Tracking Fleet Management ATTACHMENTS: Description Attachment 1 - FSA Notice of Award, Contract FSA16-VEF12.0 Attachment 2 - Hall-Mark RTC Quote Page 304 of 878 Resolution Page 305 of 878 Page 306 of 878 Page 307 of 878 Page 308 of 878 Page 309 of 878 Page 310 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #03, WITH THE FLORIDA SHERIFFS ASSOCIATION, FOR THE PURCHASE OF THREE (3) 2017 HORTON MODEL 623 RESCUE TRANSPORT UNITS FROM HALL-MARK RTC, IN THE TOTAL AMOUNT OF $932,884.50, TO REPLACE THREE EXISTING UNITS WHICH HAVE EXCEEDED THEIR USEFUL LIFE. WHEREAS, upon approval of funds, the City has historically pursued the purchase of Fire Rescue vehicles through competitively awarded contracts by the Florida Sheriffs Association (FSA); and WHEREAS, the FSA also competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state-wide, for use by various agencies and political subdivisions in the State; and WHEREAS, the City benefits from the expertise, staff resources, and the leveraged buying power of the FSA, resulting in cost-effective vehicle purchases; and WHEREAS, the City needs to replace three MEDTEC ambulances that were placed into service in 2005 and are no longer cost effective to maintain and operate; and WHEREAS, the average life-to-date maintenance and repair costs of these vehicles have exceeded their original cost; and WHEREAS, the Administration recommends that the City Manager be authorized to utilize Contract No. FSA16-VEF12.0, Spec #03, with the FSA for the purchase of three (3) 2017 Horton Model 623 Rescue Transport Units, mounted on a freightliner M2 chasses, from Hall-Mark RTC, in the amount of $993,884.50 to replace the existing units; and WHEREAS, The purchase of the new equipment will allow the Fire Department to maintain the same number of vehicles in its fleet and continue its Class 1 and International Accreditation ratings. 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 and authorize the City Manager to utilize Contract No. FSA16- VEF12.0, Spec. #03, with the Florida Sheriffs Association for the purchase of three 2017 Horton Model 623 Rescue Transport Units from Hall-Mark RTC, in the amount of $932,884.50. PASSED AND ADOPTED THIS DAY OF 2017. ATTEST: APPROVED AS TO FORM & LANGUAGE MAYOR & FO XE UTION CITY CLERK T \AGENDA\2017 I 2 - February \ Fleet & Fire \Rescue Van Replacements \Fleet -Fire Rescue Vans RESO 2017-02-08.docx Dote City Attorney Page 311 of 878 Resolutions - C7 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PARTNER W I TH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE ANTI-DEFAMATION LEAGUE TO I MPLEMENT A CITYW IDE ANTI -BULLYING PROGRAM ENTITLED "NO PLACE FOR HATE," W HICH SHALL COMMENCE AT THE START OF THE 2017-18 SCHOOL YEAR AND CONTINUE EACH YEAR THEREAFTER (SUBJECT TO FUTURE BUDGETARY APPROPRI ATI ONS BY THE CI TY COMMISSION), AT COST TO THE CITY NOT TO EXCEED $3,750 FOR THE FIRST YEAR, WHICH FUNDS SHALL BE APPROPRIATED FROM THE CITY'S EDUCATION COMPACT FUND. RECOMMENDATION The Administration recommends the approval of this Resolution. This approval will assist the Department in accomplishing its measurable objectives linked to the City’s Key Intended Outcome of Achieve Educational (K-12) Excellence. ANALY SIS At the November 15, 2016 Committee for Quality Education meeting, the following motion was made in support of the implementation of the Anti-Def amation League (ADL) No Place for Hate program: The Committee f or Quality Education requests the Miami Beach Mayor and Commission fund up to $3,750 annually to implement in its public schools the No Place for Hate program of the Anti-Def amation League Florida region, beginning in the 2017-18 school year with the Anti-Def amation League subsidizing 50% of training costs. The City had partnered with the ADL and Miami-Dade County Public Schools (M-DCPS) to implement the program during the 2013-14 school year. All schools obtained the No Place for Hate designation for that school year and the City of Miami Beach earned the Community of Respect designation. The motion supports the City of Miami Beach Education Compact outcome to Enhance Learning Opportunities f or Youth. The Education Compact, implemented in January 2008, ref lects the desire of the Miami Beach community to support excellence in the City’s public schools and enhance the health and well-being of our City’s youth. Page 312 of 878 The City’s Education Compact with M-DCPS supports the eradication of bullying and harassment in its public schools and community by providing awareness, prevention and education in promoting a school atmosphere in which bullying, harassment, and intimidation are not tolerated by students, school board employees, visitors, or volunteers. M-DCPS supports public schools becoming No Place for Hate® schools. The ADL, through the generosity of the Harriet and Jack Rosenfeld Foundation, will provide a 50% subsidy f or the anti-bullying/cyberbullying trainings required to obtain designation at a cost of $1,200 per school for the 2017-18 school year for Miami Beach Senior High, Nautilus Middle, South Pointe Elementary, North Beach Elementary, Biscayne Elementary, and Fienberg Fisher K-8 Center f or either 30 students or 35 f aculty/staf f . The City of Miami Beach will earn the ADL’s prestigious Community of Respect designation by implementing one community-wide event that raises awareness and/or addresses bullying prevention, diversity, and respect f or all at a City-owned f acility. The anticipated cost to the City to provide the ADL No Place f or Hate program annually, including banner costs, is $3,750 annually. The City will reach out to neighboring municipalities to join us in this eff ort and fund their proportionate share of the cost of the student training at the public schools within their city limits. The goal of the community-wide activity is to bring together residents of Miami Beach to support students, teachers, educators, and parents, in creating a safe, peaceful, and respectf ul community f or all. The City will work with M-DCPS in scheduling this activity which will take place on or around the month of May each year. The City will also reach out to local sports personalities to support this initiative and encourage community participation. KEY INTENDED OUTCOMES SUPPORTED Achieve Educational (K-12) Excellence Legislative Tracking Organizational Development Perf ormance I nitiatives Sponsor Mayor Philip Levine ATTACHMENTS: Description Resolution Page 313 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PARTNER WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE ANTI-DEFAMATION LEAGUE TO IMPLEMENT A CITYWIDE ANTI-BULLYING PROGRAM ENTITLED "NO PLACE FOR HATE," WHICH SHALL COMMENCE AT THE START OF THE 2017-18 SCHOOL YEAR AND CONTINUE EACH YEAR THEREAFTER (SUBJECT TO FUTURE BUDGETARY APPROPRIATIONS BY THE CITY COMMISSION), AT COST TO THE CITY NOT TO EXCEED $3,750 FOR THE FIRST YEAR, WHICH FUNDS SHALL BE APPROPRIATED FROM THE CITY'S EDUCATION COMPACT FUND. WHEREAS, at the November 15, 2016 Committee for Quality Education meeting, a motion was made to encourage the City to implement the Anti-Defamation League's ("ADL") No Place for Hate program in Miami Beach; and WHEREAS, the City's Education Compact with Miami-Dade Public Schools ("M-DCPS"), reflects the community's desires to provide a safe learning environment for all students, support excellence in the City's public schools, and enhance the health and well-being of our City's youth; and WHEREAS, the City's Education Compact with M-DCPS supports the eradication of bullying and harassment in the public schools and throughout the community by providing awareness, bullying prevention activities, and education in promoting a school atmosphere in which bullying, harassment, and intimidation are not tolerated by students, school board employees, visitors, or volunteers; and WHEREAS, the City previously partnered with the ADL and M-DCPS to implement the No Place for Hate program during the 2013-14 school year; and WHEREAS, during that school year, all public schools in Miami Beach successfully obtained the No Place for Hate designation and, as a result, the City of Miami Beach earned the Community of Respect designation; and WHEREAS, through the generosity of the Harriet and Jack Rosenfeld Foundation, the ADL has committed to subsidizing the cost of anti-bullying/cyberbullying training activities in the amount of $600 per program (which is fifty percent of the cost of each program) for the 2017-18 school year and each school year thereafter for Miami Beach Senior High, Nautilus Middle, South Pointe Elementary, North Beach Elementary, and Biscayne Elementary Schools, as well as Fienberg-Fisher K-8 Center, for either 30 students or 35 faculty/staff members per program; and WHEREAS, the anticipated annual cost to the City to provide the ADL No Place for Hate program, including the cost of banners, is $3,750; and WHEREAS, M-DCPS supports and encourages the designation of public schools as "No Place for Hate" schools; and Page 314 of 878 APPROVED AS TO FORM & LANGUAGE & FCrkXEFUTION 0, L. City Attorney Date WHEREAS, City staff will contact and encourage neighboring municipalities to join the City in this effort and request that they fund their proportionate share of the implementation of the No Place for Hate program in schools within their city limits (i.e. Treasure Island Elementary and Ruth K. Broad Bay Harbor K-8 Center); and WHEREAS, the City of Miami Beach will earn the ADL's prestigious Community of Respect designation by implementing one annual community-wide event that raises awareness and/or addresses bullying prevention, diversity, and respect for all at a City-owned facility (the "Event"); and WHEREAS, the ADL will also recognize the City's neighboring municipalities (including Surfside, Bal Harbour, Bay Harbor Islands, and North Bay Village) if these municipalities elect to participate in the program; and WHEREAS, the goal of the Event is to bring together residents of Miami Beach to support students, teachers, educators, and parents in creating a safe, peaceful, and respectful community; and WHEREAS, staff from M-DCPS Division of Student Services will be present at the Event to provide support and information regarding bullying and violence prevention efforts being implemented throughout our school district. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the City Manager to partner with Miami-Dade County Public Schools and the Anti-Defamation League to implement a Citywide anti-bullying program entitled "No Place for Hate," which shall commence at the start of the 2017-18 school year and continue each year thereafter (subject to future budgetary appropriations by the City Commission), at a total cost to the City not to exceed $3,750 for the first year, which funds shall be appropriated from the City's Education Compact fund. PASSED AND ADOPTED this day of February, 2017. ATTEST: Philip Levine Mayor Rafael Granado City Clerk Page 315 of 878 Re solutions - C7 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, SUBSTANTI ALLY IN THE FORM ATTACHED TO THI S RESOLUTION, BETWEEN THE CI TY AND THE RHYTHM FOUNDATION, INC., FOR THE STAGE RESTORATION AND SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE BANDSHELL, IN THE TOTAL AMOUNT NOT TO EXCEED $102,600.00. RECOMMENDATION Administration respectfully requests approving and authorizing the City Manager to execute a Grant Agreement between the City and the Rhythm Foundation Inc., for a total sum not to exceed $102,600.00, for the stage restoration and subwoofer concealment project at the North Shore Bandshell. ANALY SIS The Rhythm Foundation I nc. is a Florida not-for-profit organization that presents concerts, events and festivals by established and innovative artists from around the world and South Florida. They are a cultural anchor in South Florida, presenting outstanding international music artists and quality community-based programs. Since 2015, the Rhythm Foundation has been the management company operating the North Shore Bandshell for the City of Miami Beach. Programming by the Rhythm Foundation Inc. has grown in popularity and the venue is in need of stage and sound renovations to further enhance programming efforts to engage more nationally recognized acts, as well as to mitigate sound concerns f or nearby residences. During the City’s FY 16/17 budget process, a Budget Enhancement Request of $102,600.00 for 2016-2017 was granted to f und the project at the Bandshell. The grant monies will be used for the purchase and installation of specialized staging and subwoofer equipment which will be used to support and enhance the project. The Grant Agreement will require the grantee to provide a report on how the f unds were spent and the programming gains and noise complaint reductions as a result of the work completed in relationship to the funds provided by the City. Page 316 of 878 FINANCIAL INFORMATION During the City’s FY 16/17 budget process, a Budget Enhancement Request of $102,600.00 was granted to f und the stage restoration and subwoof er concealment project at the Bandshell. The grant reimbursements will be funded through this project. Amount 1 $102,600.00 Account 1 307-0950-000674-28-410-553-00-00-00- 20437 Legislative Tracking Parks and Recreation ATTACHMENTS: Description Resolution & Exhibit 1 Page 317 of 878 RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 I7 Date --"7it7/Ztt7;7ey RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE RHYTHM FOUNDATION INC., FOR THE STAGE RESTORATION AND SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE BANDSHELL, IN THE TOTAL AMOUNT NOT TO EXCEED $102,600.00. WHEREAS, on February 19, 2015, The Rhythm Foundation, Inc. ("The Rhythm Foundation"), a not-for-profit Florida corporation, and the City executed a Management Agreement for the property located at 7275 Collins Avenue (the North Shore Bandshell, "the Bandshell"); and WHEREAS, The Rhythm Foundation, presents concerts, events and festivals by established and innovative artists from around the world and South Florida; and WHEREAS, the Bandshell is in need of a new stage and sound renovations, including concealing a new subwoofer system underneath the stage (the "Project"), in order to further enhance programming efforts, as well as to mitigate sound concerns for nearby residents; and WHEREAS, as part of the Parks and Recreation Department's FY 16/17 Current Service Level Budget, $102,600.00 has been earmarked to fund the Project at the Bandshell; and WHEREAS, the Administration recommends executing a Grant Agreement with The Rhythm Foundation, providing that the City will reimburse The Rhythm Foundation for the purchase and installation of specialized staging and subwoofer equipment necessary to support the Project; and WHEREAS, the Grant Agreement will require, in material part, that prior to the City reimbursing The Rhythm Foundation for the expenses relating to the Project, that The Rhythm Foundation provide a report evidencing how the grant funds were spent and proof that the Project was completed; and that six (6) months from the Project completion date, but within a year from the Project completion date, The Rhythm Foundation shall make a presentation to the City Commission describing the impact of the Project upon the programing for the Bandshell and the noise remediation efforts; and WHEREAS, the Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute a Grant Agreement, substantially in the form attached as Exhibit "1" hereto. 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 and authorize the City Manager to execute a Grant Agreement, substantially in the form attached to this Resolution, between the City and The Rhythm Foundation, Inc., in the total amount not to exceed $102,600.000, for the stage restoration and subwoofer concealment project at the North Shore Bandshell. PASSED and ADOPTED this 8th day of February, 2017. ATTEST: PHILIP LEVINE, MAYOR Page 318 of 878 ea_ MIAMI BEACH GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND THE RHYTHM FOUNDATION, INC. TO COMPLETE THE STAGE AND SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE BANDSHELL LOCATED AT 7275 COLLINS AVENUE, MIAMI BEACH, FL 33141 This Grant Agreement (Agreement) is entered into effective as of this _day of „ between the City and Grantee. Article I / Grant Description 1. Grantee: The Rhythm Foundation, Inc. Grant Contact: Laura Quinlan, Director Address: 7275 Collins Avenue City, State, Zip: Miami Beach, Florida 33141 Phone, fax, e-mail : 786.453.2897 lq@rhythmfoundation.com 2. Grant amount: $102,600.00 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure deadline: September 30, 2017 6. Project completion date: September 30, 2017 7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project completion date. EXHIBIT Page 319 of 878 (Grantee's Corporate Seal Here) IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2017. Jimmy L. Morales, City Manager Attest: Rafael E. Granado, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2017, by Laura Quinlan, as Director of The Rhythm Foundation, Inc., a not-for-profit Florida corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public Notary Name: Notary Public, State of Florida My Commission Expires: GRANTEE: The Rhythm Foundation Federal ID #: 65-0102768 BY: Laura Quinlan, Director (City Attorney Approval Here) - 2 - of 8 Page 320 of 878 Article Ill General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee, who will be the Director of the Parks and Recreation Department. 2. Project Description: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit 1. All expenditures will be subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Notwithstanding the preceding sentence, amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall be made in, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the activities and services contemplated under the described Project will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City within 15 days of the Project's completion date (i.e. For example, Grantees completing their Project by September 30, 2017 must submit their final reports no later than October 15th of that year). Notwithstanding the preceding, and as a condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be supplied subject to the Parties' execution of this Agreement. At the time of a request for reimbursement, in addition to submitting a report, as described in the preceding paragraph 3, Grantee shall submit a bill for the Grant sums being requested, along with corresponding evidence of expenses and payments incurred in connection with the Project, such as payroll records, invoices, credit card receipts, canceled checks etc. Invoices incurred prior to the fiscal year are not reimbursable and invoices incurred after the end of the fiscal year are not reimbursable, unless previously approved by the City. Any request for reimbursement of Grant funds (including the bill, requisite report and corresponding evidence of expenses and payments), which is not received before October 15, 2017, shall be forfeited. 5. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to the Project site to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of additional documentations or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place before the Expenditure Deadline in Article 1-5. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. 3 of 8 Page 321 of 878 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: "This Program is financially assisted by a grant from the City of Miami Beach". Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article 11-12. 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors 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 if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee 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 attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. 10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or his designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: City Manager, City of Miami Beach, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139. 4 of 8 Page 322 of 878 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III / Miscellaneous Provisions 17. The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee agrees to comply with the City of Miami Beach Title VI / Nondiscrimination Policy and Plan, pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), as well as other related federal and state laws and regulations, including Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) regulations, and the Florida Department of Transportation (FDOT) guidelines. As such, Grantee shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or familial status. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. Grantee 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 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. 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE 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. (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 5 of 8 Page 323 of 878 Exhibit 1 / Project Description Project Description — North Beach Bandshell Stage Renovation and Subwoofer Project Key Intended Outcome — Enhance Cultural and Recreational Activities The Rhythm Foundation Inc. is a Florida not-for-profit organization that presents concerts, events and festivals by established and innovative artists from around the world and South Florida. They are a cultural anchor in South Florida, presenting outstanding international music artists and quality community-based programs. Since 2015, the Rhythm Foundation Inc. has been the management company operating the North Shore Bandshell for the City of Miami Beach. Programming by the Rhythm Foundation Inc. has grown in popularity and the venue is in the need of stage and sound renovations to further enhancing programming efforts to engage more nationally recognized acts, as well as to mitigate sound concerns for nearby residences. The Grant monies will be used to support the Project. The following expenses will be incurred in the delivery of these services: • The purchase and installation of specialized staging and subwoofer equipment which will be used to support and enhance the Project to include: o remove all multiple layers of existing plywood stage decking and discard -- existing wood joists to remain. o remove a portion of the front CMU stage wall as required for creation of new under-stage subwoofer cavity. o replace stage decking with 2 layers of 3/4" Grade 1 marine plywood glued and screwed to existing wood joists with counter sunk #10 stainless steel wood screws. The plywood joints could be mitered and filled with flexible urethane type caulking providing a smooth stage deck suitable as a performance surface. o Seal the marine plywood decking with a waterproof coating such as Super Deck Exterior Deck & Dock Coating by Sherwin Williams. o build two (2) new under-stage walls creating a funneled subwoofer cavity as indicated on drawings. o build three (3) under stage subwoofer isolation platforms as retailed in drawings. o provide circuits from existing electric panel for under stage subwoofers. o at the front of stage, where a portion of wall is to be removed, fabricate an aluminum acoustically transparent grill face utilizing vertical 2x1 aluminum tubes and structural aluminum posts in front of a 50% open perforated metal screen. o provide a keyed locking metal door incorporated into the front grill wall for access to subwoofer cavity. o Install a wireless sound level meter system. o replace the existing speaker support tower manual winches (x2) with electrically powered versions. o drawings and permits to be supplied and paid for by the contractor hired by The Rhythm Foundation, Inc. as part of the total cost of the work o provide dumpsters for debris associated with above scope of work. None of the Grant funds may be used toward administrative and overhead costs. See Exhibit 2 for a complete budget break-down. The Grantee will support the following Citywide Key Intended Outcome and provide documentation of such: • Enhance Cultural and Recreational Activities 6 of 8 Page 324 of 878 Grantee Responsibilities 1. The Grantee's funded services will support the Citywide Key Intended Outcome, as follows: • With Respect to Project Work: o The Rhythm Foundation, Inc. shall purchase and install staging and subwoofer equipment, and pay for any installation costs related thereto, in an amount not to exceed $102,600.00. The City shall reimburse The Rhythm Foundation for the work related to the Project as set forth herein. • With Respect to the Purchased Equipment: o The contractor and the contract for the work related to the Project shall be subject to the written approval of the City Manager or his designee prior to Grantee executing the contract. At minimum, the contractor must be licensed and insured. o All equipment purchased and reimbursed by the City pursuant to this Agreement shall remain at all times the property of the City. The equipment shall be inventoried, used by the Grantee, and stored at the North Shore Band Shell. 2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by providing the following: a. The Rhythm Foundation will track the grant funds spent. b. The Rhythm Foundation will track programing gains and noise complaint reductions as a result of the work completed for six months after the Project completion date. 3. The Grantee will submit a final report no later than October 15, 2017 which documents the efforts undertaken to support the Key Intended Outcome and including: a. A Summary of overall Project and its impact on the identified key intended outcomes, including the following: i. a detailed report on how the funds were spent, including, without limitation, Order forms for the purchase of the approved equipment and labor; cancelled checks, receipts or other evidence of payment for the approved equipment; copies of the warranty for the approved equipment and work within the scope of the Project; evidence that any permits which were opened in connection with the work were closed; and contractor's affidavit verifying that the contractor and all lienholders/subcontractors have been paid. ii. any additional information/documentation which the City Manager or his designee may reasonably request to verify completion of Project and impact of the Project; and b. A Final Project budget. 4. Within fifteen (15) days from receipt of the final report and final Project budget, the City Manager's designee shall reimburse the Grantee for the purchase of any equipment and supplies, and for any labor or services performed in connection with the Project. 5. Grantee shall be required to present the impact of the Project upon programing for the Bandshell and the noise remediation efforts to the City of Miami Beach Mayor and City Commission, during an agreed upon City Commission meeting six (6) months after the Project completion date but within a year from the project completion date. 7 of 8 Page 325 of 878 Exhibit 2 / Project Budget The purchase of approved staging and subwoofer equipment and related installation costs for the Project $ 102,600.00 Total Grant Funds $102,600.00 8 of 8 Page 326 of 878 Resolutions - C7 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, APPROVI NG AND AUTHORI ZI NG THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE VI LLAGE OF BAL HARBOUR FOR THE CI TY TO CONTINUE TO PROVI DE SEWAGE CONVEYANCE SERVI CES; AND AUTHORI ZI NG THE TRANSFER OF TI TLE FROM BAL HARBOR TO THE CITY OF A SEWER METER, IN ORDER FOR THE CITY TO PROVI DE A MORE ACCURATE MEASUREMENT OF BAL HARBOUR'S SEWAGE FLOW. RECOMMENDATION The Administration recommends approving the Resolution. ANALY SIS The City operates a sewage conveyance system (the City System) for the use and benefit of its inhabitants, and has also historically provided sewage conveyance f or disposal services to the neighboring towns, known as the Satellite Cities, including the Village of Bal Harbour. The City Commission approved Resolution No. 13447 to enter into an agreement with the Village of Bal Harbour on November 17, 1971 to provide sewage conveyance for disposal services. However, due to the then proposed connection of the City System to the Virginia Key treatment f acility, the City exercised its right to terminate the agreement at its December 5, 1979 Commission meeting, pursuant to Resolution No. 79-16116. Notwithstanding such termination of the agreement, the City and Bal Harbour's intent was not to discontinue the City's provision of the services to Bal Harbour, but rather to continue to provide them on a month to month basis until the new terms including, without limitation, new rates under an appropriate rate setting procedure (after the City's costs could be determined for operation under the new system) could be established. This relationship has survived to the present day. The City and Bal Harbour now wish to enter into a new agreement ("Agreement") f or sewage conveyance for disposal services hereinafter, the "Services"; particularly insof ar as memorializing the method of compensation to be paid by Bal Harbour to the City is concerned. Page 327 of 878 The Mayor and Village Council of the Village of Bal Harbour adopted Resolution No. 2017-1068 authorizing the Mayor to enter into an agreement on January 17, 2017. In 2011, the Town of Surfside and the Village of Bal Harbour laid a new 16 inch diameter pipeline to 73rd Street to convey their wastewater to the City of Miami Beach. There had been a history of controversy over the billing of the satellite cities. At that time, it was determined that the City of Miami Beach would provide new meters to be installed in the pipeline to measure the f lo ws . The Town of Surf side did install two meters provided by the City into their system. A meter registering the Bal Harbour flow was not installed as a manhole would have needed to be constructed to house the meter. A third meter was installed at the parking lot on 73rd Street which provided the total f low from satellite cities. The monthly Bal Harbour flow was determined by deducting the other meters from the total f low measured. Again, billing problems arose, particularly when the Town of Surf side underwent a pump station rehabilitation project and the metered flow was not available. In 2016, Bal Harbour engaged in a construction project that included installing a meter within a manhole as had been requested earlier. Specifications were provided to Bal Harbour to ensure that all of the meters utilized to measure the sewerage f lows were the same and met the City of Miami Beach’s requirements. Therefore, all of the f lows can now be metered and totaled which provide a level of checks and balances as well as sufficient redundancy should a failure occur in any one of the meters. Since the agreement stipulates that the meters to measure the f low belong to the City of Miami Beach and the City is responsible f or reading and calibrating the meters, Bal Harbour would like to transfer ownership of the installed meter to the City. CONCLUSION The Administration recommends approving the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description Resolution and Exhibits Page 328 of 878 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 AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF BAL HARBOUR FOR THE CITY TO CONTINUE TO PROVIDE SEWAGE CONVEYANCE SERVICES; AND AUTHORIZING THE TRANSFER OF TITLE FROM BAL HARBOR TO THE CITY OF A SEWER METER, IN ORDER FOR THE CITY TO PROVIDE A MORE ACCURATE MEASUREMENT OF BAL HARBOUR'S SEWAGE FLOW. WHEREAS, the City operates a sewage conveyance system (the City System) forthe use and benefit of its inhabitants, and has also historically provided sewage conveyance for disposal services to the neighboring towns, known as the Satellite Cities, including the Village of Bal Harbour; and WHEREAS, at its November 17, 1971 meeting, the City Commission approved Resolution No. 13447, to enter into an agreement with the Village of Bal Harbour, to provide sewage conveyance for disposal services; and WHEREAS, due to the then proposed connection of the City System to the Virginia Key Treatment facility, the City exercised its right to terminate the agreement at its December 5, 1979 Commission meeting, pursuant to Resolution No. 79-16116; and WHEREAS, notwithstanding such termination of the agreement, the City and Bal Harbour's intent was not to discontinue the City's provision of the services to Bal Harbour, but rather to continue to provide them on a month to month basis until new terms including, without limitation, new rates under an appropriate rate setting procedure (after the City's costs could be determined for operation under the new system) could be established; and WHEREAS, this relationship has survived to present day; and WHEREAS, the City and Bal Harbour now wish to enter into a new agreement ("Agreement") for sewage conveyance for disposal services (hereinafter, the "Services"); particularly insofar as memorializing the method of compensation to be paid by Bal Harbour to the City is concerned; and WHEREAS, the parties have negotiated the attached Agreement (Exhibit "A"), and the Village of Bal Harbour approved the Agreement on January 17, 2017, pursuant to Bal Harbour Resolution No. 2017-1068; and WHEREAS, as a part of the Agreement, the Village of Bal Harbor shall grant, bargain, sell, transfer, and deliver to the City one (1) EMCO flow systems, MAG FLO type MAG 5000 flow meter, bearing serial number# N 1 C0150053, which meter shall assist the City in providing more accurate sewage flow information (Attached as Exhibit "B"); and WHEREAS, the Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the attached agreement and to accept the MAG FLO meter from Bal Harbour. Page 329 of 878 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby, approve and authorize the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and the Village of Bal Harbour for the City to continue to provide sewage conveyance services to Bal Harbour, and authorize the transfer of title from Bal Harbor to the City of a meter, in order to provide more accurate measurement of Bal Harbour sewage flow. PASSED AND ADOPTED this __ day of _____ , 2017. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE ~ IO<ECUTION 4 ': 1/2-iJ!;J- City Attorney Dote · \ . ·. T:V\GENDA\2017\February\PUBLIC WORKS\Village of Bal Harbour Sewage Agreement. Reso.doc Page 330 of 878 Exhibit A. AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BAL HARBOUR VILLAGE, FLORIDA, TO PROVIDE SEWAGE CONVEYANCE SERVICES THIS AGREEMENT is made and entered into this day of , 2017 (Effective Date), by and between the City of Miami Beach, Florida (''City"), and the Bal Harbour Village ("Village" or "Bal Harbour"). WHEREAS, the City operates a sewage conveyance system (the City System) for the use and benefits of its inhabitants, and has also historically provided sewage conveyance for disposal services to the neighboring Bal Harbour Village; most recently, pursuant to an agreement entered into between the City and Bal Harbour, dated November 17, 1971, and approved by the City pursuantto Resolution No. 13447 (the "1971 Agreement"); and WHEREAS, on December 5, 1979, pursuant to Resolution No. 79-16116 (and in anticipation of the connection of the City System to the Virginia Key Treatment facility), the City exercised its right to terminate the 1971 Agreement; notwithstanding such termination, however, the City and the Village of Bal Harbour' s intent was not to discontinue the City's provision of the services to the Village, but rather to continue to provide them on a month to month basis until new terms including, without limitation, new rates under an appropriate rate setting procedure (after the City's costs could be determined for operation under the new system) could be established; and WHEREAS, the City and Bal Harbour now wish to enter into a new agreement for sewage conveyance for disposal services (hereinafter, the Services); particularly insofar as memorializing the new rate of compensation to be paid by Bal Harbour to the City is concerned. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the City and Bal Harbour hereby agree as follows: 1. The City shall continue to provide the Services to Bal Harbour, to the extent capacity is available, by means of an existing transmission main from Bal Harbour to the City-owned meters located in the City owned parking lot at 72"d Street, located in the City of Miami Beach. The lnterlocal Contract Between Miami-Dade County and City of Miami Beach, Florida, Providing for Sewage Dispo.sal Service (the ''lnterlocal Agreement"), dated , and adopted by the City pursuant to Resolution No. , acknowledges that the sanitary sewage received by the County from the City flows from Bal Harbour, in addition to the towns of Surfside and Bay Harbor Islands. Future 1 58 Page 331 of 878 flows (i.e. future capacity) from Bal Harbour under this Agreement shall be determined in accordance with, and subject to, the lnterlocal Agreement. 2. Notwithstanding the City's agreement to provide the Services, or any other term or condition of this Agreement, Bal Harbour acknowledges that any obligation that the City has to render such Services to Bal Harbour pursuant to this Agreement shall be limited to, subject and subordinate to, and conditioned upon any agreements, terms, covenants, conditions, and obligations between the City and Miami-Dade County, Florida (the County), whether existing as of the Effective Date or as may exist in the future, pertaining to' the County's responsibility to provide sewage disposal service to the City's existing sewer service area (which service area includes and takes into account the flow from Bal Harbour), by means of the existing transmission main from the City to the County's Central District Wastewater Treatment Plant located on Virginia Key (where the combined flow is metered). Bal Harbour further recognizes and acknowledges thatthe City's standards for the Services provided to Bal Harbour pursuant to this Agreement are also limited to, subject and subordinate to, and conditioned upon any modification(s) as a result of (i) changes to the City's agreement with the County to provide sewage disposal services to the City; and/or (ii) changes to existing or future federal, State, County, and local laws, rules, and regulations. 3. Bal Harbour agrees, and hereby warrants to the City, that it will abide by and be bound by all present and future federal, State, County, and City laws, standards, rules, regulations, permit conditions and other requirements related to sewer service, Bal Harbour acknowledges that the responsibility of the City to provide the Services underthis Agreement shall be limited to the flow from Bal Harbour's existing sewer service area(s) (i.e. the flow existing as of the Effective Date ofthis Agreement). 4. Bal Harbour further agrees and hereby warrants to the City that it shall operate and maintain its sewage collection system (hereinafter referred to as the Bal Harbour System, and which system includes, without limitation, any and all transmission pipe lines, main pipe lines, force mains pumps, pumping stations, meters, and any and all other facilities and equipment appurtenant thereto), and any system extensions thereof, in accordance with the requirements of all applicable federal, State, County, and City laws, rules, regulations, and permit conditions. The operation and maintenance of the Bal Harbour System shall be the sole responsibility and cost of Bal Harbour. The City reserves the right to inspect the Bal Harbour System, as deemed necessary by the City, in its sole discretion and judgment, but at no cost to Bal Harbour, to. verify that the Bal Harbour System is being properly maintained and operated in accordance with the above standards and . industry standards as outlined in Wastewater 2 59 Page 332 of 878 Collection Systems Management, WEF Manual of Practice No. FD-7, 2009; and Recommended Standards for Wastewater Facilities, Health Education Services (a Division of Health Research, Inc.), 2004. The City shall request permission from Bal Harbour to inspect the Bal Harbour System, which permission shall not be unreasonably withheld, conditioned, or delayed. The City shall request permission from Bal Harbour three (3) business days prior to inspection of the Bal Harbour System and shall allow Bal Harbour's representation at City's inspections. Said inspections shall be made at reasonable times .and in such manner so as to least disturb the Bal Harbour Village's normal operations. 5. Bal Harbour shall not allow or permit construction or installation of any connections of stormwater mains which allow stormwater to enter the Bal Harbour System. Upon notice or discovery of such interconnections, Bal Harbour shall, at its sole cost and expense, immediately effectuate the lawful disconnection of such interconnections to the City's satisfaction and, at a minimum, in accordance with local, State, and federal laws. Bal Harbour hereby agrees to pursue and maintain best efforts, on a regular timely basis, to reduce infiltration and inflow to comply with all local, State, and/or federal ordinances, laws and regulations regarding infiltration and inflow connection or reduction as now in effect or as may be enacted in the future. Bal Harbour agrees that in the event any undue infiltration develops in the Bal Harbour System, it shall make such repairs as may be required by the City in order to remedy such condition. 6. The quantity (i.e. the flow) of sewage handled by the City System for Bal Harbour hereunder shall be measured prior to the entry point to the City System by City owned meters, or any subsequent replacement meters installed by the City, in its sole and reasonable discretion (hereinafter referred to individually as a "Meter" or collectively as the "Meters"). The Meter has been installed in a structure located within the 72nd Street parking lot located within the City of Miami Beach. Bal Harbour Village has completed the installation of a new meter for the purposes of this agreement, located in Bal Harbour at the Pump Station located north of 96th Street between Collins Avenue and Harding Street. The City and Bal Harbour shall have the right and opportunity to inspect the Meters. The City shall notify Bal Harbour three (3) business days prior to inspection of the Meters and shall allow Bal Harbour to attend the City's inspections. Said inspections shall be made at reasonable times and in such manner so as to least ·disturb the Bal Harbour Village's normal operations. 7. The City shall own, operate and maintain the Meters, at its sole cost and expense. The City shall also, at its sole expense, test the accuracy of each Meter, at a minimum, once every three (3) months, or at such other time intervals as it may deem appropriate. The City shall notify Bal Harbourthree (3) business days prior to testing of the Meters and shall allow Bal Harbour's representation at 3 60 Page 333 of 878 City's testing. Said tests shall be made at reasonable times and in such manner so as to least disturb the Bal Harbour Village's normal operations. The City shall provide the results of the tests to Bal Harbour no later than thirty (30) days after each meter is tested. 8. The Meters shall indicate flow with an error not to exceed plus or minus five percent (5%) of full scale reading (true accuracy). If found to be in error -i.e. anything exceeding five percent (5%) of true accuracy -the Meters shall be re- calibrated by the City. If such error of more than five percent (5%) is discovered, bills for the three (3) periods following the prior Meter accuracy test shall be adjusted to reflect the quantity of over-read or under-read flow. In calculating such billing adjustment, it will be assumed by the parties that the inaccuracy existed for the entire time interval between accuracy tests. The billing adjustment(s) shall be made atthe same rate in effect during the time interval. 9. Bal Harbour may request, and the City agrees to perform, additional Meter accuracy tests, upon reasonable notice to City and at a reasonable time acceptable to both parties. Said additional testing shall be completed at reasonable times, If the Meter(s) is (are) found to be in error exceeding five percent (5%) true accuracy, it shall be recalibrated by the City as described in the preceding Paragraph 8, and the entire cost for such testing and recalibration shall be paid for by the City. lfthe Meter(s) is (are) found performing within five percent(5%)true accuracy, the Meter accuracy test shall be paid by Bal Harbour no later than thirty (30) days from receipt of an invoice from the City. 10. In the event of complete or partial failure of any Meter(s) to register, both parties shall mutually agree to establish consumption based on historic monthly average flows for the most recent wet or dry period as defined by the latest Miami-Dade County rate schedule in effect during the Term of this Agreement. The most recent actual readings for a period of three (3) consecutive months of a wet or dry period will be used to represent that corresponding period until the Meter(s) is (are) repaired. The City shall use reasonable commercial efforts to repair a failed Meter within sixty (60) days of a determination by the City thatthe Meter has completely or partially failed. 11.The City will be under no obligation at any time to perform any re-pumping of sewage delivered to the City System by Bal Harbour. 12. Bal Harbour agrees to pay to the City an amount, as determined by the City, to cover all costs associated with the sewage flow from the Bal Harbour System, per 1,000 gallons of sewage passing through the City's System; which sum shall be payable monthly. The cost of service shall include direct costs of operation, maintenance, depreciation, debt service, and a one and a half percent (1.5%) 4 61 Page 334 of 878 I administrative fee. The actual amount shall be calculated and presented in a written report to the City of Miami Beach Commission during its budget approval process, and approved by City Resolution; provided, however, thatthe City shall make reasonable commercial efforts to transmit the afore stated written report to Bal Harbour at least fourteen (14) calendar days prior to the date of the public meeting at which the written report is presented to the City Commission. The City shall make reasonable commercial efforts to transmit the proposed Resolution to Bal Harbour at leastfourteen ( 14) calendar days priorto the date of the City Commission meeting at which the proposed Resolution is presented to the City Commission. The adopted Resolution shall be transmitted to Bal Harbour as written notice of change of cost of service with an effective date. 13.Billing for services provided in accordance with this Agreement shall be rendered monthly. Invoices will be mailed by the tenth (10th) day of the month following the month for which service has been provided, based on readings of the Meters taken by the City. Amounts billed on such invoices are due when rendered. In the event Bal Harbour disputes a bill, Bal Harbour shall provide the City with written notice of the reasons for non-payment within thirty (30) days of receipt of the bill, and shall escrow such portion ofthe bill that is disputed in an interest-bearing account. The parties shall promptly meet and use reasonable good faith efforts to resolve the dispute within forty-five (45) days of the City's receipt of Bal Harbour's notice. Except for any portion of a bill disputed, payment not received by the City on or before twenty-five (25) days after the postmark date of the bill shall be considered past due. All past due invoices shall be subject to a late charge, as established by the City (such charge to reimburse the City for costs in processing and otherwise administering late payments). In addition, per annum interest shall accrue on the past due charges including the late charges atthe maximum legal rate provided by Florida law for contracts in which no interest rate is specified, for each day, including Saturdays, Sundays and holidays, from the past due date until the date of receipt by the City. For purposes of this paragraph, date of receipt shall be the date of actual receipt by the City if hand delivered or mailed, or date of transfer to the City's bank, if electronicfundstransferis used. 14.Neither party shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an event of force majeure, including, but not limited to, war, riots, natural catastrophe, or any other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excused performance has (i) promptly notified the other party of the occurrence and its estimated duration; (ii) promptly remedied 5 62 Page 335 of 878 or mitigated the effect of the occurrence to the extent possible; and (iii) resumed performance as soon as possible, 15.To the extent provided by Florida law, both parties mutually agree to indemnify, defend, and hold harmless each other and their respective officers, agents, contractors, and employees, from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by such officers, agents, contractors, or employees during the performance of the Agreement, except that neither party, nor its respective officers, agents, contractors, or employees, will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused by or resulting from the negligence of the other party, or any of its respective officers, agents, contractors, or employees, during the performance ofthis Agreement. 16.This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Any and all suits brought by either party shall be instituted and maintained in any court of competent jurisdiction in Miami-Dade County, Florida. In all such suits, the prevailing party shall be entitled to receive reasonable costs and reasonable attorney's fees. City and Bal Harbour waive any rights either party may have to a trial by jury in any civil litigation related to, or arising out of, this Agreement, 17 .All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. Bal Harbour shall have a continuing obligation to notify the City ofthe appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: • If to the City: Eric Carpenter, P.E., Director of Public Works 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 • If to Bal Harbour: John Oldenburg, Director Parks and Public Spaces Department 655 96 Street, __ Bal Harbour, FL 33154_ 6 63 Page 336 of 878 18.The term of this Agreement (Term) shall be for an initial term 9f five (5) years, commencing upon execution by the parties hereto, as referenced by the Effective Date on page 1 hereof. This Agreement shall be automatically renewed for subsequent, consecutive terms of five (5) years each, subject to termination by either party, upon one hundred eighty ( 180) days written notice to the other. Notwithstanding the preceding paragraph, should Bal Harbourelectatanytime during the Term of this Agreement to transmit all or a portion of its current sewage flow (as of the Effective Date), Bal Harbour shall provide the City with written notice of such intent ninety (90) days prior to January 1't, so that the City have time to adequately evaluate and plan its future capacity demands, in order to transmit same to the County as required under the lnterlocal Agreement. 19. The City agrees that if, after the Effective Date of this Agreement, it enters into an agreementforthe same or substantially similarscope of services with another local government in Florida which contains terms or conditions pertaining only to fees, charges or costs, that are more favorable than the terms in this Agreement, Bal Harbour may provide the City with written notice explaining how the new agreement is for the same or substantially similar services and how the new agreement contains terms or conditions pertaining only to fees, charges, or costs, that are more favorable than the terms in the Agreement, and requesting to negotiate an amendment to the Agreement (a "New Agreement Notice"). The parties shall act in good faith to negotiate an amendment to the Agreementthat addresses, in a mannerthat is fair and equitable to both parties, the matters·raised by Bal Harbour in the New Agreement Notice. lfthe parties fail to reach agreement upon an amendment within ninety (90) days of the New Agreement Notice, then Bal Harbour may terminate this Agreement without penalty or early termination fee, subject to the terms and conditions herein, by providing thirty ( 180) days advance written notice to the City, such notice to be given no later than one hundred (100) days from the New Agreement Notice. Upon a termination pursuant to this section, the City shall have no further liability and/or obligation to Bal Harbour. In the alternative, if Bal Harbour decides not to terminate the Agreement, the Village reserves the right to negotiate a new agreement,. per the New Agreement Notice; provided that Bal Harbour shall continue to comply with the terms of this Agreement, including any fees, charges, or costs required under this Agreement. In the event that the Parties are not able to negotiate an amendment to this agreement pursuant to the New Agreement Notice, the Parties shall agree to mediation priorto instituting any legal action pursuant to Paragraph 16 of this Agreement. 7 64 Page 337 of 878 20.This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and yearfirst above written. ATTEST: Signature: ______ _ Name: _______ _ Title: _______ _ ATTEST: Signature: ______ _ Name: _______ _ Title: _______ _ • CITY OF MIAMI BEACH, FLORIDA Signature:. ________ _ Name: _________ _ Title:----------- Date:---------- VILLAGE OF BAL HARBOUR Signature: ________ _ Name: _________ _ Title: __________ _ Date: __________ _ 8 65 Page 338 of 878 BAL HARBOUR -VILLAGE - COUNCIL ITEM SUMMARY Condensed Title; A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH TO PROVIDE SEWAGE CONV.EYANCE SERVICES FOR AN INITIAL FIVE YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED. Issue: Should the Village Council approve the agreement with the City of Miami Beach to provide sewage conveyance services to the Village? Item Summarv/Recommendation: The City of Miami Beach (the City) operates a sewage conveyance system and has also historically provided sewage conveyance for disposal services to Bal Harbour Village; most recently, pursuant to an agreement entered into between the City and the Village, dated November 17, 1971. The City exercised its right to terminate the agreement on December 5, 1979 and has continued to provide services on a month to month basis until new terms could be established. In the fall of 2014, the Village and the City initiated a series of meetings to negotiate a new agreement. During the negotiations, the Village agreed to install a new Master Sewage Flow Meter to be utilized by the City in their determination of appropriate invoicing for the sewage conveyed through the City. On March 22, 2016, the Bal Harbour Village Council passed Resolution No. 2016-1000, authorizing the installation of the new Master Sewage Flow Meter adjacent to Pump Station No. Two (PS-2). The new meter installation was recently completed by the Village atthe PS-2 Facility for the purposes of the pe.nding agreement with the City. Subsequent to the completion of this work, the City of Miami Beach and Bal Harbour Village have completed the ongoing negotiations and now wish to enter into a new agreement for sewage conveyance for disposal services. The term of the new agreement is for an initial term of five (5) years. This Agreement shall be automatically renewed for subsequent, consecutive terms of five (5) years each, subject to termination by either party, upon written notice to the other. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Financial lnfonmation: Account Account# Si n Off: Chief Financial Officer Director Parks & Public S Amber Riviere John A. Oldenbur EXHIBIT A. 53 Page 339 of 878 BAL HARBOUR -VILLAGE - COUNCIL MEMORANDUM TO: Honorable Mayor and Village Council FROM: Jorge M. Gonzalez, Village Manager DATE: January 17, 2017 SUBJECT: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH TO PROVIDE SEWAGE CONVEYANCE SERVICES FOR AN INITIAL FIVE YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE ADMINISTRATIVE RECOMMENDATION I am recommending the approval of this Resolution. BACKGROUND The City of Miami Beach (the City) operates a sewage conveyance system for the use and benefits of its inhabitants, and has also historically provided sewage conveyance for disposal services to Bal Harbour Village (the Village); most recently, pursuant to an agreement entered into between the City and the Village, dated November 17, 1971, and approved by the City pursuantto Resolution No. 13447. On December 5, 1979, pursuant to Resolution No. 79-16116 .,nd in anticipation of the connection of the City System to the Virginia Key Treatment facility, the City exercised its right to terminate the 1971 Agreement; notwithstanding such termination, however, the City and the Village's intent was not to discontinue the City's provision of the services to the Village, but rather to continue to provide them on a month to month basis until new terms including, without limitation, new rates under an appropriate rate setting procedure could be established. ANALYSIS This month to month relationship has continued for the past thirty seven (37) years to the present day. In the fall of 2014, representatives from the Village and the City initiated a series of meetings to negotiate a new agreement. T.he new agreement memorializes the various procedures to be followed by both parties in order for the City to continuously provide the necessary sewage conveyance services to AGENDA ITEM R7 A 54 Page 340 of 878 January 17, 2017 Council Meeting Re: Agreement with the Clty of Miami Beach for Sewage Conveyance Services Page 2 of2 the Village and the method used to calculate the rate of compensation to be paid by the Village to the City for this service. As previously discussed, over the course of the past several years, there has been a number of sewer conveyance billing issues between the Village and the City due to the methodology used by the City to compute the Village's sewage conveyance invoices. The sewage which is collected within the Village is metered atthe Bal Harbour Sewer Pumping Station (PS-2), located on Collins Avenue adjacent to the SunTrust Bank. The sewage is then re-pumped to the City where their meter is currently located at the northern boundary of the City at 72 Street. This meter measures the cumulative sewage volume of the Village, the Town of Surfside and the Town of Bay Harbor Islands. The City computes the Village sewage volume by reading the City meter and subtracting the Surfside and Bay Harbor meter readings. The Village has disputed the City invoicing as they have not been consistent with the flows which have been recorded by the existing Village meter located at PS2. During the negotiations, the Village agreed to install a new Master Sewage Flow Meter to be owned and utilized by the City in their determination of appropriate invoicing for the sewage conveyed through the City sewage system with the final delivery to the Miami Dade County Virginia Key Treatment Facility. On March 22, 2016, the Bal Harbour Village Council passed Resolution No. 2016-1000, <iuthorizing the installation of the new Master Sewage Flow Meter adjacent to Pump Station No. Two (PS-2).This meter was deemed vital in order to determine with a high level of accuracy, the volume of sewage conveyance transmitted by the Village to and invoiced by the City. The Village budgets in excess of one million ($1,000,000) dollars annually for this service and even a five (5%) discrepancy is significant. The new meter installation was recently completed by the Village at the PS-2 Facility for the purposes of the pending agreement with the City. Subsequent to the completion of this work, the Village and the City staff have completed the ongoing negotiations and now wish to enter into a new agreement for sewage conveyance for disposal services. The term of the new agreement is for an initial term of five (5) years. This Agreement shall be automatically renewed for subsequent, consecutive terms of five (5) years each, subject to termination by either party, upon one hundred eighty (180) days written notice to the other. CONCLUSION I have reviewed this agreement and determined it to be in the best interest of the Village. Therefore, I recommend approval of this resolution approving the agreement with the City of Miami Beach to provide sewage conveyance services as detailed within the agreement. I also recommend the authorization of the subsequent renewals of this agreement as stipulated within the agreement. Attachments: 1. Exhibit A-Sewer Conveyance Agreement between Bal Harbour Village and the City of Miami Beach 55 Page 341 of 878 1 · RESOLUTION NO. 2017-1068 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH TO PROVIDE SEWAGE CONVEYANCE SERVICES FOR AN INITIAL FIVE YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FORAN EFFECTIVE DATE WHEREAS, the City of Miami Beach (the City) historically has provided sewage conveyance for disposal services to Bal Harbour Village (the Village); most recently pursuant to an agreement entered into between the Village and the City, dated November 17, 1971; and approved by the City pursuant to Resolution No. 13447 (The "1971 Agreement");and WHEREAS, on December 5, 1979, pursuant to Resolution No. 79-16116 (and in anticipation of the connection of the City System to the Virginia Key Treatment facility), the City exercised its right to terminate the 1971 Agreement; notwithstanding such termination, however, the City and the Village's intent was not to discontinue the City's provision of the services to the Village, but rather to continue to provide them on a month to month basis until new terms including, without limitation, new rates under an appropriate rate setting procedure (after the City's costs could be determined for operation under the new system) could be established; and WHEREAS, the City and the Village now wish to enter into a new agreement for sewage conveyance for disposal services (hereinafter, the Services); particularly insofar as memorializing the new rate of compensation to be paid by the Village to the City is concerned. WHEREAS, this Council finds the approval of the agreement between the Village and Bal Harbour Village-Resolution 2017-1068 1 Page 342 of 878 PASSED AND ADOPTED this 17th day of January, 2017 . . /Mayor ATTES~ Dwight S. Dariie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ eiss Serota Helfman Cole & Bierman, P.L. Reviewed and Approved by Village Attorney Matthew J. Pearl Bal Harbour Village-Resolutlon 2017-1068 3 Page 343 of 878 ... THIS INSTRUMENT PREPARED BY: Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 Telephone: 305.854.0800 BILL OF SALE FOR TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the BAL HARBOUR VILLAGE, a Florida municipal corporation ("VILLAGE"), whose mailing address is 655 -96TH Street, Bal Harbour, Florida 33154, hereby grants, bargains, sells, transfers, and delivers to the City of Miami Beach ("City"), whose mailing address is 1700 Convention Center Drive, Miami Beach, Florida 33139, the following goods, chattel and equipment ("Improvements"): Village, for itself and its successors and assigns, covenants to and with the City and their successors and assigns, that it is the lawful owner of the Improvements; that the Improvements are free from all encumbrances; that Village has good right to sell and convey the Improvements; and that Village will warrant and defend the sale of the Improvements to the City, and their successors and assigns, against the lawful claims and demands of all persons whomsoever. Village has executed this Bill of Sale on the date set forth below lts signature. [SIGNATURE BLOCK ON NEXT PAGE] EXHIBIT I 'B 66 Page 344 of 878 Witnesses: Signature: __________ _ Print name: _________ _ Signature:---------- Print name:. _________ _ STATE OF FLORIDA COUNTY OF MIAMI-DADE \• \ Bal Harbour Village, ii Florida municipal . \ corporation \ By;. __________ _ Jorge Gonzalez, Village Manager Date:~·------------ The foregoing instrument was acknowledged before me on by Jorge Gonzalez, as Village Manager of the Village of Bal Harbour, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. [SEAL] / I / / / I . I I Notary Public, State of Florida Print Name:. _________ _ My Commission Expires, _____ _ 2 67 Page 345 of 878 THIS INSTRUMENT PREPARED BY: Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 Telephone: 305.854.0800 BILL OF SALE FOR TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the BAL HARBOUR VILLAGE, a Florida municipal corporation ("VILLAGE"), whose mailing address is 655 96TH Street, Bal Harbour, Florida 33154, hereby grants, bargains, sells, transfers, and delivers to the City of Mipmi Beach ("City"), whose mailing address is 1700 Convention Center Drive, Miami Beach, Florida 33139, the following goods, chattel and equipment ("Improvements"): • One (1) EMCO flow systems, MAG FLO type MAG 5000 flow meter serial number# N1C0150053. Village, for itself and its successors and assigns, covenants to and with the City and their successors and assigns, that it is the lawful owner of the Improvements; that the Improvements are free from all encumbrances; that Village has good right to sell and convey the Improvements; and that Village will warrant and defend the sale of the Improvements to the City, and their successors and assigns, against the lawful claims and demands of all persons whomsoever. Village has executed this Bill of Sale on the date set forth below its signature. [SIGNATURE BLOCK ON NEXT PAGE] Page 346 of 878 ;'''!' ~ f Witnesses: Signature: __________ _ Print name:. __________ _ Signature: __________ _ Print name:. _________ _ STATE OF FLORIDA COUNTY OF MIAMI-DADE . ..,. ·"" ,._ '-.r:';'' ' ' . . •. Bal Harbour Village, a Florida municipal corporation By: ___________ _ Jorge Gonzalez, Village Manager Date: ____________ _ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~fa/;+ The foregoing instrument was acknowledged before me on. __________ _ by Jorge Gonzalez, as Village Manager of the Village of Bal Harbour, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced __________ as identification. Notary Public, State of Florida Print Name:. _________ _ My Commission Expires. _____ _ [SEAL] 2 Page 347 of 878 Resolutions - C7 L COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, ACCEPTI NG THE WRITTEN RECOMMENDATION OF THE CI TY MANAGER (AS FURTHER SET FORTH I N THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVI NG, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BI DDI NG REQUI REMENTS, FI NDING SUCH WAIVER TO BE I N THE CITY'S BEST I NTEREST, AND AUTHORIZING THE PURCHASE OF SD-42 IRONSI TE SERIES LI TTER RECEPTACLES FROM SI TE HORIZONS, LLC., THE SOLE AUTHORIZED DI STRIBUTOR OF VICTOR STANLEY LI TTER RECEPTACLES IN THE STATE OF FLORI DA, FOR PURPOSES OF STANDARDI ZI NG LITTER RECEPTACLES CITYW I DE, I N AN AMOUNT NOT TO EXCEED $240,000 ANNUALLY, FOR A PERI OD OF THREE (3) YEARS. RECOMMENDATION Adopt the Resolution. ANALY SIS In 2004, the Sanitation Division began to transition to the Victor Stanley litter receptacles due to their aesthetic, durability, and the fact that the Victor Stanley brand is the standard amongst many government agencies, including the City of Key West, Fort Lauderdale and Orlando. I n 2014 the Sanitation Division looked to replace the older model receptacles with the new SD-42 model. The replacement of the older models was made possible by the approval of Resolution 2014-28734 by the Mayor and City Commission on September 10, 2014. At the present time the City has 1,169 Victor Stanley SD-42 Ironsite series litter receptacles Citywide. In addition the City has 1,130 litter receptacles comprised of seven (7) different types. The cost of these receptacles ranges from $150.72 to $3,072. The current price extended to the City of Miami Beach f or the SD-42 Ironsite series litter receptacles is $1,384.40. This makes the price of these receptacles comparable and often favorable when compared to market prices for similar products. The standardization of litter receptacles f or the City would result in the replacement of the 1,130 litter receptacles. The estimated cost of replacing these receptacles is $1,564,372. The maintenance of all litter receptacles currently in the City, as a result of the seven (7) dif ference Page 348 of 878 types, is currently budgeted at $60,000 annually. After replacement, and as a result of the use of a Hot Dip Galvanizing (HDG) process used by Victor Stanley, the annual estimated cost of repairs is $30,000. The Hot Dip Galvanizing (HDG) process extends the lif e expectancy to 3-5 years, therefore minimizing the need for frequent maintenance. For over a decade, the Sanitation Division has been satisfied with the SD-42 I ronsite series litter receptacles f rom Site Horizons. The City is extended a 10% discount by Site Horizons for the purchase of SD-42 receptacles. Additionally, the SD-42 model has various upgrade options for the City if necessary. Moreover, for over 54 years Victor Stanley has been a worldwide leader in quality site f urnishings. They meticulously design, engineer, and manufacture every detail to ensure their site furnishings will withstand the test of time. Thanks to their integrated designs and innovative use of materials and technology, they produce durable, strong, f unctional, and attractive site furnishings. Due to the extended life expectancy of the Victor Stanley SD-42 I ronsite series litter receptacles as a result of the HDG treatment, the extended discount to the City, the various upgrade options available, and the savings to the budgeted maintenance of the litter receptacles, the City continues to utilize and f urther recommends the continued use of the SD- 42 I ronsite series litter receptacles, f rom Site Horizons, LLC., the sole authorized sales representative of Victor Stanley, I nc. CONCLUSION Based on the foregoing, I recommend that the Mayor and City Commission adopt this resolution to waive, by a 5/7ths vote, the formal competitive bidding requirements, finding such a waiver to be in the City’s best interest, and authorize the purchase of SD-42 I ronsite series litter receptacles f rom Site Horizons, LLC., the sole authorized representative of Victor Stanley, Inc. for the State of Florida, for purposes of standardizing litter receptacles Citywide, in an amount not to exceed $240,000 annually, for a period of three (3) years. KEY INTENDED OUTCOMES SUPPORTED Improve Cleanliness In High Traffic Residential And Pedestrian Areas, Including Maximizing Deployment Of Trash Cans On Every Corner FINANCIAL INFORMATION Grant f unding will not be utilized for this project. Amount 1 $210,000 Account 1 435-0430-000343-29-421-511-00-00-00 Amount 2 $30,000 Account 2 435-0430-000342-29-413-511-00-00-00 Total $240,000 Legislative Tracking Public Works ATTACHMENTS: Description Page 349 of 878 Resolution Page 350 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF SD-42 IRONSITE SERIES LITTER RECEPTACLES FROM SITE HORIZONS, LLC., THE SOLE AUTHORIZED DISTRIBUTOR OF VICTOR STANLEY LITTER RECEPTACLES IN THE STATE OF FLORIDA, FOR PURPOSES OF STANDARDIZING LITTER RECEPTACLES CITYWIDE, IN AN AMOUNT NOT TO EXCEED $240,000 ANNUALLY, FOR A PERIOD OF THREE (3) YEARS. WHEREAS, the Sanitation Division has been using Victor Stanley, Inc. litter receptacles since 2004; and WHEREAS, on September 10, 2014, the Mayor and City Commission approved Resolution No. 2014-28734, authorizing the purchase of SD-42 Ironsite series litter receptacles from Victor Stanley, Inc.; and WHEREAS, the City began replacing the older model receptacles with the new SD-42 model during Fiscal Year 2013-14, which model has various upgrade options; and WHEREAS, at the present time, the City has 1,169 SD-42 Ironsite series litter receptacles Citywide; and WHEREAS, a Hot Dip Galvanizing (HDG) process is completed on the SD-42 Ironsite series litter receptacles, which results in a surface that is resistant to rust and thus extends the life expectancy to 3-5 years; and WHEREAS, Site Horizons, LLC, the sole authorized distributor of Victor Stanley litter receptacles in the State of Florida, has extended to the City a 10% discount in connection with the purchase of new litter receptacles; and WHEREAS, due to the extended life expectancy of the Victor Stanley SD-42 Ironsite series litter receptacles, the discount extended to the City, and the various upgrade options associated with the new SD-42 Ironsite model, the City Manager recommends the continued use of the SD-42 Ironsite series litter receptacles, and waiver of the competitive bidding requirements with respect to additional purchases of litter receptacles, as being in the best interest of 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 the City Commission hereby accept the written recommendation of the City Manager (as further set forth in the City Commission memorandum accompanying this Resolution) and waive, by a 517th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the purchase of SD-42 Ironsite Series Litter receptacles from Site Horizons, LLC., the sole authorized representative of Victor Stanley, Inc. for the State of Florida, for purposes of standardizing litter receptacles Citywide, in an amount not to exceed $240,000 annually, for a period of three (3) years. Page 351 of 878 PASSED AND ADOPTED this day of 2017 ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION L ((3 ( City Attorney iLke Date T:\AGENDA\2017\2 February\Procurement Department\Standardization of Litter Receptacles\Standardization of Litter Receptacles-Reso.doc Page 352 of 878 Resolutions - C7 M COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, APPROVI NG AND AUTHORI ZI NG THE MAYOR AND CITY CLERK TO MODI FY A GRANTED NON-EXCLUSI VE UTI LITY EASEMENT TO CONTAIN AN AREA OF APPROXI MATELY 2,095 SQUARE FEET (SF), TO FLORIDA POWER AND LIGHT (FPL) AT THE MI AMI BEACH CONVENTION CENTER PROPERTY, LOCATED AT 1901 CONVENTI ON CENTER DRIVE, FOR THE OPERATI ON AND MAI NTENANCE OF DUCTBANKS, PAD MOUNTED TRANSFORMER, AND ASSOCIATED EQUIPMENT SERVING THE CONVENTI ON CENTER AND REGIONAL STORMWATER PUMP STATION, W HICH EASEMENT IS ATTACHED HERETO AS EXHIBI T I. RECOMMENDATION The Administration recommends adopting the Resolution. ANALY SIS As part of the Convention Center Renovation & Expansion Project, a Resolution was passed at the June 8, 2016 Commission Meeting to grant FPL a non-exclusive utility easement for the operation and maintenance of electrical ductbanks, transformers, and related equipment. These facilities are necessary in order to service the increased loads of the Convention Center complex, as well as service a new regional stormwater pump station at the northeast corner of the convention center site. Due to constructability and field adjustments, an additional easement is necessary to include the area described in Exhibit I . CONCLUSION The Administration recommends adopting the Resolution. Legislative Tracking Page 353 of 878 Public Works Page 354 of 878 Resolutions - C7 N COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, ACCEPTI NG THE WRITTEN RECOMMENDATION OF THE CI TY MANAGER REGARDING THE EXISTENCE OF A PUBLI C EMERGENCY AND, ACCORDINGLY, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BI DDING REQUI REMENT, FI NDING FURTHER THAT THE BEST INTEREST OF THE CITY WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CI TY MANAGER OR HI S DESIGNEE TO NEGOTIATE AMENDMENT NO. 1 TO THE PROFESSI ONAL SERVICES AGREEMENT WITH RIBBECK ENGI NEERING, APPROVED PURSUANT TO RESOLUTI ON NO. 2016- 29456, FOR THE “I NDIAN CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET - FLOODING MI TI GATION PROJECT”; SAI D AMENDMENT IN THE AMOUNT OF $744,863.99 PLUS A $74,486.39 CONTINGENCY, FOR A TOTAL AMOUNT OF $819,350.38 FOR THE PREPARATI ON OF A SET OF CONSTRUCTION PLANS FROM 25TH TO 26TH STREET AND 26th TO 41ST STREET I NCLUDING SIDE STREETS ALONG THE ENTI RE PROJECT LIMITS. THE CONSTRUCTION PLANS WILL INCLUDE ROADWAY, TRAFFI C CONTROL PLANS, SEAWALL, DRAINAGE, SI GNI NG AND PAVEMENT MARKINGS AND SI GNALI ZATI ON COMPONENTS. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Public Works ATTACHMENTS: Description Ribbeck executed contract Page 355 of 878 Scope of work Page 356 of 878 Page 357 of 878 Page 358 of 878 Page 359 of 878 Page 360 of 878 Page 361 of 878 Page 362 of 878 Page 363 of 878 Page 364 of 878 Page 365 of 878 Page 366 of 878 Page 367 of 878 Page 368 of 878 Page 369 of 878 Page 370 of 878 Page 371 of 878 Page 372 of 878 Page 373 of 878 Page 374 of 878 Page 375 of 878 Page 376 of 878 Page 377 of 878 Page 378 of 878 Page 379 of 878 Page 380 of 878 Page 381 of 878 Page 382 of 878 Page 383 of 878 Page 384 of 878 Page 385 of 878 Page 386 of 878 Page 387 of 878 Page 388 of 878 Page 389 of 878 Page 390 of 878 Page 391 of 878 Page 392 of 878 Page 393 of 878 Page 394 of 878 Page 395 of 878 Page 396 of 878 Page 397 of 878 Page 398 of 878 Page 399 of 878 Page 400 of 878 Page 401 of 878 Page 402 of 878 Page 403 of 878 Page 404 of 878 Page 405 of 878 Page 406 of 878 Page 407 of 878 Page 408 of 878 Page 409 of 878 Page 410 of 878 Page 411 of 878 Page 412 of 878 Page 413 of 878 Page 414 of 878 Page 415 of 878 Page 416 of 878 Page 417 of 878 Page 418 of 878 Page 419 of 878 Page 420 of 878 Page 421 of 878 Page 422 of 878 Page 423 of 878 Page 424 of 878 Page 425 of 878 Page 426 of 878 Page 427 of 878 Page 428 of 878 Page 429 of 878 Page 430 of 878 Page 431 of 878 Page 432 of 878 Page 433 of 878 Page 434 of 878 Page 435 of 878 Page 436 of 878 Page 437 of 878 Page 438 of 878 Page 439 of 878 Page 440 of 878 Page 441 of 878 Page 442 of 878 Page 443 of 878 Page 444 of 878 Page 445 of 878 Page 446 of 878 Page 447 of 878 Page 448 of 878 Page 449 of 878 Page 450 of 878 Page 451 of 878 Page 452 of 878 Page 453 of 878 Page 454 of 878 Page 455 of 878 Page 456 of 878 Page 457 of 878 Page 458 of 878 Page 459 of 878 Page 460 of 878 Page 461 of 878 Page 462 of 878 Page 463 of 878 Page 464 of 878 Page 465 of 878 Page 466 of 878 Page 467 of 878 Page 468 of 878 Page 469 of 878 Page 470 of 878 Page 471 of 878 Page 472 of 878 Re solutions - C7 O COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ADOPTI NG THE ACTI VE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES ("ACTI VE DESIGN MI AMI "), DEVELOPED BY THE MIAMI CENTER FOR ARCHI TECTURE AND DESIGN ("MCAD"); AND DI RECTING CITY STAFF TO I NCORPORATE ACTIVE DESIGN MIAMI STRATEGIES INTO PLANNING FUNCTIONS, W HEREVER POSSIBLE. ANALY SIS See Memorandum Attached. Legislative Tracking Environment & Sustainability ATTACHMENTS: Description Memorandum Resolution Page 473 of 878 City of Miami Beach, 1700 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: February 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE IMPLEMENTATION OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD); AND DIRECTING STAFF TO INCORPORATE STRATEGIES INTO PLANNING FUNCTIONS AS FEASIBLE BACKGROUND On December 13, 2016, the Sustainability Committee passed a motion recommending the Sustainability and Resiliency Committee (SRC) to support a resolution adopting Active Design Miami (ADM) strategies for the City of Miami Beach. At the January 18, 2017 SRC, the ADM team presented the item to the Committee and explained the importance of having a series of strategies to design healthier and more active buildings and public spaces in Miami Beach. SRC supported this resolution to implement active design guidelines. ANALYSIS The Center for Active Design is a non-profit organization that is working on national scale to promote design that fosters healthy and engaged communities. It takes a multi-disciplinary approach to translate research into practical design solutions. Their mission is to transform design and development practice, ensuring equitable access to vibrant public and private spaces that support healthy communities. Inspired by the precedent of design impacting public health in the 19th century, as recognized by the massive reduction in the spread of infectious diseases, Active Design builds on health research demonstrating that design can impact today's biggest challenges around the physical, mental, and social well-being of communities around the world. Active Design aims to transform the built environment through key concepts:  Active Transportation: supporting a safe and vibrant environment for pedestrians, cyclists, and transit riders, considering wide sidewalks and safe crosswalks and traffic calming elements that slow driving speeds.  Active Buildings: encouraging greater physical movement of users and visitors within Page 474 of 878 the building site, including design considerations such as stairs that are accessible, visible, attractive, and well-lit and on-site gardening opportunities.  Active Recreation: providing access to recreation and play spaces that accommodate different ages, interests, and abilities; considering parks, plazas, and playgrounds that are easily accessed by pedestrians and cyclists and spaces and activities that respond to unique local and cultural preferences.  Food Access: offering opportunities for growing or purchasing fresh fruits and vegetables, considering space for a full-service grocery store, rooftop gardens and greenhouses. Miami-Dade County faces a number of challenges that can benefit from use of Active Design strategies. The region is experiencing many common health concerns, including rising obesity and chronic disease rates, and high rates of depression and other mental health issues. In addition, Miami-Dade is experiencing significant demographic shifts and a reorientation toward urban living. ADM capitalizes on this surge of attention and collaborative interest around identifying design solutions to support healthy living. Over the last two years, Miami Center for Architecture & Design (MCAD) has been working with the Centers for Disease Control and Prevention (CDC) and Florida Department of Health (FDOH) to develop contexts to provide a toolkit for both short- and long-term action to improve community health and wellbeing. The Active Design Miami Advisory Council was formed to inform the press and create the ADM. ADM provides a series of strategies to design healthier and more active buildings and public spaces. MCAD is working now with local municipalities to incorporate into their planning process the priorities of the ADM report. CONCLUSION The following is presented to the members of the Mayor and City Commission for discussion. Staff recommends adoption of the proposed resolution. Attachment A: Miami Active Design Resolution For more information on Miami Active Design, please access: https://drive.google.com/file/d/0B_11_OW_ZUOATmJLVU9qemllRm8/view SMT/ESW /FCT Page 475 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES ("ACTIVE DESIGN MIAMI"), DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN ("MCAD"); AND DIRECTING CITY STAFF TO INCORPORATE ACTIVE DESIGN MIAMI STRATEGIES INTO PLANNING FUNCTIONS, WHEREVER POSSIBLE. WHEREAS, today's global epidemic of chronic health conditions and diseases is driven by a range of factors, which include the powerful impacts of the built environment; and WHEREAS, in an effort to reverse negative health trends, the Centers for Disease Control and Prevention ("CDC") recommend that communities focus on supporting healthy eating and active living in a variety of settings; and WHEREAS, planners, architects, and public health professionals, working collaboratively, can serve an essential role in addressing rapid increases in the incidence of chronic health conditions and diseases, especially in light of mounting scientific evidence demonstrating the impact of environmental design on physical activity and healthy eating; and WHEREAS, Active Design Miami: Design & Policy Strategies for Healthier Communities ("Active Design Miami"), which was developed by the Miami Center for Architecture and Design ("MCAD"), is an approach to shaping communities that leverages evidence-based urban design and architecture solutions to improve public health by influencing day-to-day behavior, all of which can directly impact community wellbeing (See Active Design Miami, attached as Exhibit "A"); and WHEREAS, Active Design Miami is the product of a partnership between MCAD, the CDC, and the Florida Department of Health in order to develop design strategies for use by Miami-Dade County and the municipalities; and WHEREAS, after a one-year-long collaborative and open process which included Miami- Dade County and 20 local municipalities, Active Design Miami was developed in such a way as to include strategies suited to Miami-Dade's context and needs; and WHEREAS, Active Design Miami provides architects, planners, urban designers and governments with a manual of strategies for creating healthier buildings, streets, and urban spaces, based on the latest academic research and best practices in the field; and WHEREAS, the City of Miami Beach is committed to creating a physically active and healthy community through urban design by incorporating Active Design Miami strategies into planning functions, wherever possible. Page 476 of 878 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 adopt the Active Design Miami: Design and Policy Strategies for Healthier Communities, developed by the Miami Center for Architecture and Design; and direct City staff to incorporate Active Design Miami strategies into planning functions, wherever possible. PASSED AND ADOPTED this day of , 2017. ATTEST: Philip Levine Mayor Rafael E. Granado City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION FAATTO\KALN\RESOLUTIONS1Active Design Reso.docx Page 477 of 878 Re solutions - C7 P COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER, OR HIS DESI GNEE, TO APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (I NCLUDI NG MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION W I TH THE FOLLOWING GRANTS AND FUNDING AGREEMENTS: 1) THE CHILDREN'S TRUST, FAMI LY AND NEI GHBORHOOD SUPPORT PARTNERSHI PS, I N THE APPROXI MATE AMOUNT OF $500,000; 2) FLORI DA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FOR THE FLORI DA URBAN AND COMMUNITY FORESTRY PROGRAM, IN THE APPROXI MATE AMOUNT OF $29,247; 3) FLORIDA OFFICE OF THE ATTORNEY GENERAL, VICTI MS OF CRI ME ACT GRANT, I N THE APPROXIMATE AMOUNT OF $425,000; 4) FLORIDA DEPARTMENT OF HEALTH, FOR THE EMERGENCY MEDICAL SERVI CES MATCHING GRANT PROGRAM, I N THE APPROXIMATE AMOUNT OF $26,000; 5) FLORIDA RECREATI ON AND PARK ASSOCIATION (FRPA) FOR THE FIT2PLAY PROGRAM IN THE APPROXIMATE AMOUNT OF $5,000, AND; 6) APPROVAL TO PARTI CI PATE WITH THE I NTERNATIONAL COUNCI L FOR LOCAL ENVIRONMENTAL INI TIATIVES (ICLEI) I N A GRANT APPLICATION TO THE VOLKSWAGEN GROUP OF AMERI CA. RECOMMENDATION Adopt the Resolution. ANALY SIS 1 . Approval to submit a grant application to The Children’s Trust, Family and Neighborhood Support Partnerships, in the approximate amount of $500,000. The Children’s Trust Family and Neighborhood Support Partnerships program provides funding to address targeted geographic areas and reach at-risk populations in Miami-Dade County. The program’s purpose is to provide comprehensive and accessible f amily supports within the community, including homes, to address family and youth challenges. The City was awarded an initial planning grant for the Service Partnership in 2007 and has been operating the program successfully since then. Success University is a service collaborative that integrates a variety of community agencies and resources to provide Miami Beach youth at-risk f or truancy and other Page 478 of 878 behaviors with personal and academic supports. Youth and their families are provided holistic, comprehensive services to ensure f amily stability and youth success. Service components currently include: tutoring; family assessments; care plan coordination; f amily team conf erencing; employment services; and ref errals to community-based services. The grant also funds 'Step Up', a program f or youth with outdoor school suspensions, which applies restorative justice strategies and a school work component. This year, the City plans to increase the quality of care to its participants by removing program service limits and enhancing services with additional follow-up visits; increasing the number of youth provided with tutoring services and emphasizing study habits in addition to homework help; and increasing the number of transit cards provided to participants. Subcontracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract perf ormance and efficacy in the previous program year. In order to intensify services and meet Request for Proposals (RFP) requirements, the number of families that the City is expected to serve will be 150. This program supports the key intended outcome to achieve education (K-12) excellence and does not require matching f unds. 2 . Retroactive approval to submit a grant application to Florida Department of Agriculture and Consumer Services in the approximate amount of $29,247 to protect and restore urban tree canopy f or stormwater management Federal support to the Florida Urban and Community Forestry (UCF) Grant Program is authorized by the Cooperative Forestry Assistance Act of 1978. The UCF Program’s goal is to develop, enhance and support sustainable urban and community f orestry programs throughout Florida by encouraging citizen and community involvement. Rapid urbanization and increased climatic fluctuations have led to an increased risk of flooding and degraded water quality. Protecting and restoring urban forests are key stormwater management strategies, resulting in significant cost savings. There are opportunities for communities to incorporate tress as part of their required stormwater management programs. In the application, the Administration specifically identif ied the professional services to be provided by the Green Infrastructure Center to evaluate green inf rastructure assets and make plans to conserve them. The scope of this project includes an analysis of current extent of the urban f orest, assess stormwater uptake and make recommendations regarding code changes/incentives/programs that can integrate and utilize the urban forest for better stormwater management. Community outreach is also included. This grant requires a match, and an in-kind match is acceptable; the city will provide the entire match in in-kind funds including salaries, and this grant supports the key intended outcome to maintain Miami Beach public areas and rights-of -way citywide. 3 . Approval to submit a grant application to Florida Of f ice of The Attorney General, Victims of Crime Act Grant in the approximate amount of $425,000 The Office of the Attorney General provides Victims of Crime Act (VOCA) grant funds from the U.S. Department of Justice to support the provision of services to victims of crime. The City receives these funds annually, and plans to apply f or continued funding in the approximate amount of $425,000 for the Police Department’s Victim Advocate Program. This year, the City intends to apply f or funding for two full time victims’ advocate positions and benefits and one partial victims’ advocate position salary. The City will provide matching funds in the approximate amount of $106,000 from the Police Department’s operating budget. This grant supports the key intended outcome insist on Police Department accountability and skilled management/leadership. Page 479 of 878 4 . Approval to submit a grant application to the Florida Department of Health, Emergency Medical Services Grant Program in the approximate amount of $26,000 The State of Florida Emergency Management Services (EMS) matching grant program provides emergency medical service providers with funds to acquire, repair improve or upgrade emergency medical services systems. Funds must be used for the improvement and expansion of emergency medical services within the list of eligible activities outlined by the State. The Administration intends to request f unding in the approximate amount of $26,000 to expand the citywide automated external def ibrillator (AED) program. Funds will be used to purchase additional AEDs, AED cabinets, and AED 3-way signs. The grant requires a 25% match of the total project cost. The Fire Department has funding available in the amount of $6,500 in its operating budget to cover the costs of this match. 5 . Approval to submit a grant application to the Florida Recreation and Park Association (FRPA) f or the Fit2Play program in the approximate amount of $5,000 The mission of the Florida Recreation and Park Association (FRPA) is to establish parks and recreation as a cornerstone of health, economic development, environmental sustainability and community throughout the state of Florida. Through the actions of engaging, education, advocating and sustaining, FRPA will equip local departments with the tools necessary to advance parks and recreation in these areas. The FRPA Board of Directors identified the Fit2Play program of The Park Foundation of Miami- Dade County as a pref erred program to implement critical components of health. The FRPA Foundation has committed $25,000 to f und the direct delivery of this program in Florida agencies. The Fit2Play Health, W ellness and Obesity Prevention After-School and Out-of - School Program is a local community-based intervention program that is helping to make kids healthier in a f un way. Launched in 2005, it is a program of the Miami-Dade County Parks, Recreation and Open Spaces Department that has been studied and endorsed by the University of Miami as being a national model. Proven and af f ordable, it is a health, wellness and nutrition solution for children, conveniently located at Miami-Dade parks throughout the County. The Administration has applied for funding in the amount of $5,000 for this program for the Parks Department. Matching funds are not required, and this supports the key intended outcome to achieve educational (K-12) excellence. 6 . Approval to participate with The International Council for Local Environmental Initiatives (I CLEI ) in a grant application to Volkswagen Group f or zero emission vehicle education programs and an electric vehicle charging infrastructure development and implementation program The Volkswagen Group of America, through its Electrify America Program, is investing $2 billion over the next 10 years in Zero Emission Vehicle (ZEV) inf rastructure and awareness, representing the largest commitment of its kind to date. The organization is currently accepting proposals to increase electric vehicle (EV) charging inf rastructure across America. The I nternational Council for Local Environmental Initiatives (ICLEI) is a leading global network of cities, towns and regions committed to building a sustainable future. The City of Miami Beach is a part of the ICLEI network. I CLEI plans to submit an application to Volkswagen to create a Page 480 of 878 connectivity corridor in order to increase the EV stations network and incentive the EV market and ICLEI would like to include Miami Beach as one of their member communities interested in participating in this nation-wide proposal. The application will f ocus on providing support to cities on a rolling basis, and the project will be replicable in cities across the U.S. ICLEI will also create case studies and standardized materials so cities beyond the 100 participating can learn from the best practices developed to create their own zero emission vehicle (ZEV) education programs. Funding to I CLEI will be divided into two phases: 1) Education and Awareness program development and implementation (including internal city/county costs and coordination expenses); and 2) Charging I nf rastructure program development and implementation. During this phase, each participating city will install up to f ive charging stations. Matching funds are not required f rom this grant. CONCLUSION Based on the aforestated analysis, the Administration recommends that the Mayor and City Commission adopt the Resolution to apply for, accept and appropriate f unds f or the abovementioned grants and funding agreements. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over T he Long Term FINANCIAL INFORMATION N/A Amount 1 T he Children's Trust, Family and Neighborhood Support Partnerships - $500,000. Account 1 Matching funds are not required. Amount 2 Florida Department of Agriculture and Consumer Services, Urban and Community Forestry Grant - $29,247. Account 2 In-kind matching funds will be provided in the form of salaries and operating expenses. Amount 3 Florida Office of the Attorney General, Victims of Crime Act Grant - Account 3 Matching funds in the approximate amount of $106,000 are available from the Police Department's Operating Budget. Page 481 of 878 $425,000. Amount 4 Florida Department of Health, Emergency Medical Services Grant - $26,000. Account 4 Matching funds in the approximate amount of $6,500 are available in the Fire Department's Operating Budget. Amount 5 Florida Recreation and Park Association, Fit2Play Grant - $5,000. Account 5 Matching funds are not required. Legislative Tracking Of f ice of Budget and Performance Improvement Page 482 of 878 Re solutions - C7 Q COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, REQUESTI NG THAT THE GOVERNOR OF FLORIDA APPLY FOR AND ADMINI STER FUNDI NG FROM THE VOLKSWAGEN ENVI RONMENTAL MITIGATI ON TRUST, CREATED PURSUANT TO A PARTIAL CONSENT DECREE BETWEEN VOLKSWAGEN AND THE U.S. ENVI RONMENTAL PROTECTI ON AGENCY ("EPA"), WHICH DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LI ABI LITY LITIGATION; AND PROVIDING FOR TRANSMITTAL OF THIS RESOLUTI ON TO THE OFFICE OF THE GOVERNOR OF FLORI DA. Legislative Tracking Environment & Sustainability ATTACHMENTS: Description Memo_VW AttachmentB_VW_ Resolution Page 483 of 878 City of Miami Beach, 1700 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: February 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE GOVERNOR OF FLORIDA TO APPLY FOR AND ADMINISTER FUNDS ASSOCIATED WITH THE PARTIAL CONSENT DECREE IN THE CASE OF VOLKSWAGEN “CLEAN DIESEL” MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION; PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND In October 2016, the U.S. government granted final approval of a $14.7 billion settlement against Volkswagen (VW) for violation of the Clean Air Act. As part of the settlement, VW will spend $10 billion on vehicle buybacks and $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology. This latter amount will be split between two investment programs that states, cities, and tribes can use to expand alternative fuel vehicle projects and access to zero emission vehicles (ZEVs). The State of Florida is entitled to an estimated $152 million under the Environmental Mitigation Trust Fund to support projects that reduce nitrogen oxide (NOx) emissions where VW vehicles were, are, or will be operated. In order to be eligible for these funds, the Governor of Florida must apply for beneficiary status no later than 60 days from the trust effective date. This Resolution urges Governor Rick Scott to apply for beneficiary status in order to allow the State of Florida access to these critical environmental sustainability dollars. ANALYSIS Volkswagen must use the ZEV investments to promote and advance the use and availability of ZEVs within certain categories of action that include: • ZEV infrastructure; • Education and public outreach; • Exposure and access; • The “Green City” initiative in California. Page 484 of 878 These efforts will promote the reduction of greenhouse emissions and petroleum use, promote the use of clean, alternative fuel technology through zero-emission vehicle deployment projects, including investment in green vehicle technology and charging stations. CONCLUSION The following resolution is presented to the members of the Mayor and City Commission for discussion. Staff recommends adoption of the proposed resolution. Attachment A: Resolution Attachment B: Volkswagen settlement funding: what cities should know SMT/ESW/FCT Page 485 of 878 Center for Climate and Energy Solutions 1 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 Settlement payments totaling $4.7 billion will be split into two distinct funds. Volkswagen will place $2.7 billion into an Environmental Mitigation Trust to fund projects that reduce nitrogen oxide (NOx) emissions where VW diesel 2.0 liter vehicles were, are, or will be operated. The remaining $2 billion will go toward zero emissions vehicle investments to improve infrastructure, access, and education to advance zero emission vehicles.1 2 This division of funds is shown in Figure 1. States will determine how the Environmental Mitigation Trust funds will be spent; Volkswagen will determine how the ZEV funds will be spent, subject to approval of the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). ENVIRONMENTAL MITIGATION TRUST HOW IS FUNDING DISTRIBUTED? Volkswagen will place $2.7 billion into a trust administered by an independent trustee, who will be named in the coming months. Each state has been allocated a certain percentage of the mitigation trust based on the amount of VW 2.0-liter diesel vehicles sold and operated there. Initial allocation of these funds is in Table 1.3 Prospective beneficiaries include U.S. states, the District of Columbia, Puerto Rico, and Native American tribes. To obtain funds for designated NOx projects, states must submit to the trustee a certification form, signed by the governor, that includes designation of a lead state agency that will manage the state’s allocation. States will then engage with stakeholders, create mitigation plans on how the allocated funds will be used within a 15-year timeframe, and oversee the subsequent distribution of funding for approved projects.4 HOW CAN THE MONEY BE SPENT? Funds from the mitigation trust may be used to upgrade aging diesel-powered vehicles, including repowering or replacing certain school, shuttle, and transit buses and freight trucks with newer, cleaner diesel engines or alternative fuels, including natural gas or electrification. For a complete list of eligible vehicles and cost offsets for non-government owned vehicles, please refer to Appendix D-2 of the consent decree. •For government vehicles, the funds can cover up to 100 percent of the cost to repower or replace 1 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW In October 2016, the U.S. government granted final approval of a $14.7 billion settlement against Volkswagen (VW) for equipping more than 500,000 of its diesel vehicles to cheat U.S. vehicle emissions tests in violation of the Clean Air Act. Volkswagen will spend $10 billion on vehicle buybacks and $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology. This latter amount will be split between two investment programs that states, cities, and tribes can use to expand alternative fuel vehicle projects and access to zero emission vehicles (ZEVs). Cities can play a key role, starting now, by identifying local emissions-cutting and zero-emission vehicle deployment projects that could benefit from increased investment and proposing ideas to states and Volkswagen about ways these funds can best be leveraged. U.S. POLICYDECEMBER 2016 Page 486 of 878 Center for Climate and Energy Solutions 2 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 FIGURE 1: Settlement Plan for Pollution Mitigation Volkswagen Mitigation Trustee California Investments National Investments CARB Oversight $0.8 billion EPA Oversight $1.2 billion Beneciaries (1 per state, tribe, territory & D.C.) Recipients (city programs, state agencies, utilities, etc.) Mitigation Trust $2.7 billion ZEV Investments $2.0 billion Funding pathways for recipients and investments under Mitigation Trust and ZEV Investment. Source: “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of-Consent-Decree.pdf. eligible vehicles with a new diesel, alternate fuel (CNG, propane, hybrid), or all-electric engine. • For non-government vehicles: the funds can cover up to 75 percent of the cost to repower or replace eligible vehicles with all-electric motors, and 25- 75 percent of the cost of new diesel or alternate fuel engines. • Each state may use up to 15 percent of its trust allocation to buy, install, operate and maintain new light-duty ZEV supply equipment, including Level 1, Level 2, or DC fast-charging stations located in a public setting, workplace, or multi- unit dwelling. Beneficiaries can also use trust funds for projects eligible under the state’s Diesel Emission Reduction Act (DERA) Clean Diesel Grant program such as truck stop electrification and idle reduction equipment, though funding is subject to program rules that govern voluntary spending and mandatory cost shares. Additional information for this option is available at the EPA DERA program website.5 WHAT HAPPENS NEXT? A trustee will be appointed to oversee the disbursement of funds to certified beneficiaries, and those beneficiaries will identify suitable uses and track progress. A more detailed timeline is provided below in Figure 2. Each certified beneficiary may request funding for identified projects at any time. Beneficiaries have up to 15 years to spend funds without restrictions, but may not spend more than one-third of their total allocations in the first year or more than two-thirds by the end of the second year. A full list of requirements for funding requests can be found in Appendix D (Section 5.2) of the consent decree. • Trust effective date: The court will select a trustee from a list of names provided by potential beneficiaries to administer the trust. The trust Page 487 of 878 Center for Climate and Energy Solutions 3 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 TABLE 1: INITIAL ALLOCATION OF MITIGATION TRUST INITIAL SUBACCOUNTS INITIAL ALLOCATIONS (IN MILLIONS OF DOLLARS) Alabama $24.08 Alaska $7.5 Arizona $53.01 Arkansas $13.95 California $381.28 Colorado $61.31 Connecticut $51.64 Delaware $9.05 District of Columbia $7.5 Florida $152.38 Georgia $58.11 Hawaii $7.5 Idaho $16.25 Illinois $97.7 Indiana $38.92 Iowa $20.18 Kansas $14.79 Kentucky $19.05 Louisiana $18.10 Maine $20.26 Maryland $71.05 Massachusetts $69.07 Michigan $60.33 Minnesota $43.64 Mississippi $9.25 Missouri $39.08 Montana $11.6 Nebraska $11.53 Nevada $22.26 INITIAL SUBACCOUNTS INITIAL ALLOCATIONS (IN MILLIONS OF DOLLARS) New Hampshire $29.54 New Jersey $65.33 New Mexico $16.9 New York $117.4 North Carolina $87.18 North Dakota $7.5 Ohio $71.42 Oklahoma $19.09 Oregon $68.24 Pennsylvania $110.74 Puerto Rico $7.5 Rhode Island $13.5 South Carolina $31.64 South Dakota $7.5 Tennessee $42.41 Texas $191.94 Utah $32.36 Vermont $17.8 Virginia $87.59 Washington $103.96 West Virginia $11.51 Wisconsin $63.55 Wyoming $7.5 Tribal Allocation Subaccount $49.65 Trust Administration Cost Subaccount $27 Tribal Administration Cost Subaccount $0.99 Total $2,700 Page 488 of 878 Center for Climate and Energy Solutions 4 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 BOX 1: How can cities get engaged in Mitigation Trust decisions? Cities can begin preparing now by identifying local projects that could benefit from increased investment to reduce NOx emissions in their communities. Tools to estimate the NOx reduction potential of different projects may be helpful and include the EPA’s Diesel Emissions Quantifier6 and Argonne National Laboratory’s Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) Tool.7 Local officials can engage with state agencies and regional EPA offices and collaborate with non-governmental stakeholders, such as Clean Cities coalitions, school boards, utilities, and advocates of low-income communities, to help identify possible projects. Once the state comment process is defined, cities can formally submit these recommendations for the mitigation plans. City leaders should identify which state office or agency will be charged with creating the state beneficiary mitigation plan. If this is not already determined, it is expected that state governors’ offices will determine the lead agencies soon. Once each state’s lead agency has been certified as a beneficiary, they can apply for funds to mitigate NOx emissions. Each state will develop its own process and timeline for accepting public input. For example, the Colorado Department of Public Health and Environment will be the lead agency in Colorado, and is working with other state agencies to gather public input about how the money should be spent.8 Other states, such as California,9 Oregon10 and Michigan,11 have published online their plans to begin outreach in 2016. Many of these states, as well as Connecticut, have established email distribution lists to share updates.12 FIGURE 2: Mitigation Trust Timeline Settlement effective date Oct. 2016 Trust effective date Deadline to apply for beneciary status Deadline for trustee to designate beneciaries Deadline for beneciaries to submit mitigation plans Deadline for supplemental funding requests Deadline to spend allocations 60–90 days 60 days 60 days Year 10 Year 1590 days Timeframe of relevant dates for beneficiaries to access and spend Mitigation Trust funding. Sources: “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of-Consent-Decree.pdf and “FAQ for Benefi- ciaries to the Volkswagen Mitigation Trust Agreement,” United States Environmental Protection Agency, last modified November 2016, https://www.epa.gov/sites/ production/files/2016-11/documents/faqsecondedition.pdf. Page 489 of 878 Center for Climate and Energy Solutions 5 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 effective date is marked by the court appointment of the trustee. The trustee may be appointed as early as the end of December 2016, but EPA has suggested that the appointment may be more likely in early 2017. All subsequent dates are relative to the trust effective date. • Deadline to apply for beneficiary status: Governors’ offices, or equivalent offices, will work with lead agencies to file a certification form to receive beneficiary status and be eligible to receive the allotted funds. These lead agencies will be designated beneficiaries and will work with stakeholders in their areas to identify projects eligible for mitigation funds. • Deadline for trustee to designate beneficiaries: The trustee will file a list of designated beneficiaries within 120 days of the trust effective date, and within 60 days of receiving claims. • Deadline for beneficiaries to submit mitigation plans to trustee: Upon being designated as a beneficiary, each state’s lead agency will have 90 days to submit a beneficiary mitigation plan. This plan will serve as a high-level summary of how the state expects to use the mitigation funds. Each plan should provide the beneficiary’s goal for using the funds, the categories of eligible actions that may be appropriate for the beneficiary, a description of how air quality will improve through use of the funds, and an estimate of reduced emissions through mitigation actions. Given the preceding timeline requirements, states may not able to submit their mitigation plans until summer 2017. However, proactive cities and stakeholders can support the process by engaging with states and preparing their intended recommendations now. • Deadline to request supplemental funding: Any beneficiary wishing to supplement its funding must establish with the trustee that it has obligated at least 80 percent of its allocated funds by the 10th anniversary of the trust effective date. The trustee has 90 days to designate any beneficiaries of remainder funds from the mitigation trust. • Deadline to spend allocations: Any unused funds by the 15th anniversary of the trust effective date will be returned to the mitigation trust and donated to federal agencies that control regions with inordinately high NOx emissions. ZEV INVESTMENTS HOW IS FUNDING DISTRIBUTED? Volkswagen is required to invest $2 billion over a period of 10 years in ZEV investments, spending in four 30-month cycles.13 The company has sole discretion to determine the location, timeline, and maintenance of the approved investments. VW will make Information about its investment process available at electrifyamerica. com. • $1.2 billion will be directed toward EPA-approved national ZEV investment plans. Volkswagen will be responsible for selecting and managing the ZEV investments. A U.S.-approved independent third party public accounting firm will audit and review costs of the investments, according to Appendix C (Section 2.7) of the consent decree. • $800 million will be dedicated to California ZEV investment plans that will be approved by the California Air Resources Board. An independent third party will also audit and review costs of investments in the state. HOW CAN THE MONEY BE SPENT? Volkswagen must use the ZEV investments to promote and advance the use and availability of ZEVs within certain categories of action that include:14 • ZEV infrastructure: Eligible activities include designing, planning, constructing, installing, operating and maintaining infrastructure. Infrastructure designations include shared Level 2 charging stations, as would be found at multi-unit dwellings, workplaces, and public locations; public DC fast charging stations that use non-proprietary connections (i.e., do not solely use Tesla’s proprietary connection); new heavy-duty ZEV fueling infrastructure (California only); ZEV fueling stations; and next-generation public ZEV charging infrastructure under the same conditions listed above. VW has stated on electrifyamerica.com that it is interested in Page 490 of 878 Center for Climate and Energy Solutions 6 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 FIGURE 3: ZEV Investment Timeline Settlement effective date Oct. 25, 2017 VW submits national outreach plan VW meets and confers with CARB VW submits draft national investment plan / VW meets and confers with EPA / VW submits CA investment plan VW submits national investment plan Completion of rst round of spending Apr. 2019 85 days 20 days 30 months 30 months 30 months 15 days 30 days remaining days 30 months Milestones for VW to develop and implement ZEV investment plans within the first 30 months. VW must develop and implement ZEV investment plans over four 30-month phases, shown above, and spend all funding within 10 years. Sources: “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of-Consent-Decree.pdf and “FAQ for Beneficiaries to the Volkswagen Mitigation Trust Agreement,” United States Environmental Protection Agency, last modified November 2016, https://www.epa. gov/sites/production/files/2016-11/documents/faqsecondedition.pdf. BOX 2: How can cities get engaged in ZEV investment decisions? Cities can submit comments and suggestions for VW’s first investment cycle at www.electrifyamerica.com until January 16, 2017. Comments and suggestions could include recommendations for local investments, in the categories listed above, that would promote and advance the use and availability of ZEVs in the community. The site offers a broad plan for how the company will direct the investments in current and future cycles, and includes a timeline for submissions for the first 30-month investment cycle. Cities should take note that VW has signaled a strong interest in developing DC fast-charging networks in regional corridors and in installing charging stations at diverse public locations in densely populated metro- politan areas. Information about the public comment process for California ZEV investments can be found on the CARB website.17 Page 491 of 878 Center for Climate and Energy Solutions 7 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 installing chargers in approximately 15 metro areas and developing a cross-country network of 200+ fast-charging stations during the first investment cycle.15 •Education and public outreach: All education and outreach activities must build or increase public awareness of ZEVs. In addition, all efforts must be brand-neutral and cannot prominently favor or advertise Volkswagen products. VW has listed on-site events and media-driven campaign as examples of these projects. •Exposure and access: Eligible programs or actions include those that increase public exposure and/or access to ZEVs without requiring consumers to purchase or lease at full market value. Such programs may include ZEV car- sharing and ride-hailing services, which may include but are not limited to autonomous ZEVs. VW has noted that these investments will likely be considered in later investment cycles, along with hydrogen fuel cell vehicle fueling infrastructure. •The “Green City” initiative in California: This initiative promotes but is not limited to ZEV applications in car sharing services, transit, and freight transport projects in select California cities that will be chosen by Volkswagen and local California authorities. In the context of the settlement, ZEV investments can promote programs and infrastructure that support most on-road cars, trucks, or buses that produce zero exhaust emissions. ZEVs include hydrogen fuel cell vehicles (FCVs), battery electric vehicles (BEVs), or plug-in hybrid electric vehicles (PHEVs) with specified minimum battery ranges. More details on eligible projects can be found in Appendix C (Section 1.9) of the consent decree.16 WHAT HAPPENS NEXT? Volkswagen must meet a series of deadlines to draft and implement EPA-approved National ZEV Investment plans, which requires the company to gather input from states, municipalities, tribes, federal agencies and other stakeholders in the near-term. Similarly, the automaker must submit and implement CARB-approved plans specific to California. A more detailed timeline is provided below in Figure 3. •VW submits national outreach plan: VW has submitted a plan detailing how the automaker will provide information to allow meaningful feedback from states, municipal governments, tribes, and federal agencies. The national outreach plan at electrifyamerica.com provides a timeline for outreach activities and a portal for interested parties to submit comments and project suggestions. VW is accepting comments for the first cycle until January 16, 2017. •VW meets and confers with CARB: At least 20 days before the California ZEV investment plan is due, VW will meet with CARB and review a draft to determine if any additional information should be included. The draft should provide detailed descriptions of its investments, estimated dates for completion, maintenance plans, a description of brand-neutral media activities, and an explanation of how investments meet California’s ZEV goals. •VW Submits California investment plan: VW must submit the California ZEV investment plan to CARB within 120 days of the settlement effective date, which is February 22, 2017. The plan must be reviewed and approved by CARB and published online. •VW Submits draft national investment plan: VW will submit a draft plan of the proposed investments for at least the next 30 months. The draft must be submitted to EPA within 120 days of the settlement effective date (by Feb. 22, 2017) or 30 days after the end of the comment acceptance period defined in the national outreach plan (whichever is later). The draft will summarize the plan’s key elements, comments received, and how those comments were considered. •VW meets & confers with EPA : EPA will provide VW with preliminary views on the draft. The national investment plan must be submitted to EPA within 30 days of this meeting. •VW Submits national ZEV investment plan: VW must submit a final plan for review and approval by EPA. Following approval, the plan must be published online for public access. The national ZEV investment plan will describe investments, estimated dates for completion, maintenance plans, Page 492 of 878 Center for Climate and Energy Solutions 8 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 Resources United States District Court Northern District of California Consent Decree, October 2016 www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of-Consent-Decree.pdf. EPA’s FAQ for Beneficiaries to the Volkswagen Mitigation Trust Agreement, November 2016 https://www.epa.gov/sites/production/files/2016-11/documents/faqsecondedition.pdf. EPA's FAQ on the Zero Emission Vehicle Investment, November 2016 https://www.epa.gov/sites/production/files/2016-11/documents/vw-faqs-app-c-final-11-18-16.pdf. California's FAQ on Consent Decree, November 2016 https://www.arb.ca.gov/msprog/vw_info/vw_faq.htm. Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) Tool Fact Sheet, October 2016 http://www.afdc.energy.gov/uploads/publication/afleet_measures_impacts.pdf. Diesel Emissions Quantifier (DEQ), October 2016 https://www.epa.gov/cleandiesel/diesel-emissions-quantifier-deq. VW Outreach Site for ZEV Investments– Electrify America, December 2016 https://www.electrifyamerica.com. brand-neutral media activities, and explain how investments will fit a need and increase the use of ZEVs in the United States. The first national ZEV investment plan is not required to include details on programs that increase public access to ZEVs, but subsequent plans will include this component. •Completion of first round of spending: VW must spend $300 million on national ZEV investments and $200 million on California ZEV investments within 30 months. The automaker may face financial penalties if this is not achieved, though any remaining money could be carried over to the next 30-month investment cycle. Page 493 of 878 Center for Climate and Energy Solutions 9 VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016 ENDNOTES 1 “Volkswagen Clean Air Act Partial Settlement,” United States Environmental Protection Agency, last modified October 26, 2016, https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement#investment. 2 “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of- Consent-Decree.pdf. 3 “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of- Consent-Decree.pdf. 4 “FAQ for Beneficiaries to the Volkswagen Mitigation Trust Agreement,” United States Environmental Protection Agency, last modified November 2016, https://www.epa.gov/sites/production/files/2016-11/documents/faqsecondedition. pdf. 5 “Volkswagen (VW) Settlement: DERA Option,” United States Environmental Protection Agency, last modified November 29, 2016, https://www.epa.gov/cleandiesel/volkswagen-vw-settlement-dera-option. 6 “Clean Diesel: Diesel Emissions Quantifier (DEQ),” United States Environmental Protection Agency, last modi- fied on October 18, 2016, https://www.epa.gov/cleandiesel/diesel-emissions-quantifier-deq. 7 “Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) Tool,” Argonne National Laboratory, last modified May 6, 2016, https://greet.es.anl.gov/afleet . 8 “Volkswagen and Audi Clean Air Act Partial Settlement,” Colorado Department of Public Health and Environ- ment, accessed November 17, 2016, https://www.colorado.gov/pacific/cdphe/VW. 9 “Volkswagen Diesel Vehicle Frequently Asked Questions,” California Environmental Protection Agency Air Re- sources Board, last modified November 10, 2016, https://www.arb.ca.gov/msprog/vw_info/vw_faq.htm. 10 “Volkswagen Diesel Settlement,” Oregon Department of Environmental Quality, accessed November 17, 2016, http://www.deq.state.or.us/aq/vw-settlement.htm. 11 “Volkswagen Settlement Request-for-Information,” Michigan Agency for Energy, released November 7, 2016, http://www.michigan.gov/energy/0,4580,7-230-71965-396988--,00.html. 12 “VW Settlement FAQ,” Connecticut Department of Energy and Environmental Protection, last modified November 9, 2016, http://www.ct.gov/deep/cwp/view.asp?a=2684&q=587296&deepNav_GID=1619. 13 “Volkswagen Clean Air Act Partial Settlement,” United States Environmental Protection Agency, June 28, 2016, https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement#investment. 14 “FAQ on the Zero Emission Vehicle Investment,” United States Environmental Protection Agency, last modified November 2016, https://www.epa.gov/sites/production/files/2016-11/documents/vw-faqs-app-c-final-11-18-16.pdf. 15 “Electrify America,” Electrify America, LLC, last modified December 9, 2016, https://www.electrifyamerica.com. 16 “Consent Decree,” Filed October 25, 2016, www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of- Consent-Decree.pdf. 17 “Volkswagen Settlement – California ZEV Investments,” California Environmental Protection Agency Air Re- sources Board, last modified November 14, 2016, https://www.arb.ca.gov/msprog/vw_info/vsi/vw-zevinvest/vw-zevinvest. htm. The Center for Climate and Energy Solutions (C2ES) is an independent, nonpartisan, nonprofit organization working to forge practical solutions to climate change. Our mission is to advance strong policy and action to reduce greenhouse gas emissions, promote clean energy, and strengthen resilience to climate impacts. 2101 WILSON BLVD. SUITE 550 ARLINGTON, VA 22201 703-516-4146 C2ES.ORG Page 494 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE GOVERNOR OF FLORIDA APPLY FOR AND ADMINISTER FUNDING FROM THE VOLKSWAGEN ENVIRONMENTAL MITIGATION TRUST, CREATED PURSUANT TO A PARTIAL CONSENT DECREE BETWEEN VOLKSWAGEN AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY ("EPA"), WHICH DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION; AND PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE OF THE GOVERNOR OF FLORIDA. WHEREAS, cities and urban areas are responsible for producing 70% of greenhouse gas ("GHG") emissions worldwide; and WHEREAS, by taking positive steps to reduce GHG emissions, cities can improve their quality of life, enhance their economic prosperity, and protect the livability of our cities; and WHEREAS, the City of Miami Beach has endorsed the pledge in the Compact of Mayors to reduce city-level GHG emissions, to track progress, and to enhance resilience; and WHEREAS, in an effort to reduce GHG emissions and petroleum use, it is important to promote the use of clean, alternative fuel technology through zero-emission vehicle deployment projects, including investment in green vehicle technology and charging stations; and WHEREAS, in October 2016, the United States District Court for the Northern District of California approved a $14.7 billion settlement between the U.S. Justice Department, Federal Trade Commission, the State of California, a class of vehicle owners, and Volkswagen ("VW"), in order to settle litigation arising out of VW's violations of the Clean Air Act; and WHEREAS, the $14.7 billion settlement requires WV to contribute $4.7 billion to mitigate vehicle pollution and invest in green vehicle technology; and WHEREAS, a portion of the $4.7 billion includes $2.7 billion which will be placed in an Environmental Mitigation Trust ("Trust") and allocated to beneficiaries (states, tribes, and certain territories) based on the number of impacted VVV vehicles in the respective jurisdictions; and WHEREAS, the Trust will support projects that reduce nitrogen oxide ("NOx") emissions in areas where the impacted VVV vehicles were, are, or will be operated; and WHEREAS, Florida's share of the Trust is approximately $152,379,150.00, based on the estimated number of impacted VW vehicles purchased in Florida between 2009 and 2016; and WHEREAS, each eligible state must file a single Certification Form to become a beneficiary of the funds no later than 60 days after the effective date of the Trust, and each Certification Form must include a designation of Lead Agency, certified by the Office of the Governor, indicating which agency, department, office or division will have the delegated Page 495 of 878 City Attorney Date authority to act on behalf of each state; and WHEREAS, only states with an approved beneficiary will be eligible for their portion of the Trust funds; and WHEREAS, states are required to file for beneficiary status by the deadline of approximately February 15, 2017. 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 City Commission hereby request that the Governor of Florida apply for and administer funding from the Volkswagen Environmental Mitigation Trust, created pursuant to a partial consent decree between Volkswagen and the U.S. Environmental Protection Agency ("EPA"), which was negotiated in order to settle the Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation. Section 2. The City Clerk is hereby directed to transmit an executed copy of this Resolution to the Office of Florida Governor Rick Scott. Section 3. Effective Date. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED this day of , 2017. ATTEST: Philip Levine Mayor Rafael Granado City Clerk APPROVED AS TO FORM & LANGUAGE & FOR F,XECUTI N FAATTO\KALN\RESOLUTIONSWVV Clean Diesel Litigation - Environmental Mitigation Trust Reso.docx Page 496 of 878 Resolutions - C7 R COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF MAYOR AND CI TY COMMI SSI ON OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATI ON OF THE NEIGHBORHOOD/COMMUNITY AFFAI RS COMMITTEE AND THE WRITTEN RECOMMENDATION OF THE CITY MANAGER, AND WAIVING, BY 5/7TH VOTE, THE COMPETI TI VE BIDDING REQUIREMENT, FI NDING SUCH WAI VER TO BE IN THE BEST I NTEREST OF THE CITY; SUCH WAI VER AUTHORI ZI NG THE ADMINI STRATION TO NEGOTI ATE A NEW AGREEMENT W I TH BI G BELLY SOLAR, INC, BASED UPON THE ESSENTI AL TERMS SET FORTH IN THIS RESOLUTI ON, FOR A TERM OF ONE (1) YEAR; FOR THE USE OF THE TW ENTY-FOUR (24) EXISTI NG SMARTBELLY TRASH CAN STATI ONS (WHICH ARE THE SUBJECT OF THE PI LOT PROGRAM), AND ADDING ADDITIONAL SMARTBELLY TRASH CAN STATIONS AT ADDI TI ONAL CI TY LOCATIONS, I N A TOTAL AMOUNT NOT TO EXCEED $99,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FI NAL NEGOTI ATED AGREEMENT; AND EXTENDING, ON A MONTH TO MONTH BASI S, THE AGREEMENT WITH BIG BELLY SOLAR, I NC, DATED DECEMBER 4, 2015, FOR A ONE (1) YEAR PILOT PROGRAM, UNTI L THE NEW AGREEMENT I S EXECUTED. RECOMMENDATION The Administration recommends approving the Resolution. ANALY SIS At its July 8, 2015 meeting, the City Commission accepted the recommendation of the May 27, 2015 Sustainability and Resilience Committee, to proceed with a pilot program and explore a range of financing options prof f ered by Big Belly Solar without advertising and subsequently adopted Resolution 2015-29067. On December 4, 2015 the City and Big Belly Solar, Inc. (Bigbelly) agreed to launch a 12-month pilot program that would allow f or the lease of twenty- four (24) Bigbelly + Smartbelly Double Stations under a service contract at a monthly rate of $128 per station, for a total monthly cost of $3,072. These stations were installed in key locations throughout the City, including the Entertainment Districts, Commercial Districts and City Parks. The determining f actors f or the placement of these stations were pedestrian traff ic, the available space allowing for ADA requirements, and the availability to sunlight. The larger f ootprint of the units does provide a challenge along narrow Page 497 of 878 sidewalks. Servicing of these stations is based on: email notif ication, visual inspection and customer c o mplaints . During the development of the pilot, it was estimated that there would be a decrease in the required servicing with these containers. On average, the stations have seen service reductions from: • Entertainment areas: f rom eighteen (18) times per week to seven (7) times per week • Commercial areas: f rom seven (7) times per week to two (2) times per week • Park areas: f rom seven (7) times per week to three (3) times per week The stations were most ef f ective in high traffic and commercial areas. It was also determined that these containers would be more user-friendly if they could be activated with a foot pedal as there was some resistance to having to open the container with the handle. ANALYSIS At its October 26, 2016 Sustainability and Resiliency Committee meeting, the Resiliency Committee requested a financial analysis be conducted of the Bigbelly pilot program. A presentation was made to the Finance and City Wide Projects Committee on December 16, 2 0 1 6. Preliminary cost information and program expansion possibilities were discussed. The Administration is still interested in extending the pilot program to see if the technology offers sufficient ef f iciencies in service and recycling to offset the higher cost of the Bigbelly stations. A discussion was held at the January 20, 2017 meeting of the Finance and Citywide Projects Committee. The Committee voted to expand the pilot program along Washington Avenue from 5th Street to 17th Street with the direction to report back in six (6) months. In addition, future financial analysis over an extended period of time should include cost of living adjustments for labor components. The item was discussed a the January 23, 2017 meeting at the Neighborhood/Community Af f airs Committee and the expansion of the pilot program was also endorsed. Staff will negotiate pricing for an extension of the pilot program. The current term of the pilot program expires at the end of February 2017. Until a new agreement can be reached and approved by City Commission. Formal action to extend the existing program under the same terms is required. CONCLUSION The Administration recommends approving the Resolution. Amount 1 99,000 Account 1 435-0430-000325-29-413-511-00-00-00 Legislative Tracking Public Works Page 498 of 878 Re solutions - C7 S COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner John Elizabeth Aleman DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, WAI VING CI TY FEES FOR THE RUCK FOR VETS MARCH ON APRIL 22, 2017. RECOMMENDATION ANALY SIS Please add to the February 9, 2017 City Commission Consent Agenda a resolution to waive the City f ees for the Ruck for Vets event to be held in Miami Beach on April 22, 2017, from 8:00 a.m. to 12:00 p.m. Ruck f or Vets is a six-mile f oot march to raise awareness and secure non-profit funding for veteran's suicide awareness and prevention. The fees to be waived include: $250 application f ee $250 permit fee $2500 security deposit If you have any questions please do not hesitate to call our office at ext. 6437. Legislative Tracking Commissioner John Elizabeth Aleman Page 499 of 878 Resolutions - C7 T COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Michael Grieco DAT E:February 8, 2017 SUBJECT:A RESOLUTION WAI VING THE SPECI AL EVENT FEES, IN THE AMOUNT OF $34,203.55, FOR THE MIAMI BEACH GAY PRIDE, PRESENTED BY CELEBRITY CRUI SES. ANALY SIS Please place on the February 8, 2017 Commission Agenda, an item waiving f ees for the Miami Beach Gay Pride, presented by Celebrity Cruises. $250.00 - Application Fee $500.00 - Permit Fee $5,250.00 - Vehicle Beach Access Passes (35) $11,069.05 - Sq. Ft. Fees (approximately) $8,577.25 - Lummus Park User Fee (based on 2016) $8,557.25 - Police & Fire Admin Fees (approximately) Total: $34,203.55 Legislative Tracking Commissioner Michael Grieco Page 500 of 878 Resolutions - C7 U COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, OPPOSI NG SB 534 AND ANY SIMILAR LEGISLATION THAT WOULD PREEMPT LOCAL GOVERNMENTS THAT CONTRACT FOR PUBLIC WORKS PROJECTS FROM IMPOSING RESTRICTIVE CONDITIONS ON CERTAI N CONTRACTORS, SUBCONTRACTORS, OR MATERIAL SUPPLI ERS OR CARRIERS, OR THAT WOULD PROHI BIT LOCAL GOVERNMENTS FROM RESTRICTING QUALIFIED BI DDERS FROM SUBMITTING BIDS OR BEI NG AWARDED CONTRACTS. RECOMMENDATION Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at February 8, 2017 Commission Meeting. The Resolution will be submitted via supplement. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Micky Steinberg Page 501 of 878 Ordinance s - R5 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:00 a.m. Second Reading Public Hearing SUBJECT:MEDICAL CANNABI S MORATORI UM ON ESTABLISHING USE: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, PERTAINING TO ESTABLI SHI NG A TEMPORARY MORATORI UM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR I SSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORI DA STATUTES SECTI ON 163.3164(16), BUSI NESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATI ON OF DI SPENSING FACI LITIES WITHI N THE CITY ENGAGED IN THE ON-SI TE DI STRIBUTION, SALE, DELI VERY OR RETAIL OF LOW-THC CANNABIS, MEDI CAL CANNABIS OR CANNABI S DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CI TY W I TH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLI SHMENT AND OPERATI ON OF DISPENSI NG FACILITIES; PROVI DI NG PENALTIES FOR VI OLATI ON HEREOF; PROVIDING FOR SEVERABILI TY; R E P E A L OF CONFLI CTI NG ORDINANCE PROVI SIONS; AND PROVI DI NG FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THI S ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance. ANALY SIS BACKGROUND At the request of Commissioner Ricky Arriola, the City Attorney’s Office drafted a temporary moratorium ordinance on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of dispensing facilities within the city engaged in the on-site distribution, sale, delivery or retail of low-thc cannabis, medical cannabis. The ordinance (2016-4051) was adopted on November 9, 2016 (item R5A) for a period of five months, retroactive to October 19, 2016. On December 12, 2016, the Land Use and Development Committee recommended that the subject Page 502 of 878 moratorium be extended an additional three (3) months. ANALY SIS The proposed temporary moratorium would apply to the establishment and operation of medical cannabis dispensing facilities within the corporate limits of the City of Miami Beach. Under the proposed moratorium, the City would not accept, process or approve any application for business tax receipts, building permits, land use changes, zoning variances or permits, or any other development permits for any property, entity, or individual concerning or related to dispensing facilities engaged in permitted uses under Florida law. T his would apply to principal or accessory uses. As proposed, the moratorium extension would remain in effect until May 17, 2017, unless earlier rescinded, repealed or extended by an Ordinance of the City Commission. T he current moratorium, although showing an expiration of February 18, 2017, is actually set to expire on March 18, 2017, as that is 5 months from the retroactive adoption date of October 19, 2016. Since May 17, 2017 is the date that was noticed, it would control. If the Commission should endeavor to extend the moratorium past May 17, 2017, it may do so under a separate advertisement. UPDATE The subject moratorium was approved at First Reading on January 25, 2017. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning / Of f ice of the City Attorney Sponsor Commissioner Ricky Arriola & Vice-Mayor Joy Malakof f ATTACHMENTS: Description Ordinance - Form Approved Ad Page 503 of 878 ORDINANCE NO .. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16}, BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. WHEREAS, pursuant to the Compassionate Medical Cannabis Act of 2014, the Florida Legislature authorized a very limited number of large nurseries to cultivate, process, and dispense non-euphoric, low THC cannabis and operate dispensing organizations, as of January 1, 2015; and WHEREAS, in 2016, the Florida Legislature amended Section 381.986 of the Florida Statutes to include medical cannabis, revise the requirements for physicians ordering low-THC cannabis, medical cannabis, or cannabis delivery devices, amend the requirements for the cultivation, processing, transportation, and dispensing of low-THC cannabis or medical cannabis, revise the Florida Department of Health's authority and responsibility and provide for penalties; and WHEREAS, pursuant to Section 381.986(8) of the Florida Statutes, a municipality may determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with state law for dispensing facilities of dispensing organizations located within its municipal boundaries; and WHEREAS, due to the historical prohibition of cannabis, the City of Miami Beach does not currently have any land development regulations governing the use of real property for the purpose of on-site distribution, sale, delivery or retail of low-THC cannabis, medical cannabis or cannabis delivery devices as provided by Florida Statutes Sections 381.g86 and 499.0295; and WHEREAS, in order to promote the effective regulation of such activities, the City Commission wishes to preserve the status quo while researching, studying, and analyzing the potential impact of dispensing facilities within the City's boundaries upon adjacent uses and the surrounding areas, including its effect on traffic, congestion, surrounding property values, demand for City services including inspections and increase Page 504 of 878 police monitoring, and other aspects of the operation of dispensing facilities impacting the general welfare of the community; and WHEREAS, the City Commission found that a 150 day temporary moratorium, through February 18, 2017, on the issuance of business tax receipts and the acceptance, processing and approval of any building or zoning permits for the establishment and operation of dispensing facilities within the corporate limits of the City of Miami Beach is a reasonable period of time; and WHEREAS, the City Commission finds that the City may require an additional 90 days to complete the underlying legislation, and look to extend the moratorium through May 17, 2017, which will allow the City sufficient time to determine what zoning districts are best- suited for this particular use, and how best to formulate land development and licensing regulations that will appropriately govern the use of real property for the purpose of on-site distribution, sale, delivery or retail of low-THC cannabis, medical cannabis or cannabis delivery devices; and WHEREAS, the City Commission finds it is in the best interest of the citizens of the City to minimize and control the adverse effects of dispensing facilities by adopting appropriate land development and licensing regulations; and WHEREAS, the ordinance is being referred to the City's Planning Board. WHEREAS, as seen in WC/ Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fia. 41" DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium 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. /d.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1'1 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 regulations relating to medical cannabis; and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed use on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915 and Com v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11'" Cir. 1993); and 2 Page 505 of 878 WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply the 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, /d.; and WHEREAS, the moratorium is not the retroactive application of a tax; and WHEREAS, the City is 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 City Commission finds that imposing a temporary moratorium until adequate regulations have been developed, considered and adopted is in the best interest of the health, safety and general welfare of the community and the residents of the City; and WHEREAS, the Mayor and City Commission desire to adopt up to a 90 day additional period for the moratorium, through May 17, 2017. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Recitals. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. Moratorium Imposed. The City of Miami Beach, Florida hereby declares a temporary building and zoning moratorium on the establishment and operation of dispensing facilities within the corporate limits of the City of Miami Beach. The City shall not accept, process or approve any application for business tax receipts, building permits, land use changes, zoning variances or permits, or any other development permits for any property, entity, or individual concerning or related to dispensing facilities engaged in permitted uses under Florida law, specifically Florida Statutes Sections 381.986 and 499.0295, whether as a principal or accessory use, so long as this ordinance is in effect. No person, corporation, partnership or other entity shall establish or operate a dispensing facility engaged in permitted uses under Florida law, specifically Florida Statutes Sections 381.986 and 499.0295. SECTION 3: Duration Of Moratorium. The temporary moratorium shall take effect immediately upon adoption of this ordinance and shall terminate May 17, 2017, an additional 90 days from the adoption of original moratorium, unless the City Commission adopts the applicable land development and regulatory medical cannabis regulations on a date prior to May 17, 2017, in which case, this moratorium shall automatically end. 3 Page 506 of 878 SECTION 4: Penalties. Every person violating any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be assessed a civil penalty not to exceed $500.00 within the discretion of the court or administrative proceeding (Special Master) having jurisdiction. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. SECTION 5. Construction. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 6. Severabilitv. That if any clause, section or other part of this Ordinance shall 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 7. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 8. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2017. ATTEST: CITY CLERK First Reading: January 11, 2017 Second Readin : Februal)j 8, 201 Verified by: =:-11oi>C:...._::-:-4-...::::..-:-:~,~+ Thomas Mooney, AIC Planning Director MAYOR APPROVED AS TO FORM AND LANGUAGE ~ (? t FOR EXECUTION ct\ J__. ~.\~· r z_-13-I C, City Attorp Date (Sponsored by: Vice Mayor Joy Malakoff and Commissioner John Aleman) Underscore denotes new language StrikethnJ EleAeles striskeA laA!Jlla!Je T:\AGENDA\2017\1 -January\Pianning\Medical Cannibis Moratorium on Establishing Use revised through 5-17-2017.docx 4 Page 507 of 878 Page 508 of 878 Ordinance s - R5 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:05 a.m. First Reading Public Hearing SUBJECT:TEMPORARY MORATORIUM ON ACLF & RELATED FACI LITIES: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS FROM THE EFFECTI VE DATE OF THIS ORDI NANCE ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM I S DEFINED IN SECTION 163.3164(16), FLORI DA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATI ON OF ADULT CONGREGATE LI VING FACI LITIES, ASSISTED LIVI NG FACILITIES, CRISI S STABILI ZATI ON UNITS, RESIDENTIAL DETOXI FI CATI ON CENTERS, COMMUNI TY RESI DENTIAL HOMES, AND RESI DENTI AL MEDICAL REHABILI TATION CENTERS, AND ANY SI MILAR OR DERI VATI VE USES ASSOCIATED WITH SUCH USES, W I THIN THE CITY, I N ORDER TO PROVIDE THE CITY W I TH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATI ONS GOVERNING SAI D USES; PROVI DI NG PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILI TY; REPEALER OF CONFLI CTI NG ORDINANCE PROVI SIONS; AND PROVI DI NG FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THI S ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. RECOMMENDATION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND At the request of Commissioner John Elizabeth Aleman, the City Attorney drafted the ordinance establishing a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACLF). In addition to ACLF’s, the proposed moratorium would apply to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such Page 509 of 878 uses. PLANNING ANALYSIS Currently, the City Code lacks adequate regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers. Additionally, the term adult congregate living facility (ACLF) has become obsolete and, as currently defined in the City Code, needs to be updated to conform to state law. In addition to replacing the obsolete term ‘ACLF’ with “assisted living facility,” the City Code needs to be updated to include proper licensure requirements and to comply with state law requirements. T he proposed moratorium would allow the City adequate time to conduct a zoning and planning analysis, and determine the locations best suited for these such uses. A separate referral item is proposed in this regard, on the Consent Agenda. The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to February 8, 2017, which is the applicable date of the moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would 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, RETROACT IVE, to February 8, 2017. CONCLUSION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning and City Attorney Sponsor Commissioner John Aleman ATTACHMENTS: Description Ordinance - Form Approved Ad Page 510 of 878 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. WHEREAS, the Mayor and City Commission have recognized the need for a temporary moratorium on the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City; and WHEREAS, the City has not defined crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses; and WHEREAS, the term adult congregate living facility is obsolete and should be updated to conform to state law, by replacing the obsolete term with "assisted living facility," and the City Code should be updated to include proper licensure requirements and to comply with state law requirements; and WHEREAS, the City desires to provide for such uses, in appropriate locations, but the City must first complete a zoning and planning analysis to determine the locations best suited for such uses; and WHEREAS, as in WC/ Communities, Inc. v. City of Coral Springs, 885 So. 2d 912 (Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plans where there is a rational relationship to the City's legitimate general welfare concern; and Page 511 of 878 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. Id.; Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring the proper enactment of a moratorium, is to ensure that the City's legislation 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 amendments to the land development regulations to provide for and regulate the location of said uses; and WHEREAS, the Mayor and City Commission desire to encourage compatible uses within the various zoning districts in order to provide for the needs of the community; and WHEREAS, the Comprehensive Plan may require amendment to ensure the proper location for said uses, and the list of permitted, conditional, and prohibited uses, must be amended in the City's land development regulations; and WHEREAS, siting of said uses must take into consideration the existing and proposed infrastructure, accessibility to emergency and public service vehicles, and proximity to public safety and public facilities; these considerations are critical for the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services; and WHEREAS, the City requires time to review, consider, modify, process for adoption, and implement regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the various uses; 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 that 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 demands for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915; Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in order for an ordinance to apply retroactively (1) there must be clear evidence of legislative intent to apply the law retroactively, and (2) when allowed, the retroactive application must be constitutionally permissible, in that the new law may not create new obligations, impose new penalties, or impair vested rights. Jasinski v. City of Miami, 269 F. Supp. 2d 1341 (S.D. Fla. 2003); and 2 Page 512 of 878 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. Id.; and WHEREAS, the moratorium proposed herein is not the retroactive application of a tax; and WHEREAS, by enacting this Ordinance, the City is not interfering with any vested right obtained as a result of a final order from a City Land Use Board, or any permit already obtained under the Florida Building Code; and WHEREAS, the Mayor and City Commission desire to adopt a six (6) month moratorium on the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals 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, or the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board • order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect for one hundred eighty (180) days from the 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 City Commission as to the progress being made in the preparation of the land development regulation amendments. 3 Page 513 of 878 SECTION 5. SEVERABILITY. If any clause, section or other part of this Ordinance shall 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 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective, retroactively, as of February 8, 2017. PASSED and ADOPTED this day of 2017. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk First Reading: February 8, 2017 Second Reading: Verified by: Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner John Elizabeth Alernan) Underscore denotes new language Strikethrough denotes stricken language APPROVED AS TO FORM & LANGUAGE & F R E)tECUTION rTh • L • ( City Attorney Dote 4 Page 514 of 878 Page: NE_AdNE_13 ,Pub. date:Sunday,January 8Last user:rlambert@miamiherald.com Edition: 1s tSection, zone:,NELast change at:14:9:5 January 5 SUNDAY JANUARY82017 NEIGHBORS 27NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HE ARING ORDINANCEESTABLISHINGATEMPORARY MORAT ORIUM ON ADULTCONGREGAT ELIVINGFACILITIES, ASSISTED LIVING FA CILITIES,CRISISSTA BILIZAT ION UNITS, RESIDENTIAL DETOXIFICATION CENTERS,COMMUNIT YRESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITAT ION CENTERS,AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES WITHIN THE CITY FEBRUARY 8,2017 NOTICEISHEREBY giventhatapublic hearingwill be heldbythe Mayorand CityCommissionersofthe Cit yofMiamiBeach,Florida,inthe Commission Chamber,3rd Floor,CityHall, 17 00 ConventionCenter Drive,Miami Beach,Florida,on February 8,2017 at 10:05 a.m.,or as soonthereafter as the mattercan be heard,to consider: AN ORDINANCEOFTHE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ESTA BLISHINGATEMPORARY MORAT ORIUM FOR180 DAYS FROMTHE EFFECTIVEDAT EOFTHISORDINANCEONTHE ACCEPTA NCE,REVIEW,APPROVAL,ORISSUANCEOFANY LAND DEVELOPMENT PERMITS(AS THE TERM IS DEFINED IN SECTION 16 3.316 4(16),FLORIDASTAT UTES),BUSINESS TA XRECEIPTS,OR ANY OTHER LICENSE OR PERMIT FORTHE ESTA BLISHMENT OR OPERATIONOFADULTCONGREGATE LIVING FACILITIES,ASSISTED LIVING FACILITIES,CRISIS STABILIZ AT ION UNITS,RESIDENTIAL DETOXIFICATION CENTERS,COMMUNIT YRESIDENTIALHOMES,AND RESIDENTIAL MEDICAL REHABILITAT ION CENTERS,AND ANY SIMILAR OR DERIVATIVEUSESASSOCIATED WITH SUCH USES,WITHIN THE CITY,INORDER TO PROVIDE THE CITY WITH AN OPPORTUNIT YTOREVIEWAND ENACTDEFINITIONS AND REGULATIONS GOVERNINGSAIDUSES;PROVIDINGPENALTIES FORANY VIOLAT ION HEREOF;PROVIDING FORSEVERABILIT Y;REPEALER OF CONFLICTINGORDINANCE PROVISIONS;AND PROVIDINGFOR AN EFFECTIVEDAT ERETROACTIVETOFEBRUARY 8,2017 ;FOR ZO NINGINPROGRESS PURPOSES,THIS ORDINANCE SHALL BE EFFECTIVEUPON FIRSTREADING OFTHISORDINANCE. This Ordinance is beingheardpursuanttoSection 118-164 of the City’s Land Development Code,Section 2.05 of theCityCharter and §166.041 F.S.Inquiries maybedirected to thePlanning Department at 305.673.7550. INTERESTED PA RTIESare invited to appear at this meeting,or be represented by an agent,ortoexpresstheir views in writingaddressed to the CityCommission,c/o the CityClerk, 17 00 ConventionCenter Drive,1st Floor,CityHall,Miami Beach,Florida 3313 9.This item is availablefor public inspection duringnormalbusinesshoursinthe Office of the Cit yClerk, 17 00 ConventionCenterDrive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.This meeting,or anyitemherein,may be continued,and undersuchcircumstances,additionallegal notice need notbeprovided. Pursuant to Section286.010 5,Fla.Stat.,theCityhereby advises the public thatifapersondecides to appeal any decision made by the Cit yCommissionwith respect to anymatter considered at its meetingorits hearing,suchpersonmustensurethataverbatim record of the proceedings is made,which record includes the testimony andevidence upon which theappeal is to be based.This notice does notconstitute consent by the Cityfor theintroduction or admissionofotherwise inadmissible or irrelevant evidence,nordoesitauthorize challenges or appeals nototherwise allowed by law. To requestthis material in alternateformat,sign language interpreter(five-daynoticerequired),informationonaccessfor persons with disabilities,and/orany accommodationtoreview any document or participateinany City-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6;TTY usersmay call via 711(FloridaRelay Service). Membersofthe publicmay present audio/visual (AV)materials relatingtoAgendaItems at CityCommission meetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the Department of Marketingand Communications by 8:30 A.M.,one(1)businessday priortothe meeting.Advance submittal of a presentationwill allow theCommunications Departmenttoplan forthe useofthe appropriateAVequipment.AVmaterials maybesubmitted via email at communications@miamibeachfl. gov;or hand deliveredinajump drive,CD or DVDto:At tention:Department of Marketingand Communications,1701Meridian Avenue,Fifth Floor,Miami Beach,FL 3313 9.Presentations, videos or links must include alabel notingthe name or group,contactperson,daytime telephone number,email address,description/title of the presentationand Agenda Item Titleas well as the Agenda Item number.Acceptableformats forelectronic submission are.pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Note that .pdf is the preferred format forPowerPoint presentations.) Rafael E.Granado,CityClerk CityofMiamiBeach Ad No.1262 Page 515 of 878 Ordinance s - R5 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:10 a.m. Second Reading Public Hearing SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 82, ENTITLED "PUBLI C PROPERTY", AT DIVI SION V, ENTI TLED "SIDEWALK CAFES," AT SECTION 82- 383, RELATI NG TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE- PAYMENT, PRIOR PAYMENT OF THE ANNUAL SI DEWALK CAFÉ PERMI T FEE; AND ELIMI NATING THE ABILITY TO PAY IN TW O ANNUAL I NSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE I NCREASED W HEN THE CONSUMER PRICE INDEX (CPI) I NCREASE I S ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI I NCREASE OF FI VE (5) PERCENT OR MORE; PROVI DI NG FOR REPEALER, SEVERABILI TY, CODI FI CATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Ordinance on Second Reading Public Hearing. ANALY SIS The City of Miami Beach is in the process of implementing the EnerGov permitting system. I n addition, staff has reviewed the Sidewalk Café Ordinance for potential modif ications to fit the EnerGov system as well as improving tracking. The current Sidewalk Café Ordinance (Section 82-383) allows applicants to pay their permit f ee in two semi-annual installments if the fee exceeds $2,000, with the f irst installment due on October 1st and the second due on April 1st. This process cannot be accommodated in the new permit tracking system and has led to increased staff resources to track and bill f or the second installment. The City's auditor, Crowe Harworth, has reported the manual processing of permits to be in high risk and presented audit f indings related to such practices. For the current permit cycle, staff will be entering manual invoice amounts to effectuate the current code provision. Should the Ordinance modif ication be approved, the elimination of partial payments would be discontinued in the next permit cycle starting October 1, 2017. This would provide businesses sufficient time to plan accordingly and modify their business model to avoid any hardship. Page 516 of 878 On September 14, 2016, the City Commission referred this item to the Finance and Citywide Projects Committee for discussion and further direction. On September 30, 2016, at the Finance and Citywide Projects Committee, the Committee recommended changing the Ordinance to remove the exemption of allowing partial payment to all funds being due. Staf f was directed to bring back a draf t Ordinance to the Commission ref lecting the change. On January 11, 2017, the Commission discussed the Ordinance change to discontinue the partial payments. Vice-Mayor Malakoff noted that Section (e) has to do with the ability to review and adjust the annual permit f ee if the CPI increases by 5% or greater. Vice-Mayor Malakof f recommended that the CPI increased value be reduced to 1.5%. The recommendation was discussed and the item def erred to incorporate it into the Ordinance version. On January 25, 2017, the City Commission approved the Ordinance on First Reading, and made a motion to move the item forward f or Second Reading, Public Hearing. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing. Legislative Tracking Public Works Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description Ordinance Page 517 of 878 ORDINANCE NO. 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 CAFÉ PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; 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 Cafés," 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 Page 518 of 878 (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). (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, 2017. 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(b)(9) 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 Parklet 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 following calendar year (permit year). If-the-permit-fee exceeds $2,000.00, the fcc may be paid in two scmiannual installments, with the first installment due on October 1, and the second due on April 1. No permit shall be issued for any portion of a year, but any person/entity operating a sidewalk cafe for a period beginning after the commencement 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. If 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) A e t, e t • e e • e U. - - A review of the annual permit fee will be required whenever the change in the Consumer Price Index (CPI), between the latest CPI and the date of the CPI used for the last fee adjustment, is one and a half percent (1.5) five percent or greater. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. 2 of 3 Page 519 of 878 APPROVED AS TO FORM & LANGUAGE & FOR E UT ON 1 Date"* City Attorney 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 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 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of , 2017. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk First Reading: 2017 Second Reading: , 2017 F:\PLAN\$PLB\2016\12-20-16 \Ocean Drive - Accessory Retail Modifications - ORD Dec 2016 PB.docx 3 of 3 Page 520 of 878 Ordinance s - R5 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:15 a.m. Second Reading Public Hearing SUBJECT:DEMOLITION MORATORI UM FOR PROPERTIES FRONTING TATUM WATERWAY: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, PERTAI NING TO THE SUBJECT OF A SI X (6) MONTH MORATORI UM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE W EST SIDE OF TATUM WATERWAY DRI VE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTI ES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SI DE OF CRESPI BOULEVARD FROM HAW THORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; I MPOSI NG A TEMPORARY MORATORI UM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMI TS OR PENDI NG APPROVALS PERTAINI NG TO DEMOLI TI ON OF STRUCTURES ON TATUM WATERWAY; PROVI DI NG FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; FOR ZONING IN PROGRESS PURPOSES, THI S ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDI NANCE, AND NO APPLI CATIONS FOR DEMOLITION WI THIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVI DI NG FOR EXCEPTIONS; PROVI DI NG FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVI SIONS; AND PROVIDING FOR AN EXPIRATION DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance. ANALY SIS BACKGROUND On May 11, 2016, at the request of Commissioner Arriola, 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 (I tem R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium f or the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: Page 521 of 878 • The “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. • The “Normandy Isles 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 Indian Creek to the east. As approved, the moratorium remains in eff ect for one hundred and eighty (180) days from the ef f ective date of July 13, 2016, which is January 13, 2017. At a special meeting on December 9, 2016, the City Commission directed the City Attorney to draf t an ordinance extending the existing demolition moratorium to the area of Tatum Waterway. PLANNING ANALYSIS The proposed moratorium is a limited extension of the existing moratorium, and would apply to the demolition of any “Contributing” structure within the Tatum Waterway area of the North Shore National Register District. Generally, the proposed moratorium will apply to properties fronting on Tatum Waterway Drive, Byron Avenue and Crespi Blvd from 77th street to 87th 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. It would also not apply to an unsafe structure board order or a lawf ul order of the Building Official. As proposed, the moratorium would remain in effect for one hundred eighty (180) days from ef f ective 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 staf f 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 11, 2017. UPDAT E: The subject ordinance was approved at First reading on January 11, 2017. The retroactive date of January 11, 2017 was corrected in the ordinance f or Second Reading. Additionally, at the request of the City Commission, all property owners within the subject moratorium area were sent a courtesy mail notice. CONCLUSION The Administration recommends that the City Commission adopt the ordinance. Legislative Tracking Planning / Of f ice of the City Attorney Sponsor Page 522 of 878 Commissioner Ricky Arriola & Co-Sponsored by Vice-Mayor Joy Malakof f ATTACHMENTS: Description 2nd Reading Ordinance - Form Approved Ad Page 523 of 878 ORDINANCE NO. ----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (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 57TH 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 55TH 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 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 completion of the regulations relating to the creation of conservation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South; and WHEREAS, as seen in WC/ Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing 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. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1'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 524 of 878 WHEREAS, while the planning process is being solidified, some 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 traffic 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 WHEREAS, 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. WCI Communities, Inc., 885 So.2d at g15 and Com v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply the 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, Id.; and 2 Page 525 of 878 WHEREAS, the moratorium is not the retroactive application of a tax; and WHEREAS, the City is 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 CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals 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 Waterway and located on the west side of Tatum Waterway Drive and Byron Avenue from 7J1h Street to sJ1h Street, properties located on the east side of Hawthorne Avenue from 7J1h Street to Crespi Boulevard, properties located on the east side of Crespi Boulevard from Hawthorne Avenue to 85 1h 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 prior to July 13, 2016; (ii) a building permit for demolition issued prior to July 13, 2016; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. 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 City Commission as to the progress being made in the preparation of the Master Plan and any associated ordinances. SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall 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 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective, RETROACTIVE, to January 11, 2017. 3 Page 526 of 878 f i ~· PASSED and ADOPTED this __ day of ________ , 2017. ATTEST: CITY CLERK First Reading: Second Reading: Verified by: ________ _ Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language ~>tril<ethru denotes stricken language 4 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date Page 527 of 878 20NE NEIGHBORS THURSDAY JANUARY 26 2017 MIAMIHERALD.COM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE PERTAINING TO A SIX -MONTH DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY FEBRUARY 8, 2017 NOTICE IS HEREBY given that a Second Reading Public Hearing, will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 10:15 a.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (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 PROVIDING FOR AN EXPIRATION DATE. Map indicating the area covered by the proposed Ordinance gf • ;I' i1LKL.YS .VLF Waif. 1.11011 1 21 114111,n i aiYNUN AVE t ;I tie11 ilt4, 2.2 iii a t 0 a 1111 4`- gni3KUCi.ii y. `'crWMi.q Ett f- 14 i LULA1 L r ni ine i r "Li e,'3 IY: This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 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, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, ls' Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1269 Rafael E. Granado, City Clerk City of Miami BeachPage 528 of 878 Ordinances - R5 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 10:20 a.m. Second Reading Public Hearing SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTI TLED "MARINE STRUCTURES, FACILI TI ES AND VEHI CLES," BY AMENDING ARTI CLE IV, ENTI TLED "VESSELS," BY CREATING SECTION 66-155 THEREOF TO BE ENTI TLED "PROHI BITION OF ADVERTI SING SI GNS ON VESSELS," WHI CH PROHI BITS THE OPERATION OF AN ADVERTI SING VESSEL UPON THE TERRI TORIAL JURI SDICTIONAL WATERS OF THE CITY; BY ESTABLI SHI NG PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODI FI CATI ON, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is submitted for consideration by the Mayor and City Commission at the January 11, 2017 City Commission Meeting. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Michael Grieco ATTACHMENTS: Description Ordinance Page 529 of 878 ORDINANCE NO. ------ 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, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City has identified a common practice for vessels to be operated within the waters and waterways of the City for the principle purpose of conducting general advertising; and WHEREAS, the Mayor and City Commission have an obligation to provide proper regulations surrounding this type of conduct that will be in the best interest of the health, safety, welfare and aesthetics of the City and its residents; and WHEREAS, this Ordinance will establish practical regulations for the proper and effective enforcement of vessels which are primarily used to conduct general advertising; and WHEREAS, the Mayor and City Commission have determined that this Ordinance will create the proper balance between those private property rights, and the immediate negative impacts to the residential properties that are located upon the City's jurisdictional waters and waterways; and WHEREAS, the Mayor and City Commission recognize that the adoption of this Ordinance will protect property values, the local economy and the quality of life for its residents by preserving and enhancing the true identities, residential character and nature of the City's neighborhoods; and WHEREAS, the Ordinance includes objective standards which could be utilized by the City's enforcement personnel to provide the appropriate guidance on determining which vessel is designed or used for general advertising; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 66 entitled "Marine Structures, Facilities and Vehicles," Article IV entitled "Vessels," of the Code of the City Miami Beach is hereby amended to create Section 66- 155 to be entitled "Prohibition of advertising signs on Vessels," as follows: CHAPTER66 MARINE STRUCTURES, FACILITIES AND VEHICLES * * * 1 Page 530 of 878 Article IV. Vessels. Secs. 66-155 66 185. Reserverl. Prohibition of advertising signs on Vessels. _(fil It shall be unlawful for any person to operate, or cause to be operated, any vessel that is displaying general advertisements upon any waters. waterways, marine area or public place within the jurisdiction of the city in which the public has a right to travel. ffil At least one (1) of the following conditions must exist in order for a determination to be made that the purpose of a vessel is for the display of general advertisements: 1, The vessel contains general advertisements for one or more different business entities: 2. The vessel contains general advertisements for a business entity which is not the owner of the vessel; l,_ The vessel is operated continuously without stopping while displaying some form of general advertisement: 4. The vessel is driven in a repetitive pattern; ~ The vessel is capable of automatically changing the general advertisements displayed without stopping; or 6. The vessel lacks the ability to serve any purpose other than advertising . .(g This section shall not apply to: 1, Any vessel which displays an advertisement or business notice of its owner, so long as such vessel is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements: 2. Any vessel that operates within those waters of the Atlantic Ocean and that such operation is located directly east of the City's Erosion Control Line . .(Ql. Definitions 1, Advertising vessel means any vessel designed or used for the primary purpose of displaying advertisements. 2. Vessel means any boat, watercrafts, motorboat, sailboat, rowboat, dingy, canoe, airboat, houseboat, barge, floating structure, floating home or any contrivance of any nature whatsoever which is waterborne, whether or not the same is capable of moving under its own power or by sail. 2 Page 531 of 878 ® Penalties and enforcement. 1,_ A violation of this Section shall be subject to the following fines: a. If the violation is the first offense. a person or business shall receive a civil fine of $1.000.00; ~ If the violation is the second violation within the preceding six months, a person or business shall receive a civil fine of $2,000.00; c. If the violation is the third violation within the preceding six months, a person or business shall receive a civil fine of $3,000.00; and Q,_ If the violation is the fourth or subsequent violation within the preceding six months. a person or business shall receive a civil fine of $5.000.00. £. Enforcement. The Miami Beach Police Department and the Code Compliance Department shall enforce this section. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a violation of this section is observed, the enforcement officer will be authorized to issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (1 O) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing. ;1_ Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special master. a. A violator who has been served with a notice of violation must elect to either: 1. pay the civil fine in the manner indicated on the notice of violation: or 11. request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (1 O) days of the service of the notice of violation. ~ The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. A request for the administrative hearing must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal. c. If the named violator. after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master. the special master may be informed of such failure by the enforcement officer. The failure of the named violator to appeal the decision of the enforcement officer within the prescribed time period shall constitute a 3 Page 532 of 878 waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. d. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the sixty-first (61 st) day following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. e. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. t. The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a reguest for an administrative hearing if the violator has failed to reguest an administrative hearing within ten (10) days of the service of the notice of violation. fl The special master shall not have discretion to alter the penalties prescribed in subsection C(1 ). Secs. 66-156-66-185. Reserved. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or prov1s1on 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 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. 4 Page 533 of 878 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this ___ day of ______ , 2017, ATTEST: Rafael E. Granado, City Clerk Underline denotes new language (Sponsored by Commissioner Michael Grieco) 5 Mayor Philip Levine APPROVED AS TO LANGUAGE EXECUTION \.._ ~~-....;::~.:;..:...,_· ll!J_t7 City Attorney Date Page 534 of 878 Ordinance s - R5 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:25 a.m. First Reading Public Hearing (item became 1st Rdg again after title change) SUBJECT:COMPREHENSIVE PLAN – TRANSI T MASTER PLAN AND CONCURRENCY INTERMODAL FACILI TIES : AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORI DA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSI VE PLAN OF THE CI TY OF MIAMI BEACH, FLORI DA, BY OBJECTI VE 1, ENTITLED “LAND DEVELOPMENT REGULATI ONS,” TO ALLOW “TRANSIT I NTERMODAL FACI LITIES” AS A PERMI TTED USE W I TH IN THE FOLLOW I NG LAND USE CATEGORI ES: P LOW INTENSITY COMMERCIAL CATEGORY (CD-1), MEDI UM I NTENSITY COMMERCIAL CATEGORY (CD-2), HI GH I NTENSITY COMMERCI AL CATEGORY (CD-3) PUBLI C FACILITY HOSPITAL - PF (PF-HD), PUBLIC FACI LITY: GOVERNMENTAL USES (PF), PARKING (P), GENERAL MIXED USE COMMERCIAL “PERFORMANCE STANDARD” CATEGORY (CPS-2), TOWN CENTER CORE CATEGORY (TC-1), AND TOW N CENTER COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION “RECREATION OPEN SPACE” (ROS) ALONG THE JULIA TUTTLE TO “PUBLI C FACI LITY” (PF); AMENDING THE PARKI NG (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED I N SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMI TED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSI T I NTERMODAL FACI LITY OR PARKI NG FACILI TY; AMENDI NG AND UPDATING THE GOALS, OBJECTI VES, AND RELATED POLI CIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED “LEVEL OF SERVI CE,” TO REFLECT THE CITY’S ADOPTED MODE OF TRANSPORTATION HIERARCHY; OBJECTIVE 2, ENTI TLED “COORDI NATION W I TH LAND USE,” TO DETAI L THE NEEDS FOR TRANSI T INTERMODAL FACILI TI ES; OBJECTI VE 3, ENTITLED “ROADWAY PLANNI NG, DESIGN AND CONSTRUCTION,” TO INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION OPTIONS; OBJECTIVE 4, ENTI TLED “MASS TRANSIT,” TO ENCOURAGE MASS TRANSI T OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED “TRANSI T MODE” TO DETAIL OPTIONS FOR TRANSPORTATI ON I NFRASTRUCTURE; OBJECTI VE 6, ENTI TLED “MULTI-MODAL TRANSPORTATION AND MOBILITY OPTIONS,” TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTI TLED “ENHANCE, PROTECT, AND PRESERVE THE CITY’S NEIGHBORHOODS,” TO CLARIFY Page 535 of 878 COORDINATI NG AGENCIES AND STRATEGI ES; OBJECTI VE 8, ENTITLED “PARKI NG,” TO ENCOURAGE SMART PARKI NG SYSTEMS; OBJECTI VE 10, ENTITLED “TRANSPORTATI ON COORDINATI ON W I TH OTHER JURI SDICTIONS,” TO REQUIRE COORDI NATION RELATI NG TO “TRANSI T INTERMODAL FACILI TI ES;” THE GLOSSARY OF TERMS TO INCLUDE THE TERM “TRANSIT I NTERMODAL FACI LITY” AND RELATED DEFI NITIONS; AMENDING AND UPDATI NG THE POLI CI ES WITHIN THE INTERGOVERNMENTAL COORDI NATION ELEMENT TO INCLUDE COORDINATI ON RELATING TRANSI T I NTERMODAL FACI LITIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILI TY; AND AN EFFECTI VE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the Comprehensive Plan Amendments at First Reading and schedule a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On September 14, 2016, the City Commission discussed proposed amendments to the Land Development Regulations (LDR) and the Comprehensive Plan, and continued both items to a date certain of October 19, 2016. On October 19, 2016, the City Commission approved the subject Ordinance amendments at First Reading, with certain modifications. On December 14, 2016, the proposed Comprehensive Plan 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. On January 11, 2017, the City Commission tabled, indefinitely, the proposed amendments to the Land Development Regulations (LDR). T he Commission continued the Comprehensive Plan Amendment to February 8, 2017, for a new First Reading, so that the Amendment could be revised, removing the proposed inclusion of ‘Transit Intermodal Facilities’ from all applicable Future Land Use categories. PLANNING ANALYSIS The Miami Beach Transportation Master Plan (T MP) was adopted by the Mayor and City Commission on 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 on July 8, 2015, as part of the plan development process. The adopted modal hierarchy consists of the following prioritization order: · Pedestrians · Transit, Bicycle, Freight (depending on the corridor) · 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 capacity in some corridors by as Page 536 of 878 much as 50% person trips. Increases in bicycle and pedestrian trips also improve the health of the City and further reduce traffic inducing vehicles. The T MP identified priority transit and bicycle/pedestrian corridors 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 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”. T he locations for the desired transit infrastructure improvement from the T MP are summarized in the attached map. Further, the City Commission has discussed the need for parking facilities at intercept locations throughout the City. Intercept garages have been identified as part of the City’s mobility plans for over 15 years. Various amendments are being proposed to the City’s 2025 Comprehensive Plan in order to ensure consistency with the adopted Transportation Master Plan and Bicycle Master Plan. The following is a summary of the proposed modifications to the Transportation Element: · Ensure consistency with the Transportation Master Plan · Ensure consistency with the 2015 Bicycle and Pedestrian Master Plan · Reflect the City’s Adopted Mode of Transportation Hierarchy · Further clarify and encourage mass transit options · Clarify strategies to implement multi-modal transportation options · Encourage smart parking systems · Define “Transit Intermodal Facility” under glossary of terms Additionally, the Intergovernmental Coordination Element is proposed to be modified to ensure that the City coordinates the planning and development of future Transit Facilities with Miami-Dade County, the Miami-Dade Metropolitan Planning Organization (MPO), and surrounding municipalities, as applicable. Finally, the proposal amends 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). Since a park is not practical or feasible within the Julia Tuttle Causeway/Alton Road interchange, this amendment makes sense from a Future Land Use Planning standpoint. Additionally, this City is evaluating the Julia Tuttle interchange as a site to connect to regional transit services, as well as provide for intercept parking, both of which would connect to our trolley system. COMPREHENSIVE PLANNING REVIEW PROCESS This application includes a text amendment to the Transportation element 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. T his 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 the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. PLANNING BOARD REV IEW On August 23, 2016, the Planning Board transmitted the proposed Comprehensive Plan Amendment Page 537 of 878 to the City Commission, with a favorable recommendation. T he Planning Board recommended the following modifications, which have been incorporated into the attached Comprehensive Plan Amendment: 1. A modified title with minor clarifications. 2. T he removal of private vehicle targets, and setting targets for the alternative modes of transportation as minimum targets for the City’s 2035 vision in Transportation Policy 6.5. SUMMARY/UPDATE Since the last full discussion on this item, the City Commission has taken a modified approach to the proposed light rail system and connection to the mainland. As such, the City Commission continued, indefinitely, the previously proposed Transit Intermodal Facility LDR amendment. The Commission continued action on the Comprehensive Plan Amendment, to a date certain of February 8, 2017, for a new First reading. In this regard, the Comprehensive Plan Amendment contains a number of important policies related to the implementation of the adopted Transportation Master Plan. Additionally, the proposed Comprehensive Plan Amendment is needed to address Concurrency Waivers for facilities on public property in the Government Use (GU) and Civic and Convention Center (CCC) districts, which include the North Beach Bandshell, Botanical Gardens and the Shane Water Sports Center. T he legislation authorizing the approval of such Concurrency Waivers, which was adopted on December 14, 2016, is contingent on the modifications to the Comprehensive Plan proposed. Alternatively, a separate Comprehensive Plan amendment would be required. Since the previous Land Development Regulations (LDR) amendment has been tabled indefinitely, there can be no approval or authorization for Transit Intermodal Facilities until such time as the LDR’s are amended in the future. Additional amendments to the Comprehensive Plan would also be needed in the future, to create the framework to allow Transit Intermodal Facilities in future land use categories, and as an LDR amendment. In this regard, the previous proposal to establish “Transit Intermodal Facilities” as a permitted use in certain future land use categories has been deleted. Also, explicit references to ‘Light Rail’ and development allowances for uses accessory to future Transit Facilities (residential) have been deleted. The State Department of Economic Opportunity has indicated that there are no objections to the proposed comprehensive plan amendment. T he Florida Department of Transportation and the Florida Department of Environmental Protection have also indicated that there are no impacts to facilities and resources under their jurisdiction, and thus have no objections to the proposed 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 23, 2017. Since this falls outside of the 30-day comment period, there are no issues expected with the transmittal. CONCLUSION The Administration recommends that the City Commission approve the Comprehensive Plan Amendments at First Reading and schedule a Second Reading Public Hearing for March 1, Page 538 of 878 2017. FINANCIAL INFORMATION In 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 Commissioner Ricky Arriola ATTACHMENTS: Description Exhibit A Comp Plan Map TMP Facility Map Form Approved Ordinance Ad Page 539 of 878 Page 540 of 878 Potential Locations for the Desired Transit Infrastructure Improvement from the TMP Page 541 of 878 I. COMPREHENSIVE PLAN -TRANSIT MASTER PLAN AND CONCURRENCY 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 "L!',~JD DEVELOPME~JT REGULATIO~IS," TO ALLOW "TRANSIT INTERMODAL FACILITIES" AS A PERMITTED USE WITH ~~J THE FOLLOWING LAND USE CATEGORIES: P LOVV l~JTE~JSITY COMMERCIAL CATEGORY (CD 1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD 2), HIGH l~JTENSITY COMMERCIAL CATEGORY (CD 3)UBLIC FACILITY HOSPITAL PF (PF HD), PUBLIC FACILITY: GOVERNME~JTAL USES (PF), PARKl~JG (P), GENERAL MIXED USE COMMERCIAL "PERFORMA~JCE STANDARD" CATEGORY (CPS 2), TOVV~J CENTER CORE CATEGORY (TC 1), A~JD TOWN CE~JTER COMMERCIAL CATEGORY (TC 2); AMENDING THE FUTURE LAND USE --------ilM111-AAi:>P4"T0 MODIFY Tl'IE DESIGNATION "RECREATION OPEN SPACE" (ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING THE PARKING (P) U\~JD USE CATEGORY TO ALLOVV THOSE USES PERMITTED IN SURROUNDl~JG L!',ND USE CATEGORIES, l~JCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL F,l\CILITY OR PARKl~JG Fol\CILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED "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 OPTIONS; OBJECTIVE 4, ENTITLED "MASS TRANSIT,'' TO ENCOURAGE MASS TRANSIT OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE SA, 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 OPTIONS; 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; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Page 1 of 23 Page 542 of 878 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 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 amendments for review by state, regional and local agencies as required by law; and WHEREAS, the City Commission after careful consideration of this 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 Transportation Element is hereby adopted: TRANSPORTATION ELEMENT Goal: It shall be the goal of the City of Miami Beach to provide, maintain and improve a sustainable, safe, convenient and energy efficient multi-modal transportation system which: • Is focused on the mobility of people, not merely vehicles. • Is coordinated with the City's Land Use Element. • Is 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 City's adopted mode of transportation hierarchy, as set forth in policy 1.5. • Is consistent with sustainable and environmentally friendly growth management principles. • Is coordinated with the regional transportation network and other governmental agencies. • Balances the needs of all current and future users. • Ensures the economic vitality of the businesses within the City. Page 2 of 23 Page 543 of 878 1'"· • Enhances the quality of life for the City's neighborhoods residents. OBJECTIVE 1: LEVEL OF SERVICE (please see Glossary of terms) To provide 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 * * * Policy 1.2: Roadway 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 may exempt publicly-owned facilities and Transit lntermodal Facilities through the Land Development regulations. 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 insufficient 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 has undertaken an examination of total mobility by 201 a completed in 2016 in an attempt to shift from roadway capacity and level of service to an overall mobility system capacity and level of service. This will FeEJ!olire EJ!olantifying capacities ans levels ef ser;ice for the physical roadway system, the transit netwerk, the pedestrian netwerk and the eicycle netwerl<. The results will tie used as a guide fer the planning and implementatien ef meeility improvements. The City's adopted 2015 Transportation Master Plan and adopted modal prioritization reflects the prioritization of transit through the development of exclusive transit lanes in the long term, while at the same time prioritizing bicycles and pedestrians (depending on the corridors) to promote the safety of these alternative modes and the health of the community. The mode hierarchy of the City is 1 -pedestrians, 2 -transit, bicycles, freight (depending on the corridor), and 3 - private vehicles. Page 3 of 23 Page 544 of 878 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 facility, transit center, or transit stop) in nature and which ultimately enhances mobility. * * * Policy 2.2: Impact of Land Use Changes on the Multi-Modal System The City shall assess the impacts of future land use changes on the overall transportation system, including roadway, transit (including but not limited to light rail transit/modern streetcar, bus, trolley, 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 Design Guidelines to achieve context-sensitive integration with residential and commercial land uses. Locations for maintenance and storage of transit infrastructure may be incorporated into such facilities. Policy 2.4 Transfer Locations The City shall maintain regular coordination with Miami-Dade County Department of Transportation and Public Works (DTPW) to construct transit intermodal facilities and transfer centers to serve existing and future multi-modal transportation uses. The City shall ensure success of the transit environment and transfer options to facilitate safe, efficient and convenient transfers and highest standards of passenger amenities to serve transit riders. Transfers are an essential part of an effective transit system because they maximize the coverage area and mobility options. Hence. in order to obtain a successful transit environment, it is of critical importance to provide safe, efficient and attractive transfer stops/centers to enhance mobility, provide safe and amenity-rich transit services that support the surrounding community through context-sensitive design and integration. In designing transfer locations the City shall take into consideration adjacent projects, integrate the culture of the surrounding community, and potentially venture into joint development with private land owners to create a mixed use transfer locations, as appropriate. Furthermore, the City shall ensure that potential noise, air quality, and other environmental impacts are identified and mitigated as appropriate. * * * OBJECTIVE 3: ROADWAY PLANNING, DESIGN AND CONSTRUCTION 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. Page 4 of 23 Page 545 of 878 * * * Policy 3.2: Roadway Projects The City shall undertake necessary steps to meet the required level of service on the Jinks and intersections included in the City's transportation network. consistent with the 2015 Transportation Master Plan, the 2015 Bicycle Pedestrian Master Plan, and the Miami Beach Street Design Guidelines (April 2016). The proposed projects are a result of the needs assessment performed as part of this Transportation Element and included in the Data, Inventory 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: • Trolley system expansion. • Light Rail TraRsit/Modern Streetcar Transit development throughout the City to enable access to longer distances without the need for a private vehicle. • Integration of Trolley and Light Rail TraRsit/Modern Streetcar Transit service to achieve optimal connectivity. • Exclusive Transit Lanes. As a way to incorporate the overall vision for an interconnected and reliable transit network for the City, exclusive transit Janes were considered for corridors with prioritized transit modes. The provision of a lane(s) solely dedicated to transit offers a range of operations and economic opportunities for a corridor. Exclusive transit lanes allow for the implementation of bight Rail/Modern Street Car, Bus Ra!Jid TraRsit (BRTl. aRd ERhaRced lrns Rapid Transit systems and improve the reliability of traditional bus service. Light Rail/Modern Streetcars, Bus Rapid Transit (BRD and Enhanced Bus systems are forms of rapid transit that combine stations, vehicles, services, and ITS elements into an integrated system. The City is studying ldqht Rail/Modern Streetcar BRT aRd ERhaRced !JFOjests Rapid Transit Systems to determine demand, cost, benefit, and impact. • Concurrent flow bus Janes should allow at least two (2) adjacent general traffic Janes in the same direction of travel. • Contra flow bus lanes should allow at least two (2) traffic lanes in the opposite direction of travel, as deemed technically feasible. • Expansion of the SolJth Beach Local Circulator, iRcllJding relJte changes to incorporate Belle Island and the CulllJral CarnplJs, which will fwther integrate ffllJltirnodal transportation facilities with variolJs neigheorhoods and provide linkages to cornrnercial centers, recreational arnenities anEl clJltural assets • A ~Jorth Beach CirclJlator ey continuing to work with Miarni Dade Transit to finalize the irnplernentation of this service • Expansion of the Atlantic Greenway Network by continued negotiation with property owners along the Atlantic Ocean and along Biscayne Bay. Page 5 of 23 Page 546 of 878 • Bicycle rack installations. City will maintain the approximately 500 bicycle racks installed in 2015-2016. and continue to install additional bicycle racks as recommended in the 2015 Bicycle Pedestrian Master Plan to provide safe and secure bicycle parking for bicyclists in Miami Beach. By the end of 2Q1 a it is estimated that approximately §QQ bicycle racks will be installed in safe, convenient locations along commercial corridors, residential areas and public facilities. Bicycling as an alternative form of transportation will increase the quality of life for our community by reducing traffic congestion. • The City will adhere to the policy governing protected bicycle lanes as contained in the 2015 Bicycle Pedestrian Master Plan. • Bicycle rental program -The City already started this program with a proposal to install up to 85 kiosks of approximately 16 bikcycles per kiosks. The benefits of this 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 an efficient convenient, reliable, safe, and comfortable public mass transportation system, including transit intermodal facilities, 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-Dade County Comprehensive Plan~ 'Nithin this planning period t Ihe City will continue to perform studies which examine the use of Light Rail/Modern Streetcar, Bus Rapid Transit, street cars 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,--aF1€1 the Coastal Communities Transit Study, and the 2015 Transportation Master Plan. Policy 4.1.1 Reliance on Transit Services. Transit services within the City of Miami Beach consist of regional and local routes operated and maintained by Miami-Dade County (MDC), and a local trolley service provided by City. The City's 2015 Transportation Master Plan prioritizes continued expansion of transit services, as there is a growing portion of the City's daily population that is reliant on these transit services to enter, travel within, and/or leave Miami Beach. The City desires to continually increase the number of persons within the City and region to use Transit Services, and for the City to provide more convenient, reliable, safe. and comfortable mobility options. Policy 4.2: Minimum Peak Hour Service Standard Page 6 of 23 Page 547 of 878 The City shall coordinate with Miami Oade Transit DTPW by 2012 so that the minimum peak hour mass transit level of service standards provided by DTPW within the City shall be done with public transit service having no greater than~ 15 minute headways and an average route spacing of Y. mile provided that: * * * Po/icy4.4: Enhanced Transit Amenities The City shall coordinate with Miami-Dade Transit to provide enhanced transit amenities, such as transit intermodal facilities, with integral parking and/or park-and-ride facilities, as appropriate, dedicated to transit patrons. This coordination with DTPW shall include transit centers , and transit stops bi;s shelters, intermoda/ facilities, bi;ses, implementation of bus rapid transit (BRT) along(please see glossary of terms) selected corridors, with real time transit location information, passenger amenities, and bicycle facilities at shelters and at intermodal terminals, more comfortable bi;s seating, and passenger amenities, etc. Policy 4.5: Transit lntermodal Facilities/Transfer Centers/Transit Stops. The City shall continue to coordinate with the MOT DTPW to construct transit intermodal facilities to serve transportation uses that support the future exclusive transit lanes identified in the 2015 Transportation Master Plan for BRT or Li9ht Rail/Modern Streetsar Rapid Transit Systems at intercept locations entering the City and shown in the map entitled "Miami Beach Transit Corridors and Transit lntermodal Facilities". The City shall develop transfer centers and stops to ensure that longer distance travel, not readily accessible by foot or bicycle, are accommodated to provide enhanced mobility between the City of Miami Beach, Downtown Miami and beyond. which shall incli;de the South Beach Local and Miami Oade Transit bi;ses, and other means of transportation that may be available in the fi;ti;re; and the intermodal transit centers to be located in ~Jorth Beach and Soi;th Beach. Page 7 of 23 Page 548 of 878 Miami Beach Transit Corridors & Transit lntermodel Facllltles ... ·- North . ., 1111111&1 Horth eay " , ·~'&.11_,,,u• ,~., "Q,10 1 ,. -''.'~II_."' =mu~· '"9'. ·~c, 1''"' 1.2 --==-c::===:oMile 0 0.6 -- •. .. " ,_ . L• Oor~• 1.· ,.,,ffd Legend Potential Transit lntermodal Hubs 0 Transit Corridors -Light Rail/Modem Streetcar Corridor -Potential Light Rall/Modem Streetcar Corridor : -Exclusive Transit Lanes Corridor -·-Potent!a! Exclusive Transit Lanes Corridor Miami Beach Transit Corridors & Transit lntermodal Hubs Page 8 of 23 N A I Page 549 of 878 Policy 4.6: Providing Basic Transit Infrastructure Development approval for sites located on main thoroughfares within existing transit routes shall be required where appropriate, to construct a concrete pad and dedicate an easement to Miami Beach or Miami Dade Transit DTPW (or its successor agencies) for public transit uses. The dedicated 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 easement dedication may be granted when an existing bus shelter or pad is located within Y. mile from the proposed development on the same side of the roadway. Appropriate bus stop facility locations shall be determined by analyzing the 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 bikcycle route will be the highest priority for facility placement. Development approval for sites located on main thoroughfares within existing transit routes shall be required where appropriate, to constnJct incorporate transit facilities a concrete pad and dedicate an easement to Miami Beach or Miami Dade Transit (or its sticcessor agencies) for public transit-HSBS amenities. The dedicated easement shall be of sufficient size to allow for..1} American§. with Disabilities Act (ADA) access to transit-aOO ;fl_for future shelter placement, and 3) for future placement of shared bicycle facilities. Fair share contributions in lieu of easement dedication may be granted when an existing bus shelter, BF-pad. or shared bicycle facility is located within Y. mile from the proposed development on the same side of the roadway. Appropriate bus stop facility locations shall be determined by analyzing the 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. Btls-Transit routes with the highest ridership and located on an existing bicycle route will be the highest priority for facility placement. Policy 4.7: Reserved North Beach and Middle Beach Circulators The City shall plan, design, seek funding for and implement local circbllator systems in ~lorth Beach and Middle Beach. Policy 4.8: Coastal Communities Transit Plan The City shall work pursue with Miami Dade Transit to implement relevant transit recommendations included in the Coastal Commtinities Transit 2015 Transportation Master Plan, including working with DTPW to implement recommendations requiring County participation. This sttidy is a detailed analysis of transit ridership to recommend efforts foctised on providing express service along the AIA corridor, while providing local service via circtilator systems in North Beach, Middle Beach, and gotith Beach, all connected by intermodal transfer facilities. More specifically this sttidy made recommendations incltiding btit not limited to as outlined below: * * * Policy 4.9: Transit Routes Page 9 of 23 Page 550 of 878 The City shall continue to coordinate with MG+ DTPW to ensure that transit service within the South Beach, Middle Beach and North Beach TCMA's maximize mobility and reflects routes whish serve to that facilitate movement within the City, while preserving the historic character of the community. Policy 4.1 O: Special Transit Services The City shall continue to encourage Miami Daae Transit DTPW to provide a more convenient, accessible, and equitable paratransit services to all eligible users within Miami Beach including the elderly, handicapped, low income and other transit dependent users. Policy 4.11: Beach Corridor Transit Connection Project (formerly known as Baylink) Cress Bay Transit Alternative The City shall continue to pursue the component of the Metropolitan Planning Organization (MPOl 2015 Beach Corridor Transit Connection Study that is located in the South Beach portion of Miami Dade (south of Dade Blvd and east of Biscayne Bay). This study provided an update to and reaffirmed the 2014 Bay Link Study which recommended a mass transit connection from downtown Miami the Miami Beach Convention Center across the MacArthur Causeway. The City encourages MGT--FDOT, DTPW, the City of Miami and the Metropolitan Planning Organization (MPO) to move forward with the recommendations of the Policy Executive Committee for the 2015 Beach Corridor Transit Connection Study to complete the Project Development and Engineering for McArthur Causeway portion of the Project as expeditiously as possible shJay the feasibility of a connesting Miami Beach by transit to the Air13ort and Downtown Miami. Policy 4.12: Support for Nartheast Corridar The City su1313orts the re13rioritization of Um Northeast Corridor on the Long Range Trans13ortation Plan (LRTP) to number 1, and st1bsequent im13lementation of the ~Jortheast Corridor transit line to im13rove connectivity from Miami and Miami Beach to Northeast Miami Dade and Broward Counties. * * * OBJECTIVE SA: TRANSIT MODE. An essential component to meet the mobility needs of Miami Beach's residents, visitors, and employees, improve and sustain the City's economic vitality, and support the growth and development of urban mixed-use centers, is providing a system of interconnected transit services. Policy SA.1: Transit Serves as an Alternative to the Private Automobile. Page 1Oof23 Page 551 of 878 Transit should serve as an alternative to the private automobile in reaching the City from the mainland and be able to make longer trips to connect between many of the City's important destinations that may be too far for people to walk or bicycle. Therefore, providing high quality transit service is an important part of developing a sustainable transportation system and providing options to travel to and within the City without the need to rely on a private vehicle. Policy SA.2: Reliance on Transit Services. Transit services within the City of Miami Beach consist of regional and local routes operated and maintained by DTPW. and a local trolley service provided by City. The City should continue to expand transit services. as there is a growing proportion of the City's daily population that is reliant on these transit services to enter, travel within, and/or leave Miami Beach. The City desires to continually increase the number of persons within the City and region to use Transit Services. and for the City to provide more reliable mobility options. Policy SA.3 Transit Infrastructure. The City should explore mobility benefit. cost effectiveness and design of exclusive transit lanes. including but not limited to, concurrent flow bus lanes and contra flow bus lanes. Policy SA.4 Capacity and Operational Strategies The City should encourage and explore various operational strategies including: a. Realigned transit service schedules. Q,. Monitoring the security of transit patrons, stations, and vehicles. c. Enhanced transit amenities and safety. Q,_ Universal fare cards for regions with multiple transit agencies. e. Installation of bus-priority traffic signals. t. Provision, if feasible, of queue-jumper lanes at intersections where there are no stops. fh Consolidation of stops. Policy SA.5 Transfer Locations. The City shall maintain constant coordination with DTPW to construct intermodal transit facilities to serve existing and future multi-modal transportation uses. The City shall ensure success of the transit environment with proper management and transfer options to minimize delays, missed departures, long wait times, and/or bus crowding by ensuring adequate or sufficient infrastructure. Transfers are 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 surrounding community. In designing transfer locations the City shall take into consideration adjacent projects. integrate the culture of the surrounding community, and potentially venture into joint development with other sectors (such as retail and/or civic spaces). Further, the City Page 11 of 23 Page 552 of 878 shall ensure that the transfer locations do not contribute to unwanted noise. emissions. and potentially loitering passengers. Policy 5A.6 Transfer Stops/Center. Through transfer stops or centers the City seeks to improve livability, mobility, and accessibility. The City shall identify key locations based on existing transit activity, boardings and deboardings. converging transit routes, available right-of-way (ROW), existing infrastructure, surrounding neighborhoods. transportation priorities, and existing and future land use. The City shall also consider ridership data and converging transit routes locations as to where transfer stops/centers are likely to be needed within the City. Policy 5A.7 Enhanced Transit Amenities. The City shall coordinate with Miami-Dade Transit to provide enhanced transit amenities. such as bus shelters. intermodal facilities. parking, park and ride amenities. transfer stations/centers. buses. implementation of bus rapid transit (BRT) along selected corridors. real time transit location information at shelters. exclusive bus lanes, and at intermodal terminals. more comfortable bus seating. and passenger amenities, etc. Policy 5A.8: Providing Basic Transit Infrastructure. Development approval for sites located on main thoroughfares within existing transit routes shall be required. where appropriate. to construct appropriate transit facilities and/or dedicate an easement to Miami Beach or Miami-Dade transit (or its successor agencies) for public transit uses. The dedicated 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 easement dedication may be granted when an existing bus shelter or pad is located within Y.. mile from the proposed development on the same side of the roadway. Appropriate bus stop facility locations shall be determined by analyzing the 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 bicycle route will be the highest priority for facility placement. Policy 5A.9: North Beach and Middle Beach Circulators (local Circulators Systems). The City shall plan. design, seek funding for and implement local circulator systems in North Beach and Middle Beach. The City shall continue to plan and coordinate with Miami-Dade Transit (MDT) and the Florida Department of Transportation (FDOT) to develop a connected circulator system that feeds regional routes and future rail connections. * * * OBJECTIVE 6: MULTI-MODAL TRANSPORTATION AND MOBILITY STRATEGIES Page 12 of 23 ., .. Page 553 of 878 The City shall continue to support and promote multiple modes of transportation by considering Transportation Demand Management (TDM), Transportation Systems Management (TSM) , and other techniques. Policy 6.1: Transportation Systems Management (please see Glossary of terms) Through the site plan review process, the City shall edblcate require the development commblnity and encoblrage appropriate TSM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to: • Site access management and safety • Parking facilities and programs • The implementation of programs that support carpools, vanpoo/s or ridesharing • Traffic management and traffic monitoring programs • Incident management • Congestion management • ,ll,ooess management • Parl<ing policies which discoblrage single occblpancy vehio/es • The encoi;ragement of carpools, vanpoo/s or ridesharing • Programs or projects that improve traffic flow, inc/i;ding projects to improve signalization • On road bicycle lanes, bicycle parking, and bicycle amenities at commercial and residential blses • Improve intersections, and implement Intelligent Transportation Systems (ITS) strategies, inc/i;ding Pedestrian oriented intersection design strategies • Pedestrian coi;ntdo·.vn signals Policy 6.2: Transportation Demand Management (please see Glossary of terms) Throi;gh t/'le site plan review process, the City shall edi;oate the development commi;nity and encoi;rage appropriate TDM strategies to improve the mobility systems efficiency, effeotiveness and safety. These may inc/i;de bi;t are not limited to efforts to The City shall develop and implement a Transportation Demand Management (TDM) program, intended to reduce the 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, • demand response service, • 13aratransit ser«ices (fer special needs 13opulation), • public/private provision of transit service, transfer hubs, transfer stops, parking facilities dedicated to transit patrons, and carpools • bikcycle sharing, or shared car initiatives, • provision of short term and Jong term bicycle parking, showers and changing facilities, • provision of parking for carpools, Page 13 of 23 Page 554 of 878 • alternative hours of travel, including flexible work hours, staggered work shifts, compressed work weeks and telecommuting options, • subsidy of transit fares, • used of long term parking to be developed at City's entry points, • shared vehicular and pedestrian access for compatible land uses, where possible, • shared parking agreements for compatible land uses, where possible,~ • provision of transit amenities, • oar share vehiole parl<in§. Policy 6.3: Intelligent Transportation Systems (please see Glossary of terms) The City shall ooordinate with and support FOOT in the pursuit of pursue implementation of Intelligent Transportation Systems (ITS), to help manage congestion on facilities within Miami 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 system, 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. In the meantime, the City will use the MPO's regional model to establish the modal split within the City. The City shall create transit hubs, transit centers and stops to integrate the various modes at one location according to modal priority. Policy 6.5: Mode Split Analysis The City's goal is to achieve its 2035 vision of a minimum transportation mode split of 4d-% private vehioles, 20% mass transit, 17% walking, 10% bicycling, and 10% other modes through support of and implementation of multimodal transportation improvements. By 2015, the City shall undertake an analysis that determines the baseline moEle split, then set a target mode split to be aohieved in a oertain period of time. Policy 6.6: Funding Multimodal Improvements The City's transportation is funded from a portion of the Quality of Life Resort Tax. The City shall examine the feasibility of developin§ expanding sources of revenue for a transportation trust fund in which to invest its revenue generated via taxes or development fees, etc. and which will be earmarked towards the implementation of scheduled transportation improvements, in coordination with long=term master planning efforts. Policy 6.7: Prioritizing Multimodal Improvements Page 14 of 23 Page 555 of 878 As a method of achieving a balance between an efficient and effective level of service and an adeciuate mode split, by 201 a, tThe City shall continue implementation of prioritized multimodal improvements, as documented in the 2015 Transportation Master Plan (TMP). examine placing a higher priority on the development and implementation of alternative mode projects, than it would on physical capacity projects. A method of doing so may be to spend an increased percentage of City transportation funds, taken from all sources, on transit or alternative mode projects in lieu of physical capacity projects. 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 stops 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 pedestrian-friendly and safe crosswalks with enhanced signage; b. The development of bil<:cycle 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 user safety and convenience. d. Adopt new pavement markings, presented in the 2016 Bicycle-Pedestrian Master Plan (i.e. Bicycle boulevard pavement marking), and continue to implement colored bicycle boxes at intersections, points of conflicts, and other recommended locations citywide. * * * Policy 6.12: Reserved Multimodal Options The City shall promote alternate transportation modes and implement the transit, pedestrian, bicycle and other modes of transportation pursuant to F.A.C. 9J 5 in Transportation Conourronoy Management Areas as follo>,vs: a. Continue implementing the projects in the "Elil~e Mastor Plan" in the Capital Improvement Program (Cl P) prioritizing those projects ""'here there are gaps on the bicycle and pedestrian network. Current priority Cl P funded projects include the Eleach 'Naik Phase II, and Middle Eleach Recreation Corridor Phase I Pedestrian Elil~e Path. b. Continue supplementing the MMP Project Elank with projects from "Coastal Communities Transit Master Plan" These, upon approval, would be added to the GIP.- Page 15 of 23 Page 556 of 878 c. Continlle coordination with Miami Dade Transit to implement tho Middle and North Beach Circlllators. Cllrrent priority Cl P fllnded projects inclllde the North Beach lntermodal Center. d. Continlle improvin9 mllltimodal infraslrllGtllro incllldin9 pedestrian and bicycle pathways, secllre bicycle parl~in9, transit shelters, and transit amenities incllldin9 bike racks on bllses. Throll§h the land development code and site plan review process, the City will continlle providin9 amenities and incentives to alternate modes of transportation. Cmront priority GIP fllnded projects inclllde the installation of crosswalks, cllrb ramp installation/maintenance and pedestrian collntdown si9nals in variolls locations throllghollt Miami Beach. e. Implementing projects that accommodate all llsers of the transportation system, inclllding pedestrians, bicyclists, llsers of mass transit, people with disabilities, the elderly, motorists, freight providers, emergency responders, and adjacent land lJsers. Policy 6.13: Reserved Coastal Commi.rnities Transportation Master Plan The City shall coordinate 'Nith the Florida Department of Transportation and Miami Dade Collnty, to implement relevant recommendations of the Coastal Commllnities Transportation Master Plan. This stlldy is a wb regional mlllti modal transportation master plan, which llsed extensive pllblic involvement combined 'A'ith a state of the art ori9in and destination stlldy to recommend efforts in the areas of capacity, corridors, alternative modes and policies, in short term, mid term and Ion§ term time frames. Policy 6.14: Transportation Planning The City shall treat its Mllnicipal Mobility Plan, its Coastal Commllnities Transportation Master Plan, and its AGN as living docllments, which shollld be llpdated on a reglllar basis. The City is currently using the Mi;nicipal Mobility Plan and the Coastal Commi;nities2015 Transportation Master Plan as a basis for capital budgeting and transportation planning efforts. In the next five years the City shall initiate a transportation master plan that will be a living dowment, i;pdated on a regi;lar basis, and will gi;ide all capital bi;dgetin9 and transportation plannin9 efforts The City shall treat its Municipal Mobility Plan, its Transportation Master Plan, and Bicycle Pedestrian Master Plan as living documents. which should be updated on a regular basis. The City should update the Transportation Master Plan every five years. Policy 6.15: Transit lntermodal Feasibility Facilities Plan The City shall llnElertal<e an internwElal feasibility stuEly to locate intermoElal connectiYity, parking and transfer facilities to connect the fi;ti;ro transit system as described in the Coastal Commi;nities Transit Plan and Coastal Commi;nities Transportation Master Plan. Tho City should pursue tho implantation of lntermodal Transit Facilities in association with tho implementation of tho exclusive transit lanes in the 2015 Transportation Master Plan. The 2015 TMP identified transfers as an essential part of an effective transit system because they maximize tho 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 Page 16 of 23 Page 557 of 878 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 City should pursue intercept parking as part of inteFmeEial transit and transfer facilities to reduce vehicles coming onto Miami Beach. * * * Policy 6.17: Reserved Cellins I HaFEiiR!J, Twe Way PaiF The City shall worl< with FOOT and the County to reevaluate the feasibility of creating the Collins/Harding corridor between the northern city limit and the 72"4 Street area, as a pair of bi directional roadways. Policy 6.18: Corridor 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. In addition, the City should encourage the development of an intersection safety program in which intersections with skewed geometries or high crash intensities are specifically reviewed and analyzed by a traffic engineer to improve safety for all modes of transportation. * * * OBJECTIVE 7: ENHANCE, PROTECT, AND PRESERVE THE CITY'S NEIGHBORHOODS 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. * * * Policy 7.2: Neighborhood Protection The City shall strive to protect the residential neighborhoods from unnecessary traffic intrusion through-an the evaluation and implementation ef--and implementation of the various traffic calming, regulatory or operational alternatives identified in the adopted Street-Design Guidelines which would provide incentives for non~local traffic to remain on the designated arterial network. Policy 7.3: Discourage Cut-through Traffic The City Public VVorks Department will work with Miami-Dade County and FOOT to recommend 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 FOOT standards can be met; • Joint access, cross access, and shared access; • Raised median diverters; Page 17 of 23 Page 558 of 878 • • . • • • • Angled entranGes and exits and other driveway configurations whiGh Ghannel tra#iG away from the neighborhood; EnforGeable signs ("do not enter'', "no thru tra#iG," etG.); Building orientation away from the neighborhood, inGluding drive through windows; Internal tra#iG GirGulation to disGourage use of adjaGent side streets; Pedestrian access to encourage walking, rather than driving, short distances; Transit orientation, including safe and convenient pedestrian routes to the nearest bus stop; Speed tables Policy 7.4: Traffic Calming 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 deviGes methods. 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 extent possible the City shall maintain local control over the implementation of traffic calming measures. Policy 7.5: Roadway Safety The City will coordinate with Miami Dade County Public 'Nork Departments (MDPWD) and Miami Dade Transit OPTW and FOOT to ensure that short-term and maintenance of traffic signals and signage are continuously monitored and updated. A yearly short term improvement program will be implemented to improve the safety of the road transportation network by: 1. Replacing missing road signs, 2. Repairing malfunctioning signal heads, <l. Removing or trimming roadside shrubbery that blocks visibility, 4. Repairing pedestrian signal heads and pedestrian sign age 5. Providing maintenance of pavement markings for pedestrian, vehicular, transit and bicycle modes, 6. Minor drainage system replacements, and 7. Repair guardrail, transit amenities and street furniture. * * * Policy 7.7: Access Management The City shall work with FOOT and MDPVVD OTPW to impose access 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 mitigated, 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 impact study to aid in the decision on the location and design of the access to serve a land development. Page 18 of 23 Page 559 of 878 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 MDCPW 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 eliminate or minimize road·.vay designs which lead to hazardous conditions by: 1. requiring the provision of adequate off street queuing areas; 2. prohibiting hazardous access from driveways and traffic lanes through safe systems of ingress and egress: (i.e. turn lane policies); 3. requiring the installation of acceleration and deceleration lanes, turning lanes or parallel access lanes, where appropriate; 4. requiring the elimination or the minimization of conflicts between roadway, bicycle and pedestrian traffic by reasonable separation of vehicles, bicycles and pedestrians, particularly near schools, parks and other areas where children are concentrated; a. Requiring adequate capacity for emergency evacuation or emergency response vehicles; 6. Requiring adequate accessibility for delivery vehicles and service vehicles. * * * Policy 7.9: Evaluating Crash Data to Improve Intersection Safety The City shall of Miami Beach Police Department 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 Beach Public 1Norks Department, the MDPWD DTPW or FOOT, 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 Context Sensitive Design (please see Glossary of terms) The City shall provide ego by integrating projects into the built environment in a sensitive manner through careful planning, consideration of different perspectives, and tailoring designs to particular project circumstances. All ego in coordination 'Nith fDOT and MDP1ND within the City shall promote six key principles: 1. Balance safety, mobility, community, and environmental goals in all projects. 2. Involve the public and affected agencies early and continuously. Page 19 of 23 Page 560 of 878 3. Use an interdiscieilinary team tailered te eireject needs. 4. Address all medes ef travel. 5. Aeieily flexibility inherent in design standards. 6. lncereierate aesthetics as an integral eiart ef geed design. * * * Policy 7.15: Aesthetisally Pleasing Roadways Landscaping, Lighting and Signage 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. It shall also continue implementing programs to landscape and maintain existing median strips and rights-of-way. * * * OBJECTIVE 8: PARKING The City shall provide clean, safe, and affordable parking, by continuing to explore 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 may be needed. The City shall also continue to monitor parking demand, and assess feasibility, where applicable, of potentially responsive strategies. * * * Policy 8.8: lncentivizing Transit through Parking The City shall encourage long-term daily parking and use of the Seb!th Beach Lecal er ether local circulators as a way of minimizing internal trips within the various neighborhood districts. Policy 8.9: Reserved Monitoring Supply and Demand The City shall centinbleblsly meniter and b!FJdate the eiarking rectblirements in the Land Develepment Regbllatiens te rewlt in a better ratie ef Sblpply te demand which implements innovative parking strategies in commercial areas to promote multimodalism. Policy 8.9: Public Access to Parking The City shall continue to maximize optimal use of public access te parking spaces in all areas, by promoting shared parking programs, wayfinding to parking facilities, and use of Smart Parking Systems (SPS) to identify locations of available parking. * * * Page 20 of 23 Page 561 of 878 OBJECTIVE 10: TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS Transportation efforts in the City will be coordinated with the plans and programs of other state and local jurisdictions including; the Miami-Dade Metropolitan Planning Organization (MPO), the Florida Department of Transportation (FOOT), Miami-Dade County Public Works (MDCPW), and Miami Dade Transit (MDT), and other local jurisdictions. * * * Policy 10.2: Coordinate with Miami-Dade Transit County The City shall review the annual versions of the Miami Dade MDC Transit Service Development Plan to coordinate this element with the plans of the MDT. * * * Policy 10.6: Multimodal Components of Roadway Projects During the design stages of roadway improvements, the location of transit facilities such as transit intermodal facilities, transit centers, transit stops, turn-out bays, transit amenities and transit shelter locations, shall be included in the roadway design proposal. These improvements shall be coordinated with the agency(ies) that have jurisdiction over the facilities being designed. * * * GLOSSARY OF TERMS * • • • Transportation Demand Management: (TOM): is a general term for strategies that result in more efficient use of our transportation 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 provides convenient connections between streetcars, bus rapid transit (BRTl, or another public transit mode such as busways, bus lines, while offering some pedestrian and bicycle amenities and services; provides access to more than two (2) buses or light rail/streetcars; provides accessory parking spaces at intercept locations, generally between 75 and 500 spaces; and may include amenities such as retail, restrooms and lounge areas . • • • List of Acronyms • CSS: Context Sensitive Solutions • DTPW: Miami-Dade County Department of Transportation and Public Works Page 21 of 23 Page 562 of 878 * * * • LRTP: Long Range Transportation Plan • MDC: Miami-Dade County * * * • TIP: Transportation Improvement Program • TMP: Transportation Master Plan SECTION 2. The following amendment to the City's 2025 Comprehensive Plan Intergovernmental Coordination Element is hereby adopted: Policy 1.10 The City shall coordinate the planning and development of lntermodal Transit Facilities with Miami-Dade County, the Miami-Dade Metropolitan Planning Organization (MPO), and surrounding municipalities, as applicable. SECTION 3. 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/Interstate 195 and the Alton Road Interchange, 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)." SECTION 4. REPEALER. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. 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 Page 22 of 23 Page 563 of 878 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. SECTION 7. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect 31 days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes. PASSED and ADOPTED this __ day of ________ 2017. ATTEST: CITY CLERK First Reading/Transmittal: February 8, 2017 Second Reading/Adoption: March 1, 2017 Verified By: Thomas R. Mooney, AICP Planning Director Underline= new language Stril~ethreu9h =deleted language MAYOR APPROVED AS TO FORM AND LANGUAGE d ~C!ND FOR EXECUTION .._Q__ · «J--\-is-11 City Attorne~ Date BOLD Strilcetlireu9h and Double Underscore= modified language for New First Reading T:\AGENDA\2017\2 -February\Planning\Transit lntermodal Facilities -Comp Plan -NEW First Read ORD Feb 2017.docx Page 23 of 23 Page 564 of 878 Page 565 of 878 Ordinance s - R5 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 10:30 a.m. First Reading Public Hearing SUBJECT:NORTH BEACH NATIONAL REGI STER CONSERVATI ON DISTRICTS DEMOLITION MORATORIUM: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, PERTAI NING TO THE SUBJECT OF A SI X (6) MONTH MORATORI UM FOR THE FOLLOWING AREAS/PROPERTI ES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRI VE/BYRON AVENUE ON THE W EST AND THE EASTERN LOT LI NES OF LOTS FRONTI NG ABBOTT AVENUE ON THE EAST BETW EEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTI ES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LI NES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTI ES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTI ES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRI VE ON THE EAST; THE PROPERTIES FRONTI NG THE EAST SIDE OF RUE VERSAI LLES FROM 71ST STREET TO BIARRI TZ DRIVE; THE PROPERTI ES FRONTI NG BI ARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTI NG RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTI ES FRONTING THE WEST SI DE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTI ES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLI CATI ONS, PERMITS OR PENDI NG APPROVALS PERTAI NING TO DEMOLI TION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTI VE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDI NANCE SHALL BE EFFECTIVE UPON FIRST READING OF THI S ORDI NANCE, AND NO APPLICATI ONS FOR DEMOLITION WITHIN THE DESI GNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABI LITY; R E P E A L OF CONFLI CTI NG ORDINANCE PROVI SIONS; AND PROVI DI NG FOR AN EXPI RATI ON DATE. Page 566 of 878 RECOMMENDATION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On May 11, 2016, at the request of Commissioner Arriola, 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 (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: The “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. The “Normandy Isles 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 Indian Creek to the east. As approved, the moratorium remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, and expired on 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 Waterway. T he moratorium for Tatum Waterway is scheduled for Second Reading / Adoption on February 8, 2017, and is retroactive to January 11, 2017. PLANNING ANALYSIS The proposed moratorium is an extension of the previous moratorium, and would apply to the demolition of any “Contributing” structure within the areas identified for inclusion in the proposed North Beach National Register Conservation Districts. Generally, this includes the areas of the North Shore and Normandy Isles National Register Districts that were not included within the proposed boundaries of the local historic districts. The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to February 8, 2017, which is the applicable date of the existing moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would 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. Page 567 of 878 The ordinance is proposed to be effective, RETROACT IVE, to February 8, 2017. CONCLUSION The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning / Of f ice of the City Attorney Sponsor Vice-Mayor Joy Malakof f ATTACHMENTS: Description Form Approved Ordinance Ad Page 568 of 878 North Beach National Register Conservation Districts Demolition Moratorium ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71 5 T STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71 5 T STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71 5 T STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71 5 T STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71 5 T STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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 PROVIDING FOR AN EXPIRATION DATE. WHEREAS, the Mayor and City Commission desire to create a conservation district overlay for the entirety of the North Beach National Historic District and the Normandy Isles National Historic District; and WHEREAS, within the two National Historic Districts, the City has triggered zoning in progress to create two new local historic districts, which two districts are smaller than the larger National Historic Districts; and WHEREAS, the Mayor and City Commission have implemented a temporary moratorium on the receipt of and processing of demolition permits to ensure the completion of the regulations relating to the creation of conservation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South and has imposed a moratorium for that area; and Page 569 of 878 WHEREAS, as the conservation district regulations have not been drafted or implemented, the City desires to implement a moratorium for the portions of the proposed conservation district that is not currently subject to the Tatum Waterway Moratorium, or zoning in progress under the local historic district designation process: and WHEREAS, as seen in WCI Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing 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. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st 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 conservation district regulations; and WHEREAS, while the planning process is being solidified, some 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 traffic 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 the character of the remaining areas not covered by the (a) Tatum Waterway moratorium or (b) zoning in progress for the local designation areas, w[lile 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 2 Page 570 of 878 WHEREAS, 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. WCI Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply the 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, Id.; and WHEREAS, the moratorium is not the retroactive application of a tax; and WHEREAS, the City is 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 CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals 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 the following areas/properties: properties located between Tatum Waterway Drive/Byron Avenue on the west and the eastern lot lines of lots fronting Abbott Avenue on the east between 7ylh Street on the south and 861h Street on the north; the properties located between the Tatum Waterway on the west and the eastern lot lines of lots fronting Abbot Avenue on the east between 75th Street on the south and 77th Street on the north; the properties located at 8519, 8525, and 8527 Crespi Boulevard; the properties fronting Normandy Drive from Rue Notre Dame on the west to Bay Drive on the east; the properties fronting 71 51 Street from Rue Notre Dame on the west to Bay drive on the east; the properties fronting the east side of Rue Versailles from 71 51 Street to Biarritz Drive; the properties fronting Biarritz Drive from Rue Versailles on the west to Rue Vendome on the 3 Page 571 of 878 east; the properties fronting Rue Vendome from 71 st Street on the north to Brest Esplanade on the south; the properties fronting Brest Esplanade; the properties fronting the west side of Bay drive from Brest Esplanade on the south to 71st Street on the north; the properties fronting the east side of Bay Drive from 71 st Street on the south to the Normandy Waterway on the north. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. 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 City Commission as to the progress being made in the preparation of the conservation district ordinances. SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall 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 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective, RETROACTIVE, to February 8, 2017. PASSED and ADOPTED this __ day of ________ , 2017. ATTEST: CITY CLERK First Reading: Second Reading: Verified by: _________ _ Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language Stril<ethru denetes stricken language MAYOR APPROVED AS TO FORM AND LANGUAGE c;) (\\ & FOR EXECUTION c:ZS:l,,~ ~ 1-2.3-\1 Date 4 Page 572 of 878 THURSDAY JANUARY 26 2017 MIAMIHERALD.COM NEIGHBORS 2 3 N E MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE PERTAINING TO NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM FEBRUARY 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing, will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 10:30 a.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS /PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE /BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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 PROVIDING FOR AN EXPIRATION DATE. Map indicating the area covered by the proposed Ordinance YIbY 1a. 1111 ' llltl111111f1'i1111111i . 111111111111111 I11I11111i t11 101 u 11111+11 1 111 hair111w . IIIr 1 1111 1111.11! IPA 1i11i 1.) irk' 1.0 01 1 i_FI.I 1'I J0,4111 UM MI MS. 1 1111 11117.111144 11 — j II '11 I111 Ii• .011 1, 111i Jlp+7'!le 1 •1711 1711 01111 1t141i7F lay III - 111. 1 11 This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 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" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 15` Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov. or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1275 Rafael E. Granado, City Clerk City of Miami Beach Page 573 of 878 Ordinance s - R5 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 5:01 p.m. First Reading Public Hearing SUBJECT:DISCONTI NUANCE OF NONCONFORMI NG USES. AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDING CHAPTER 118, “ADMINISTRATI ON AND REVIEW PROCEDURES,” ARTICLE I X, “NONCONFORMANCES,” TO ADD SECTION 118-390 “PURPOSE/APPLI CABI LITY,” AND AMEND SECTI ON 118- 394, “DI SCONTINUANCE OF NONCONFORMING USES” TO DEFINE THE PROCESS FOR RETAINI NG LEGAL NON-CONFORMI NG USES AND ESTABLISH GUIDELINES FOR DETERMINING W HETHER THERE HAS BEEN AN I NTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABI LITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On July 13, 2016, at the request of Commissioner Michael Grieco, the City Commission referred this request to the Land Use and Development Committee (Item R5I). On July 20, 2016, the Land Use and Development Committee discussed the item and continued the discussion to September 21, 2016 by acclamation. On September 21, 2016 the item was continued to a date certain of October 26, 2016. On October 26, 2016 the Land Use Committee discussed the revised draft of the Ordinance, and recommended that the City Commission refer the item to the Planning Board. On November 9, 2016, the City Commission referred the proposed Ordinance to Planning Board (Item C4 C). PLANNING ANALYSIS When the City Code is amended in a way that prohibits a use or restricts the use in a zoning district, those existing uses in the district that are not conforming to the new regulations that are pre-existing become legal non-conforming uses. Legal non-conforming uses are allowed to continue their operation as long as the use remains active and does not cease operations for a time period set forth in the City Code Section 118-394. The current language in the City Code regarding the Page 574 of 878 discontinuance of a non-conforming use is stated below: Sec. 118-394. - Di sconti nuance of nonconforming uses. No bui ldi ng, structure, equi pment, fixtures or l and, or porti on thereof, used in whole or in part for a nonconforming use whi ch remai ns i dl e or unused for a conti nuous peri od of si x months, or for 18 months duri ng any three-year peri od whether or not the equi pment or fi xtures are removed, shal l again be used, except in conformi ty with the regul ati ons of the di stri ct i n whi ch such buil ding or l and i s located. With the recent amendments to the City Code, such as prohibited uses near residential zoning districts and the operating hours of alcoholic beverage establishments, issues have arisen with regard to those businesses that are already in operation. Currently, in order to establish the idle status of a non-conforming use, staff researches the BT R and building permit history. If the BTR has not been expired for more than six (6) months, or a building permit has been issued within the six months that tolls the time until the building permit was finalized, then the non-conforming use would be allowed to continue. The previous proposal to increase the time frame for legal non-conforming uses from six (6) months to eighteen (18) months, as recommended by the Land Use Committee, was amended to a maximum of twelve (12) months (366 days) by the City Commission at the time of referral on November 9, 2016. In this regard, 366 days is a reasonable amount of time to find a tenant, contract with design professionals, apply for building permits and obtain a building permit. The increase in the amount of time might help in the case of tenant disputes as well. As a point of clarification, the reason staff uses the application for a renovation or repair of a property to toll the time limit, although that provision is not explicitly written into the current ordinance, stems from the case of Ci ty of Mi ami Beach v. State ex rel. Parkway Co., 174 So. 443 (Fla. 1937). In that case, the Florida Supreme Court held that a use was not discontinued for the purpose of the Miami Beach ordinance if the use had been shut down for the purpose of renovations or repairs. PLANNING BOARD REV IEW On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. The Planning Board also recommended minor text changes, which have been incorporated into the draft ordinance for First Reading. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning Sponsor Commissioner Michael Grieco Page 575 of 878 ATTACHMENTS: Description Form Approved Ordinance Ad Page 576 of 878 DISCONTINUANCE OF NONCONFORMING USES ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE IX., "NONCONFORMANCES," TO ADD SECTION 118-390 "PURPOSE/APPLICABILITY," AND AMEND SECTION 118-394, "DISCONTINUANCE OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL NON- CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, over time, amendments to the City Code have made certain uses prohibited in zoning districts throughout the City; and WHEREAS, due to amendments to the City Code, there are existing uses that have become legal non-conforming; and WHEREAS, the City Code allows existing legal non-conforming uses to remain and change ownership and tenancy as long as the use remains active and does not become idle for a period of time set forth in the City Code; and WHEREAS, the City Code lacks adequate specificity regarding the requirements for determining if a use has remained active or become idle; and WHEREAS, the Mayor and the City Commission desire to standardize the time frame set forth in the City Code for legal non-conforming uses to obtain permits to repair or renovate their premises; and WHEREAS, the amendments set forth below are necessary to accomplish all-ef the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 118, "Administration and Review Procedures," Article IX, "Nonconformances," is hereby amended as follows: CHAPTER 118. ADMINISTRATION AND REVIEW PROCEDURES * * * ARTICLE IX. NONCONFORMANCES Page 577 of 878 118-390 Purpose/Applicability. 1. Nothing contained in this article shall be deemed or construed to prohibit the continuation of a legally established non-conforming use. structure, or occupancy, as those terms are defined in Sections 114.1. The intent of this Section is to encourage nonconformities to ultimately be brought into compliance with current regulations. This section shall govern in the event of conflicts with other regulations of this code pertaining to legally established nonconforming uses, structures, and occupancies. 2. The term "nonconformity" shall refer to a use, building, or lot that does not comply with the regulations of this article. Only legally established nonconformities shall have rights under this section. · 3. For purposes of this section, the term "expansion" shall mean an, addition, enlargement, extension, or modification to a structure that results in an increase in the sguare footage of the structure, an increase in the occupant content or an increase in the number of seats. 4. For the purposes of this section, "legally established" shall apply to the following circumstances: a. A lot that does not meet the lot frontage, lot width, lot depth, and/or lot area requirements of the current zoning district, provided that such lot met the regulations in effect at the time of platting. b. A site or improvement that is rendered nonconforming through the lawful use of eminent domain, an order of a court of competent jurisdiction. or the voluntary dedication of property. c. An existing use which conformed to the code at the time it was established. d. A building, use and/or site improvement that had received final approval through a public hearing pursuant to this chapter: or through administrative site plan review and had a valid building permit. e. There shall be no variance of the nonconforming use(s) section of this Article IX. * * * Sec. 118-394. Discontinuance of nonconforming uses. No suilding, struG!ure, equi13rnent, fhctures or land, or 13ortion tf1ereof, used in whole or in 13art for a noneonferming use whieh remains idle or unused for a eontinuous 13eriod of six months, or for 1 g months during any three year 13eried 'Nhether or net the equi13ment er fi)(tures are removed, shall again l:Je used, exee13t in eonformity with the regulations of the distriet in whieh sueh l:Juilding er land is loeateEI. (1) A nonconforming use may not be enlarged, extended, intensified, or changed, except for a change to a use permitted in the district in which the property is located. 2 of2 .-.. -,--,··-~·-.. ~ Page 578 of 878 (2) If there is an intentional and voluntary abandonment of a nonconforming use for a period of more than 366 consecutive days, or if a nonconforming use is changed to a conforming use, said use shall lose its nonconforming status. Thereafter. subsequent occupancy and use of the land, building. and/or structure shall conform to the regulations of the districts in which the property is located and any structural alterations necessary to make the structure or building conform to the regulations of the district in which the property is located shall be required. An intentional and voluntary abandonment of use includes, but is not limited to, vacancy of the building or structure in which the nonconforming use was conducted. or discontinuance of the activities consistent with or required for the operation of such nonconforming use. (3) The Planning Director or designee shall evaluate the evidence of an intentional and voluntary abandonment of a nonconforming use and determine the status of the nonconforming use. In order for a nonconforming use to retain a nonconforming status, the evidence. collectively, shall at a minimum demonstrate at least one of the following: 1. Continual operation of the use; 2. Continual possession of any necessary and valid state and local permits, building permits. licenses, or active/pending application(s) for approval related to prolonging the existence of the use. Evidence of an intentional and voluntary abandonment of a nonconforming use may include, but shall not be limited to: 1. Public records, including those available through applicable City of Miami Beach, Miami-Dade County. and State of Florida agencies; 2. Utility records, including water/sewer accounts. solid waste accounts. and electrical service accounts: 3. Property records. including executed lease or sales contracts; 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 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 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 of 3 Page 579 of 878 . . r ,w SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2017. ATTEST: Rafael E. Granado City Clerk Verified By: Thomas R. Mooney, AICP Planning Director First Reading: Second Reading: February 8, 2017 March 1, 2017 Philip Levine Mayor (Sponsored by Commissioner Michael Grieco) Underline denotes new language Stril(e\hrough denotes removed language T:\AGENDA\2017\2-February\Planning\Discontinuance of Non-Conforming Uses -First Reading ORD.docx 4 of 4 Page 580 of 878 15NEI NEIGHBORS THURSDAY MARRY 36 2011 WAMHERAle4UM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING DISCONTINUANCE OF NONCONFORMING USES February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida. in the Commission Chamber, 3rd Floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8 , 2017 at 5:01 p.m. or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, `ADMINISTRATION AND REVIEYV PROCEDURES ", ARTICLE IX., "NONCONFORMANCES," TO ADD SECTION 118 -390 "PURPOSE/APPLICABILITY," AND AMEND SECTION 118 -394, "DISCONTINUANCE OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL NON- CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §t16.041 FS. Inquiries may be directed to the Planning Department at 306673.7560. 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, 10I Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1$' Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 Relay Service). Members 01 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 that materials are submitted to the Department of Marketing and Communications by 8:30 A.M., one 11) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communicationai3miamibeachfl .gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. Mote that .pdf is the preferred format for PowerPoint presentations.) Ad 1263 Rafael E. Granada. City Clerk City of Miami Beach Page 581 of 878 Ordinance s - R5 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 5:02 p.m. First Reading Public Hearing SUBJECT:SHORT TERM RENTALS I N THE COLLI NS WATERFRONT LOCAL HISTORI C DISTRI CT: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATI ONS,” OF CHAPTER 142, ENTITLED “ZONING DISTRI CTS AND REGULATI ONS,” BY AMENDING DI VISION 2, ENTITLED “ACCESSORY USES”; BY AMENDING ARTI CLE I V, ENTI TLED “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVI SION 3, ENTITLED “SUPPLEMENTARY USE REGULATIONS,” BY AMENDING SECTI ON 142-1111(b)(3), ENTITLED “ELI GIBI LITY WITHI N THE COLLI NS WATERFRONT LOCAL HISTORIC DISTRICT,” WHICH WILL MODIFY THE ELI GIBI LITY REQUI REMENTS AND PROVISI ONS FOR PROPERTY OWNERS; BY AMENDING SECTI ON 142-1111(b)(4), ENTI TLED “SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES,” BY ESTABLI SHI NG A NEW TIME PERI OD FOR OW NERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HI STORI C DI STRICT TO APPLY FOR APPROVAL OF A CERTI FICATE OF USE THAT PERMI TS SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME RESI DENTIAL UNI TS; AND PROVIDING FOR REPEALER, SEVERABILI TY, CODIFICATI ON, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On June 8, 2016, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the subject ordinance to the Land Use and Development Committee and Planning Board (Item C4Q). On June 15, 2016, the Land Use and Development Committee discussed the ordinance and recommended that the Planning Board approve the item. On August 23, 2016 the Planning Board reviewed the Ordinance and transmitted it to the City Commission with a favorable recommendation. Page 582 of 878 On October 19, 2016, the City Commission reviewed the Ordinance at First Reading. T he City Commission requested additional modifications to the Ordinance, pertaining to unit ownership and allowable short and long term rental periods. Due to the changes necessary to accommodate these changes, the Title of the Ordinance needed to be modified, and the ordinance was re-referred back to the Planning Board for review. PLANNING ANALYSIS The proposed ordinance amendment modifies section 142-1111(b)(4), of the Land Development Regulations to reopen the window for ‘contributing buildings’ located south of West 24th Terrace in the Collins Waterfront Local Historic District to apply for a certificate of use to permit short-term rentals. A three month window was previously provided by the City Commission on February 11, 2015. The proposed ordinance would provide for a window between February 1, 2017 and July 31, 2017 to apply for short-term rentals. The previous window allowed for the Tradewinds building complex, which had been renovated, to allow for short-term rentals. However, there was some uncertainty with other buildings in the applicable boundaries of the Collins Waterfront area, in which some other owners believed that they were grandfathered to allow for short-term rentals. As a result of this uncertainty, other buildings in the area did not meet the benchmarks required to allow for the entire building to permit short-term rentals. Owners within these buildings have expressed support to allow for short-term rentals, especially since many of the units are small, and therefore not ideal for long-term rentals. In addition to the modification noted above, the ordinance has been updated to remove the requirement that short term rental use shall be based on a single use for the property. This requirement had prohibited short term rentals in buildings that also have non-transient residential uses. In this regard, the following language is proposed for section 142-1111 (b)(3)(E): (E) Short-term rental use shall be based on a single use for the property. No building or property seeking to have short-term rentals will be permitted to have mixed residential uses. Residential Apartment units and townhomes, as defined in section 114-1, legally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of apartment units or townhomes. A property owner of an apartment building, townhome or condominium must provide written notification to those long-term tenants (prospective or current tenants with leases of six (6) months and one (1) day or longer), providing affirmative notice that short-term rentals are expressly permitted throughout the building or at the premises Due to the limited area and window to authorize short-term rentals, it is not expected that the proposed ordinance will create negative impacts to the surrounding community. T he benchmarks already in place to authorize short-term rentals provide safeguards against any potential negative impacts that may come about as a result of the use. PLANNING BOARD REV IEW On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. CONCLUSION Page 583 of 878 The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description Form Approved Ordinance Ad Page 584 of 878 ORDINANCE NO. ~~~~~~~~- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-1111(b){3), ENTITLED "ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT," BY MODIFYING THE USE LIMITATIONS WITHIN A BUILDING BASED UPON OWNERSHIP; BY AMENDING SECTION 142-1111(b){4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the rental of multi-family residential properties for periods of less than six months and one day are prohibited by the Land Development Regulations ("LDRs"); and WHEREAS, the City desires to amend the existing regulations pertaining to the short- term rental of apartments and townhomes in the Collins Waterfront Local Historic District; and WHEREAS, the amendment will apply for those properties located South of West 24th Terrace, and expressly permit a new time period to establish eligibility for permitted short-term rental of an apartment and townhome residential unit(s); and WHEREAS, the City has determined that there is a potential for harm should transient rentals are permitted without appropriate regulations to protect adverse external effects of such an intensive use; and WHEREAS, the condition, requirements and regulations set forth in this amendment are consistent with, and further the public health, safety and welfare of the City and its residences and visitors. WHEREAS, the Mayor and City Commission find that this new application time period is consistent with the very limited and controlled commercial and transient use of residences in the Collins Waterfront Local Historic District. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 3, entitled "Supplementary Use Regulations," of Article IV, entitled "Supplementary District Regulations," of Chapter 142, entitled "Zoning Districts and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Page 585 of 878 ... Chapter 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 3. SUPPLEMENTARY USE REGULATIONS * * * Sec. 142-1111. Short-term rental of apartment units or town homes. (a) Limitations and prohibitions. (1) Unless a specific exemption applies below, the rental of apartment or townhome residential properties in districts zoned RM-1, RM-PRO, RM-PRD-2, RPS-1 and RPS- 2, CD-1, RO, R0-3 or TH for periods of less than six months and one day. (2) Any advertising or-advertisement that promotes the occupancy or use of the residential property for the purpose of holding commercial parties, events, assemblies, gatherings, or the occupancy of a residence for less than six months and one day, as provided herein, or use of the residential premises in violation of this section. "Advertising" or "advertisement" shall mean any form of communication for marketing or used to encourage, persuade, or manipulate viewers, readers or listeners for the purpose of promoting occupancy of a residential property for the purpose of holding commercial parties, events, assemblies, gatherings, or the occupancy of a residence for less than six months and one day, as provided herein, upon the premises, as may be viewed through various media, including, but not limited to, newspaper, magazines, flyers, handbills television commercial, radio advertisement, outdoor advertising, direct mail, biogs, websites or text messages. (3) None of the districts identified below shall be utilized as a hotel. (b) Previously existing short-term rentals in specified districts. For a period of six months after June 19, 2010, owners of certain properties located in the following districts shall be eligible to apply for approval of a certificate of use permitting short-term rental of apartment and townhome residential units for these properties under the requirements and provisions set forth below. (1) Eligibility: Properties within the RM-1 and TH zoning districts in the Flamingo Park and Espanola Way Historic Districts. Those properties that can demonstrate a current and consistent history of short-term renting, and that such short-term rentals are the primary source of income derived from that unit or building, as defined by the requirements listed below: (A) For apartment buildings of four or more units, or for four or more apartment units in one or more buildings under the same City of Miami Beach Resort Tax ("resort tax") account. In order to demonstrate current, consistent and predominant short- term renting, the property must comply with all of the following: (i) Have been registered with the city for the payment of resort tax and made resort tax payments as of March 10, 201 O; and 2 Page 586 of 878 (ii) Have had resort tax taxable room revenue equal to at least 50 percent of total room revenue over the last two-year period covered by such payments; and (iii) Have been registered, with the State of Florida as a transient apartment or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010. For properties containing more than one apartment building, eligibility may apply to an individual building satisfying subsections (b)(1)(A)(i)-(iii) above. (B) For apartment and townhouse buildings of three or less units, or for three or less apartment units in one or more buildings under the same state license. In order to demonstrate current, consistent and predominant short-term renting, the property must: (i) Have been registered with the State of Florida as a resort dwelling or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 1 O, 2010. (2) Time periods for the districts identified in subsection (b)(1) to apply for short-term rental approvals. (A) Owners demonstrating compliance with subsection (b)(1) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111 (f), within a time period of six months from June 19, 2010, or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (B) Within three months of June 19, 2010, eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (C) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code shall be demonstrated by October 1, 2011, or rights to engage in short-term rental under this section shall be subject to restrictions and/or limitations as directed by the building official and/or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. (D) Applications under this section may be accepted until 60 days after April 11, 2012, upon determination to the planning director that a government licensing error prevented timely filing of the application. (3) Eligibility within the Collins Waterfront Local Historic District. Owners of property located in the Collins Waterfront Local Historic District shall be eligible to apply for approval of a certificate of use permitting short-term rental of apartment and townhome residential units under the requirements and provisions set forth below: (A) Only those properties located south of West 24th Terrace shall be eligible for short-term rentals. (B) Only buildings classified as "contributing" in the city's historic properties database shall be eligible for short-term rentals. The building and property shall be fully renovated and restored in accordance with the Secretary of the Interior Guidelines and Standards, as well as the certificate of appropriateness criteria in chapter 118, article X of these Land Development Regulations. 3 Page 587 of 878 (C) The property must have registered with the State of Florida as a transient or condominium pursuant to Chapter 509, Florida Statutes, as of the effective date of this ordinance. (D) The property must have registered with the city for the payment of resort tax and made resort tax payments as of as of the effective date of this ordinance. (E) ahert terrn rental use shall ee easeEl en a single use for the preperty. Ne euilEling er preperty seel(ing te have sher! term rentals will ee permitted te have rnixeEl resiElential uses. Residential Apartment units and townhomes, as defined in section 114-1, legally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of apartment units or townhomes. A property owner of an apartment building, townhome or condominium must provide written notification to those long-term tenants (prospective or current tenants with leases of six (6) months and one (1) day or longer), providing affirmative notice that short-term rentals are expressly permitted throughout the building or at the premises. (F) Any property seeking to have short-term rental will need to demonstrate that there is on-site management, 24 hours per day, seven days a week. (G) The short-term rental use requires at least a seven-night reservation. ( 4) Time period to apply for short-term rental approvals for those properties located in the Collins Waterfront Architectural District. (A) Owners demonstrating compliance with subsection (b)(3), above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111 (e) within a the time period of three rnenths frern the effective Elate ef this erElinance February 1, 2017 through July 31, 2017, or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (B) Within three rnenths ef the effective Elate ef the application time period of this ordinance, eligible owners shall have obtained all the necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (C) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code, shall be demonstrated by the effective date of this ordinance, or rights to engage in short-term rental under this section shall be subject to restrictions and/or limitations as directed by the building official and/or fire marshal. This subsection shall not prevent the building or fire departments from undertaking enforcement action prior to such date. (5) In the event a building approved for short-term rentals in accordance with subsections (b)(3) and (4), above, is demolished or destroyed, for any reason, the future use of any new or future building on that property shall not be permitted to engage in short-term rentals, nor apply for short-term rental approval. (c) Regulations. For those properties eligible for short-term rental use as per (b) shall be permitted, provided that the following mandatory requirements are followed: 4 Page 588 of 878 (1) Approvals required: applications. Owners, lessees, or any person with interest in the property seeking to engage in short-term rental, must obtain a certificate of use permitting short-term rental under this section. The application for approval to engage in short-term rentals shall be on a form provided for that purpose, and contain the contact information for the person identified in subsection (3) below, identify the minimum lease term for which short-term rental approval is being requested, and such other items of required information as the planning director may determine. The application shall be accompanied by the letter or documents described in subsection (9) below, if applicable. The application for a certificate of use permitting short-term rentals shall be accompanied by an application fee of $600.00. (2) Time period. All short-term rentals under this section must be pursuant to a binding written agreement, license or lease. Each such document shall contain, at a minimum: the beginning and ending dates of the lease term; and each lessee's contact information, as applicable. No unit may be rented more frequently than once every seven days. (3) Contact person. All rentals must be supervised by the owner, manager, or a local and licensed real estate broker or agent or other authorized agent licensed by the city, who must be available for contact on a 24-hour basis, seven days a week, and who must live on site or have a principal office or principal residence located within the districts identified in subsection (b). Each agreement, license, or lease, of scanned copy thereof, must be kept available throughout its lease term and for a period of one year thereafter, so that each such document and the information therein, is available to enforcement personnel. The name and phone number of a 24-hour contact shall be permanently posted on the exterior of the premises or structure or other accessible location, in a manner subject to the review and approval of the city manager or designee. (4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-1, legally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of apartment units or town homes. (5) Rules and procedures. The city manager or designee may adopt administrative rules and procedures, including, but not limited to, application and permit fees, to assist in the uniform enforcement of this section. (6) Signs. No signs advertising the property for short-term rental are permitted on the exterior of the property or in the abutting right-of-way, or visible from the abutting public right-of-way. (7) Effect of violations on Jicensure. Approvals shall be issued for a one-year period, but shall not be issued or renewed, if violations on three or more separate days at the unit, or at another unit in any building owned by the same owner or managed by the same person or entity, of this section, issued to the short-term rental licensee were adjudicated either by failure to appeal from a notice of violation or a special master's determination of a violation, within the 12 months preceding the date of filing of the application. (8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as required by city law. 5 Page 589 of 878 (9) Association rules. Where a condominium or other property owners' association has been created that includes the rental property, a letter from the association dated not more than 60 days before the filing of the application, stating the minimum rental period and the maximum number of rentals per year, as set forth under the association's governing documents, and confirming that short-term rentals as proposed by the owner's application under subsection (c)(1) above, are not prohibited by the association's governing documents, shall be submitted to the city as part of the application. (10) Variances. No variances may be granted from the requirements of this section. (d) Enforcement. (1) Violations of Subsection 142-1111 (a) shall be subject to the following fines. The special master shall not waive or reduce fines set forth herein. A. If the violation is the first violation: $20,000.00. B. If the violation is the second violation within the preceding 18 months: $40,000.00. C. If the violation is the third violation within the preceding 18 months: $60,000.00. D. If the violation is the fourth violation within the preceding 18 months: $80,000.00. E. If the violation is the fifth or greater violation within the preceding 18 months: $100,000.00, and the suspension or revocation of the certificate of use. Fines for repeat violations by the same offender shall increase regardless of locations. The Director of the Code Compliance Department must remit a letter to the Miami- Dade Property Appraiser and the Miami-Dade Tax Collector, with a copy of the Special Master Order adjudicating the violation, that notifies these governmental agencies that the single-family residential property was used for the transient rental or occupancy at the premises. (2) In addition to or in lieu of the foregoing, the city may seek an injunction by a court of competent jurisdiction to enforce compliance with or to prohibit the violation of this section. (3) Any code compliance officer may issue notices for violations of this section, with enforcement of subsection 142-1111 (a) and alternative enforcement of subsection 142- 1111 (b) as provided in chapter 30 of this Code. Violations shall be issued to the owner, manager, real estate broker or agent, or authorized agent, or any other individual or entity that participates in or facilitates the violation of this section. In the event the record owner of the property is not present when the violation occurred or notice of violation issued, a copy of the violation shall be served by certified mail on the owner at its mailing address in the property appraiser's records and a courtesy notice to the contact person identified in subsection (c)(3) above. (4) The advertising or advertisement for the transient rental, occupancy or short-term rental of the apartment or townhouse residential property for the purpose of allowing a rental for a period of Jess than six months and one day at the apartment or townhouse residential premises is direct evidence that there is a violation of Subsection 142- 1111 (a), which is admissible in any proceeding to enforce Subsection 142-1111 (a). The advertising or advertisement evidence raises rebuttable presumption that the residential property named in the Notice of Violation or any other report or as identified in the advertising or advertisement is direct evidence that the residential property was used in violation of Section 142-1111 (a). 6 Page 590 of 878 (5) Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in Subsection 142-1111(d), above, for violations of Subsection 142-1111 (a): A Enhanced Penalties for violation of Subsection 142-1111 (a): 1. The transient rental or occupancy must be immediately terminated, upon confirmation that a violation has occurred, by the Miami Beach Police Department and the Code Compliance Department. 2. If the offense is a second offense within the preceding eighteen (18) month period of time, and the total square footage of all building(s), accessory building(s), dwelling(s), or structure(s) exceed 5,000 square feet, then the Special Master must impose an additional fine of $25,000.00. 3. A certified copy of an order imposing the civil fines and penalties must be recorded in the public records, and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. The certified copy of an order must be immediately recorded in the public records, and the City may foreclose or otherwise execute upon the lien. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If 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. 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 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. 7 Page 591 of 878 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2017. PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK Verified By: First Reading: Thomas R. Mooney, AICP Planning Director Second Reading: February 8, 2017 March 1, 2017 (Sponsored by Commissioner John Elizabeth Aleman) Underline denotes new language Strikethrough denotes removed language T:\AGENDA\2017\2 -February\P!annlng\Colllns Waterfront STR-First Reading ORD.docx 8 APPROVED AS TO FORM & LANGUAGE ~ & F~ EXECUTION ~l l!i'.h 1./ 1~ J1 -17 City AttorneYjj.{-p Dote . . Page 592 of 878 NEIGHBORS 151RS3AY LUMPY 36 IOU WAMHERAIO.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING ELIGIBILITY REQUIREMENTS FOR SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT February 8, 2017 NOTICE 15 HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, In the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February S , 2017' at 5:02 p.m or as soon thereafter as the (natter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES'; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REOLLAT1ONS," BY AMENDING SECTION 142- 1111(b)(3), ENTITLED "ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT," WHICH WILL MODIFY THE ELIGIBILITY REQUIREMENTS AND PROVISIONS FOR PROPERTY OWNERS; BY AMENDING SECTION 142- 1111(b)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TO W N HOMES," BY ESTABLISHING A NE W T I ME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT -TERM RENTAL OF APARTMENT AND TOWN HOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -154 of the City's Land Development Coda Inquiries may be directed to the Planning Department at 305,673,7550, INTERESTED PARTIES are Invited to appear at 1h15 meeting. or be represented by an agent, or to express their views In willing addressed to the City Commission, c/o the Clty Clerk, 1700 Convention Center Drive, 1' Floor, City Hall, Miami Beach, Florida 33139. This Item Is available /or publlc Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This Item may bo 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 tl a person decides to appeal any decision made by the Clty Commission with respect to any matter considered al its meeting or its hearing, such person must ensure that a verbatim record or the proceedings 15 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 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 (five -day notice required), Information on access for persons with dlsabllhles, 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 Relay Service). Members 01 the public may present audio/visual (AV) materials relating to Agenda nuns at Clty Commission meetings held in the Commission Chamber by utilizing the City's AV equipment, provided that materials are submitted to the Deparmtent a1 Marketing and Communications by 8:30 A.M., one (1) business day prior to lie meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be subnttled via email at ComRnunlCallons ''9mlannlbaaChll.aov or hand delivered in a jump drive, CD or DVD lo; 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 /lice of the presentation and Agenda Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pol, .ppt, .pptx, .pps, .ppsx, .wrnv, .avl and .tnov. (Note that .pd1 le the preferred formal for PowerPolnt presentations.) Ad 1264 Rafael E. Granath), City Clerk City el Miami Beach Page 593 of 878 Ordinances - R5 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 5:03 p.m. First Reading Public Hearing SUBJECT:LI NCOLN ROAD PROHIBITED USE AMENDMENT: AN ORDI NANCE OF THE CITY OF MIAMI BEACH, FLORI DA, AMENDING CHAPTER 114 OF THE CI TY CODE, ENTITLED “GENERAL PROVISI ONS,” TO PROVI DE FOR DEFINI TI ONS FOR “CHECK CASHING STORE,” “CONVENIENCE STORE,” “OCCULT SCI ENCE ESTABLI SHMENT,” “PHARMACY STORES,” “SOUVENI R AND T-SHIRT SHOP,” “TATTOO STUDI O,” AND RELATED DEFI NITIONS; AMENDI NG CHAPTER 142, “ZONING DISTRI CTS AND REGULATIONS,” ARTICLE I I , “DISTRI CT REGULATIONS,” AT DIVI SION 6, “CD- 3 COMMERCI AL, HIGH INTENSITY DISTRICT,” SECTION 142-335, “PROHIBI TED USES”; TO CREATE CERTAIN PROHI BITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVI DI NG FOR CODI FI CATI ON; REPEALER; SEVERABILI TY; AND AN EFFECTI VE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On November 9, 2016, at the request of Commissioner Michael Grieco, the City Commission referred the proposed Ordinance to the Land Use and Development Committee and the Planning Board (Item C4 B). On November 16, 2016, the Land Use and Development Committee discussed the Ordinance and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. PLANNING ANALYSIS Lincoln Road is the City’s premier shopping district, located within the Flamingo Park Local Historic District and National Register Architectural District. T he Lincoln Road corridor has historically been composed of low intensity retail, service and retail establishments, which primarily serve City residents. The City recently adopted the new Lincoln Road Master Plan, and in order to ensure compliance with the Master Plan and ensure the integrity of Lincoln Road the proposed Ordinance amends the list of permitted uses to preclude certain uses from the area. The list of prohibited uses includes check cashing stores, convenience stores, pharmacies, souvenir and t-shirt shops, tattoo studios, and fortune tellers (occult science establishments). Such uses can negatively impact the Page 594 of 878 character and integrity of this premier shopping district, and threaten its long term viability and integrity. As proposed, the ordinance adds the following definitions: Check cashing store means a busi ness whi ch cashes checks on a regul ar basi s for a fee. Thi s defi nition does not i ncl ude banks, whi ch may cash checks i n addi ti on to provi di ng other fi nanci al servi ces such as, but not li mi ted to, money savi ngs accounts, loan servi ces, and checki ng accounts. Convenience store means a retail store wi th di rect access from the street or si dewal k contai ni ng l ess than 6,000 square feet of fl oor area that i s desi gned and stocked to sel l primari l y food (packaged and/or prepared), beverages, newspapers, magazi nes, and other househol d suppl ies to customers who generall y purchase a rel ati vel y few number of i tems (in contrast to a "grocery store" or “super market”). It i s desi gned to attract and depends upon a l arge turnover of customers. Occult science establishment shall mean an establ ishment engaged i n the occupation of a fortune tel ler, palmi st, astrologi st, numerologi st, cl airvoyant, craniol ogist, phrenologi st, card reader, spi ritual reader, tea l eaf reader, prophet, psychic or advi sor or who i n any other manner cl ai ms or pretends to tel l fortunes, or clai ms or pretends to discl ose mental facul ti es of i ndi vi dual s for any form of compensati on. Nothing contai ned herei n shal l be construed to apply to a person pretendi ng to act as a fortune tel l er i n a properl y li censed theater as part of any show or exhi bition presented therein or as part of any pl ay, exhi bi ti on, fai r or show presented or offered in aide of any benevolent, chari tabl e or educati onal purpose. Pharmacy store means a store wi th di rect access from the street or si dewal k, containi ng a mi nimum of 3,500 square feet, where medi ci nal drugs requi ring a prescri ption from a quali fi ed medi cal professional are di spensed and sol d and is al so designed and stocked to sel l heal th and wel lness products, food (packaged and/or prepared), beverages, newspapers, magazines, and other househol d suppli es to customers who general l y purchase rel atively few number of i tems (i n contrast to a "grocery store" or “super market”). Souvenirs are i tems, exclusi ve of books, magazi nes or maps, whi ch serve as a token of remembrance of Miami Beach or any geographi c areas i n Fl orida and which bear the name of the City or geographic areas or streets thereof or of events associ ated with Mi ami Beach or South Fl ori da. Souvenir and t-shirt shop means any business with direct access from the street or si dewal k in whi ch the retai l sal e of T-shirts or souveni rs or both is conducted as a pri nci pal use of the busi ness, or together wi th some other business acti vi ty, but whi ch constitutes the primary, or i s the major attracti on to the busi ness. Tattoo studio means any establ i shment, place of business, or l ocation, other than a li censed medical faci l i ty, an offi ce or cl i ni c of a li censed medical professi onal, or a dul y li censed beauty shop or barber shop, wherein adornment of any part of the human body or head, whether arti stic, cosmeti c or otherwise, i s practi ced through the use of needles, scalpel s, or any other instruments designed to touch, penetrate or puncture the ski n for Page 595 of 878 purposes of: (1) i nserting, attachi ng or suspendi ng jewelry, decorations or other forei gn objects; (2) produci ng an indel ibl e mark or fi gure on the human body or face by scarri ng ski n or flesh; (3) produci ng an indel ibl e mark or fi gure on the human body or face by i nserti ng a pigment under or upon the ski n; or (4) permanentl y changi ng the color or other appearance of the skin. Thi s term shal l not, however, i ncl ude piercing an ear wi th a di sposabl e, si ngl e- use stud or sol i d needl e that i s appl i ed usi ng a mechanical devi ce to force the needl e or stud through the ear. T-shirt i s any garment or article of clothing which has no col lar, i ncl uding, but not l i mited to, T-shirts, sweat shi rts, tank tops, shi rts or scrub shi rts, whi ch are designed or i ntended general l y to be worn on or over the chest and containi ng any communi cati ve verbi age, graphi cs, or i mages i mpri nted or to be impri nted on the garment or arti cl e of cl othi ng, exclusi ve of a garment manufacturer's mark or l ogo, excl usi ve of decorati ve words and informati on woven or dyed i n the fabric by the manufacturer of the fabri c, excl usi ve of hand stitched, needl e work or embroidery, excl usi ve of tie-dye garments, and excl usi ve of hand painted or ai r-brushed garments that contai n no communi cati ve verbiage, graphics or images. Currently, the prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except as otherwise permitted in Article IV, Division 2. Under the proposed Ordinance, for properties with a lot line on Lincoln Road between Alton Road and Collins Avenue the prohibited uses would be expanded to include the following uses (as more specifically defined above): check cashing stores, convenience stores, occult science establishments, pharmacy stores, souvenir and t-shirt shops, and tattoo studios. PLANNING BOARD REV IEW On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning Sponsor Commissioner Michael Grieco ATTACHMENTS: Description Form Approved Ordinance Page 596 of 878 Ad Page 597 of 878 Lincoln Road Prohibited Use Amendment ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T-SHIRT SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-335, "PROHIBITED USES"; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, properties fronting Lincoln Road between Collins Avenue and Alton Road, are within the Commercial High Intensity, CD-3, District, are located in the Flamingo Park Historic District; and WHEREAS, Lincoln Road is the City's iconic shopping area; and WHEREAS, the Lincoln Road corridor has historically been composed of low intensity retail, service and retail establishments, which primarily serve City residents; and WHEREAS, properties fronting Lincoln Road that have a zoning designation of CD-3 Commercial Medium Intensity District, are located in the Flamingo Park LOCAL Historic District and the National Register Architectural District; and WHEREAS, Lincoln Road is a premier street in Miami Beach and provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, the City recently adopted the new Lincoln Road Master Plan, and in order to ensure compliance with the Master Plan and ensure the integrity of Lincoln Road the City Commission recommends revising the list of permitted uses to preclude certain uses from the area; and WHEREAS, check cashing stores, convenience stores, pharmacies, souvenir and !-shirt shops, tattoo studios, and fortune tellers (occult science establishments) are uses which negatively affect surrounding areas; and WHEREAS, it is the intent of the City to limit the number of establishment which may negatively affect surrounding areas; and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified herein. Page 598 of 878 I WHEREAS, the City Commission desires to define certain of the uses within chapter 114, of the Land Development Regulations; 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 114 of the City Code, entitled "General Provisions," is hereby amended as follows: Sec. 114-1. Definitions. CHAPTER 114 GENERAL PROVISIONS 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 different meaning: * * * Check cashing store means a business which cashes checks on a regular basis for a fee. This definition does not include banks, which mav cash checks in addition to providing other financial services such as, but not limited to, money savings accounts, loan services, and checking accounts. * * * Convenience store means a retail store with direct access from the street or sidewalk containing Jess than 6,000 square feet of floor area that is designed and stocked to sell primarily food (packaged and/or prepared), beverages, newspapers, magazines, and other household supplies to customers who generally purchase a relatively few number of items (in contrast to a "grocery store" or "super market"). It is designed to attract and depends upon a large turnover of customers. * * * Occult science establishment shall mean an establishment engaged in the occupation of a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties of individuals for any form of compensation. Nothing contained herein shall be construed to apply to a person pretending to act as a fortune teller in a properly licensed theater as part of any show or exhibition presented therein or as part of any play, exhibition, fair or show presented or offered in aide of any benevolent, charitable or educational purpose. * * * Page 599 of 878 I Pharmacy store means a store with direct access from the street or sidewalk. containing a minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a qualified medical professional are dispensed and sold and is also designed and stocked to sell health and wellness products. food (packaged and/or prepared), beverages. newspapers. magazines, and other household supplies to customers who generally purchase relatively few number of items (in contrast to a "grocery store" or "super market"). * * * Souvenirs are items, exclusive of books. magazines or maps, which serve as a token of remembrance of Miami Beach or any geographic areas in Florida and which bear the name of the City or geographic areas or streets thereof or of events associated with Miami Beach or South Florida. * * * Souvenir and I-shirt shop means any business with direct access from the street or sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal use of the business. or together with some other business activity, but which constitutes the primary. or is the major attraction to the business. * * * Tattoo studio means any establishment, place of business, or location, other than a licensed medical facility, an office or clinic of a licensed medical professional, or a duly licensed beauty shop or barber shop, wherein adornment of any part of the human body or head, whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting, attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4) permanently changing the color or other appearance of the skin. This term shall not. however, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. * * * T-shirt is any garment or article of clothing which has no collar, including, but not limited to, T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended generally to be worn on or over the chest and containing any communicative verbiage, graphics, or images imprinted or to be imprinted on the garment or article of clothing. exclusive of a garment manufacturer's mark or logo, exclusive of decorative words and information woven or dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or embroidery, exclusive of tie-dye garments, and exclusive of hand painted or air-brushed garments that contain no communicative verbiage, graphics or images. ·-·-_ -.. --"' <:<;! Page 600 of 878 SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 6, "CD-3, Commercial, High Intensity District," is hereby amended as follows: DIVISION 6. -CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT * * * Sec. 142-335. -Prohibited uses. The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except as provided in Article IV, Division 2 of this Chapter and in Chapter 6. For properties with a lot line on Lincoln Road between Alton Road and Collins Avenue the following uses are prohibited: check cashing stores, convenience stores, occult science establishments, pharmacy stores, souvenir and t-shirt shops, and tattoo studios. * * * SECTION 3. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 4. 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. SECTION 5. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Page 601 of 878 II""" I SECTION 6. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ________ , 2017. ATTEST: Rafael E. Granado City Clerk First Reading: February 8, 2017 Second Reading: March 1, 2017 Verified by: __________ _ Thomas R. Mooney, AICP Planning Director Philip Levine Mayor APPROVED AS TO FORM AND LANGUAGE ~ ~ \ & FOR EXECUTION -*'°"" \ ~ )-I-I~ -cf,'] City orn~. Date T:\A.GENDA\2017\2-February\Pfannlng\Llncoln Road Regu!ations -First Readlng ORD.docx Page 602 of 878 THURSDAY UMW1126 111 wuuIEkALD WAI NEIGITBORS 17NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING CODE PERTAINING TO LINCOLN ROAD PROHIBITED USE REGULATIONS February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 5:03 p.m. or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE ESTABLISHMENT," PHARMACY STORES," "SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142 -335, "PROHIBITED USES "; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD: PROVIDING FOR CODIFICATION; REPEALER: SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being (heard pursuant to Section 116 -164 of the Citys Land Development Code; Section 2.05 oftthe City Charier and §166.041 FS. Inquiries may be directed to the Planning Department at 305.673.7550. 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" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1. Floor, City Hall. Miami Beach, Florida 33139. This item may be continued, and under such circumstances. additional legal notice need not be provided. Pursuant to Section 2810105, 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 constitute consent by the City for 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 (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 305.604.2480 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at con1munications @miamibeachfl.gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .ppb. .pps, .ppsx, .wmv, .avt and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1265 Rafael E. Granada, City Clerk City of Miami Beach Page 603 of 878 Ordinance s - R5 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 5:04 p.m. First Reading Public Hearing SUBJECT:OCEAN DRI VE ACCESSORY RETAI L MODIFICATIONS: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRI CT REGULATIONS,” DI VISI ON 13, “MXE - MIXED USE ENTERTAI NMENT DISTRICT,” BY AMENDI NG SECTION 142-546 THEREOF, ENTITLED “ADDITI ONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE,” TO MODIFY REGULATIONS PERTAI NING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND BY AMENDING CHAPTER 142, “ZONING DI STRICTS AND REGULATIONS,” ARTICLE IV, "SUPPLEMENTARY DI STRICT REGULATIONS," DIVI SION 2, "ACCESSORY USES," BY AMENDI NG SECTION 142-904 THEREOF, ENTITLED "ADDITIONAL MI XED USE ENTERTAI NMENT DI STRICT REGULATIONS" TO MODIFY REGULATI ONS PERTAI NING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVI SI ON; PROVIDING FOR REPEALER, SEVERABI LITY, CODI FI CATION, AND AN EFFECTI VE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On November 9, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred this item to the Land Use and Development Committee and the Planning Board (Item C4M). On December 12, 2016, the Land Use and Development Committee discussed the Ordinance and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. PLANNING ANALYSIS Within the MXE, Mixed-Use Entertainment zoning districts, the main permitted uses are apartments; apartment-hotels; hotels; commercial development as specified in section 142-546, and religious institutions with an occupancy of 199 persons or less. Page 604 of 878 Section 142-546 of the City Code provides for the following additional restrictions for lots fronting on Ocean Drive, Ocean Terrace and Collins Avenue: · Existing Buildings with 2-stories or less fronting Ocean Drive or Ocean Terraces may have offices, retail, food service establishments, alcoholic beverage establishments, and residential uses or any combination thereof. · Buildings with more than 2-stories may only contain the main permitted uses listed of apartments; apartment-hotels; or hotels. Section 142-904 outlines additional requirements for accessory uses within MXE districts for these uses. T hese development regulations were created in order to ensure the retention and preservation of the historic buildings and predominant historic uses of apartments, apartment-hotels, and hotels within these areas. Section 142-904, pertaining to allowable accessory uses, contains the following provisions specific to the MXE district: (b ) Permi tted accessory uses. The following are permitted accessory uses in the mixed use entertainment district. (1) Permi tted accessory uses in hotel s. a. T hose accessory uses that are customarily associated with the operation of a hotel as determined by the planning and zoning director. T he amount of retail space shall not exceed 75 square feet per hotel unit. b. Hotels may have offices not associated with the operation of a hotel. T he floor space associated with offices shall not exceed 35 square feet per hotel unit; medical or dental related offices are prohibited. c. Restaurants, outdoor cafes, sidewalk cafes. d. Solarium, sauna, exercise studio, health club or massage service which are located in either the subterranean, ground, mezzanine or roof levels only and are operated by an individual licensed by the state or other appropriate agencies. e. Antiques, bookstore, art/craft galleries, artist studios. f. Sale of alcoholic beverages as per article V, division 4 of this chapter. g. Uses located on the porch, terrace or patio of a building are limited to table seating for eating and drinking establishments, which have their fixtures and cooking facilities located in the interior of the building, and the sale of flowers when conducted from a movable stand that is placed inside the building at the close of business. * * * (2 ) Permi tted accessory uses i n apartment bui ldi ngs. T he following are permitted accessory uses in apartment buildings: a. Apartment buildings may have commercial, office, eating or drinking uses, with access to the street, on the ground floor and subterranean level or in the highest floor of a building; however, no more than 25 percent of the floor area of the subterranean or ground floor shall be used for commercial uses. Office space, when located on the ground floor, shall be located at least 50 feet from the front property line. b. Restaurants, outdoor cafes, sidewalk cafes with sale of alcoholic beverages as per article V, division 4 of this chapter. c. Solarium, sauna, exercise studio, health club or massage service by an individual licensed by the state or other appropriate agencies. (3 ) Permi tted accessory uses in apartment hotels. Apartment hotels may have the same Page 605 of 878 accessory use regulations as hotels if a minimum of 75 percent of the total number of units are hotel units. (c ) Addi ti onal requi rements. In addition to the regulations and accessory uses listed in subsections (a) and (b) of this section, structures located in the below areas shall comply with the following: (1) Permitted accessory uses for properties on Collins Avenue from Sixth to 15th Streets and on the west side of Collins Avenue from 15th to 16th Streets and Ocean Terrace include the above accessory uses but must comply with the following requirements: a. Offices that are medical or dental related are prohibited. b. Offices are only allowed in existing structures, otherwise, they are prohibited. c. If a lobby is present or was originally constructed it shall be retained or reinstated. Such lobby may be used for a reception area with no partitions; however, offices are not permitted in the lobby. d. Commercial uses, apartments, or hotel units either as a main permitted use or in any combination. (2) Permitted accessory uses for properties that front on Ocean Terrace: a. Commercial uses. b. Offices. If the office space is located on the ground floor shall be 50 feet from any front property line facing a street and be consistent with subsections (c)(1)a and (c)(1)b of this section. c. At least 50 percent of the total floor area shall be used as hotel or apartment, the floor area for hotel or apartment units shall meet the minimum area requirements established for the zoning district. The City Code provisions above have specific size limitations in order to ensure that the primary use is retained and not overcome by accessory uses that would detract from the character of the historic neighborhoods. However, as currently written, variances from these limitations can be sought. This ordinance adds a no variance provision to Section 142-904 in order to ensure that accessory uses do not overwhelm the main permitted uses in the MXE districts. PLANNING BOARD REV IEW On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola Page 606 of 878 ATTACHMENTS: Description Form Approved Ordinance Ad Page 607 of 878 [ Ocean Drive -Accessory Retail Modifications ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546 THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904 THEREOF, ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DA TE. WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; and WHEREAS, Ocean Drive and Collins Avenue are some of the premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, properties fronting Ocean Terrace are within the Harding Townsite Historic District and the North Shore National Register Historic District; and WHEREAS, the City of Miami Beach has undertaken a master planning process for the North Beach area that includes the Harding Townsite Historic District and North Shore National Register District, in order to encourage the revitalization of the area by improving cultural, retail, and dining experiences for residents and visitors to the area; and WHEREAS, these areas have many contributing structures utilized as hotels and restaurants associated with those hotel uses; and WHEREAS, allowing an accessory use to "overcome" or "daunt" the hotel and restaurant uses would impede tourism and detract from the iconic tourist experience; and WHEREAS, the City desires to limit retail uses on Ocean Drive, Collins Avenue, and Ocean Terrace; and Page 608 of 878 r~.· .. ·'··· r I 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 II, "District Regulations," Division 13, "MXE Mixed Use Entertainment District," Is amended as follows: Sec. 142-546. -Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace and Collins Avenue. In the MXE mixed use entertainment district permitted uses in existing buildings at the time of adoption of this section with two stories or less fronting on Ocean Drive or Ocean Terrace and any building fronting on Collins Avenue from Sixth Street to 16th Street shall comply with the following: * * * (5) For existing buildings with two stories or less fronting on Ocean Drive or Ocean Terrace, the addition of a story shall require that commercial uses comply with all provisions of section 142-904 for accessory uses~, i;nless a variance frnm the provisions of section 142 904 is granted. For purposes of example only, in buildings described in the foregoing sentence, the existence of commercial uses on the ground floor which exceed 25 percent of the floor area shall not, upon the addition of one story, be deemed grandfathered in, and the percentage of commercial uses on the ground floor, upon the addition of one story, must comply with the requirements of section 142-904~, except if a variance is granted. (6) No variances shall be granted from the requirements of this section 142-546, except as specified in subsections 142-546(2L and 142 546(5). SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 2, "Accessory Uses," Is amended as follows: Sec. 142-904. -Additional mixed use entertainment district regulations. (a) General provisions. Accessory uses shall comply with the following mandatory criteria in addition to the regulations contained in sections_142-901 and 142-902: * * * (b) Permitted accessory uses. The following are permitted accessory uses in the mixed use entertainment district. * * * (d) No variances shall be granted from the requirements of this section 142-904. 2 of2 Page 609 of 878 SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 4. 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 re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2017. ATTEST: Rafael E. Granado City Clerk First Reading: February 8, 2017 Second Reading: March 1, 2017 Verified By: Thomas R. Mooney, AICP Planning Director Philip Levine Mayor APPROVED AS TO FORM & LANGUAGE ~ & FOR J1EC(UTION ct><. iJI \ C ~~ · r-l 1 ~ \ ~ Dote T:\AGENDA\2017\2-February\P!annlng\Ocean Drive Accessory Retall Modifications -First Reading ORD.docx 3 of 3 Page 610 of 878 I .IR;flLi' JANUARY 28 'rdri MIA11IHR51.7.0716 NEIGITBORS 117N[ MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, Ord Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 5:04 p.m. or as soon thereafter as the matter can be heard, to consider. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHECITYOF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142 -546 THEREOF, ENTITLED `ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE ANDCOLLINS AVENUE," TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND RV AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142 -904 THEREOF, ENTITLED ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -184 of the City's Land Development Code, inquiries may be directed to the Planning Department at 305,673.7550, INTERESTED PARTIES are invited to appear at this meeting, or he represented by art agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive. 1s' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1x Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 305.6042489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (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 that materials are submitted to the Department of Marketing and Communications by 8:30 A.M., one 111 business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communications ©miamibeachll boy' or hand delivered in a jump drive, CD or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue, Filth 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 Item Title as well as the Agenda Item number. Acceptable formats tor electronic submission are .pdf, .ppt, .pplx, ppe, .ppsx, .wrnv, .avi and .rnay. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1266 Rafael E. Granado, City Clerk City of Miami Beach Page 611 of 878 Ordinance s - R5 L COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 First Reading SUBJECT:CD-2 HEIGHT AND EXISTI NG NONCONFORMI NG BUI LDINGS: AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATI ONS O F T HE C I T Y CODE, B Y AMENDI NG CHAPTER 142, "ZONING DISTRI CTS AND REGULATIONS," ARTI CLE II, "DISTRI CT REGULATIONS", DIVI SION 5, "CD-2, COMMERCIAL, MEDI UM-I NTENSITY DISTRI CT," SECTION 1 4 2 -3 0 6 , "DEVELOPMENT REGULATIONS," BY AMENDING THE MAXIMUM PERMI TTED HEIGHT AND NUMBER OF STORIES FOR SI TES WITH EXISTING NONCONFORMI NG BUILDINGS; PROVIDING FOR CODI FI CATI ON; REPEALER; SEVERABILI TY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission consider the Ordinance at First Reading and, if approved, set a Second Reading Public Hearing for March 1, 2017. ANALY SIS BACKGROUND On October 19, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed Ordinance to the Land Use and Development Committee and Planning Board (Item C4L). On October 26, 2016, the Land Use and Development Committee discussed the item and transmitted it to the City Commission with no recommendation. PLANNING ANALYSIS The proposed ordinance provides that CD-2 zoned sites outside of historic districts that contain existing buildings with nonconforming height and/or number of stories as of January 1, 2017 may be redeveloped with new construction at the same height and/or number of stories as the existing nonconforming building. The proposal does not allow any new construction to exceed current FAR limitations. Currently, the CD-2 district has a height limit 5 stories and 50 feet, or 60 feet on the west side of Alton Road from 6th Street to Collins Canal for mixed-use and commercial buildings that include structured parking. An analysis of existing building heights on CD-2 zoned sites that are not in historic districts, per data from the Property Appraiser, indicates that there is only one site containing a building that Page 612 of 878 exceeds the current maximum number of stories. This analysis does not consider the actual height of buildings and the current height limit that is between 50 and 60 feet for the affected areas; however, it provides a good indicator of where non-conforming height exists. T he site identified is that of the former South Shore Hospital (600 Alton Road), located on Alton Road and 6th Street, which is ten (10) stories, and approximately 125 feet. The proposed Ordinance would not increase maximum FAR, and would only permit a redistribution of allowable FAR. As originally drafted, by the owner of 600 Alton Road, Planning staff had concerns that the additional height could be located anywhere within the parcel, or a future unified development site. Additionally, as originally drafted, there were no limits on the building footprint, thus potentially allowing the mass of a new building to be greater than the mass of the existing nonconforming building. T his could potentially allow the replacement building to be located in an area of the site that blocks views or cast shadows on adjacent property owners beyond the currently permitted levels. As part of the Planning Board review of the proposed Ordinance, additional safeguards were recommended for the ordinance, in order to minimize the impact on adjacent properties. In order to address the concerns expressed by Planning staff, the owner of the parcel at 600 Alton Road proposed the following revised text at the Planning Board hearing: Subject to the revi ew and approval of the planni ng board, si tes outsi de of hi stori c di stricts greater than 50,000 square feet i n area that are developed wi th a si ngl e buil ding existi ng as of January 1, 2017 that i s nonconformi ng as to hei ght and/or number of stori es of the exi sti ng bui ldi ng, may be redeveloped with a si ngl e bui l di ng at the same hei ght and/or number of stori es as l ong as: (1) the footpri nt of the new bui l di ng does not exceed two and one quarter (2.25) times the footpri nt of the existi ng bui l di ng; and (2) the redevelopment of the si te does not exceed the maxi mum fl oor area ratio permi tted under these regulations. This text would place a physical limit on the footprint of any new building that may be eligible for a building height in excess of 60 feet. T he specific limit is 2.25 times the footprint of the existing building that already exceeds the maximum building height. PLANNING BOARD REV IEW On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. The ordinance transmitted by the Planning Board includes the following revisions, which were proposed by the property owner at 600 Alton Road: 1. A physical limit (2.25 times the footprint of the existing building) on the footprint of any new building, as noted above; and 2. A requirement for the Planning Board to review and approve the proposed increase in height above the maximum permitted in the underlying zoning district. These revisions are included in the attached draft for First Reading. SUMMARY The footprint limits proposed by the Planning Board will play an important role in ensuring that any future development project does not negatively impact the surrounding area. In this regard, however, Page 613 of 878 it will be critical for the Design Review Board (DRB) to carefully review any future application, particularly as it pertains to the distribution of allowable scale, mass and height. In order to ensure that the footprint limit applies only to that portion of the building exceeding 60 feet in height, and that that Planning Board review is pursuant to the Conditional Use requirements in the code, the following minor modifications (in bold strike-thru and double unde rscore ) are suggested if the ordinance should move forward: Subject to the rev ie w and conditional use approval of from the planning board, sites outside of historic districts greater than 50,000 square feet in area that are developed with a single building existing as of January 1, 2017 that is nonconforming as to height and/or number of stories of the existing building, may be redeveloped with a single building at the same height and/or number of stories as long as: (1) the footprint of the portion of the new building e xce eding 60 fe e t in he ight does not exceed two and one quarter (2.25) times the footprint of the existing building; and (2) the redevelopment of the site does not exceed the maximum floor area ratio permitted under these regulations. CONCLUSION The Administration recommends that the City Commission consider the Ordinance at First Reading and, if approved, set a Second Reading Public Hearing for March 1, 2017. It is further recommended that if the Ordinance is set for Second Reading, it include the following modification (in bold double underscore ): Subject to the rev ie w and conditional use approval of from the planning board, sites outside of historic districts greater than 50,000 square feet in area that are developed with a single building existing as of January 1, 2017 that is nonconforming as to height and/or number of stories of the existing building, may be redeveloped with a single building at the same height and/or number of stories as long as: (1) the footprint of the portion of the new building e xce eding 60 fe e t in he ight does not exceed two and one quarter (2.25) times the footprint of the existing building; and (2) the redevelopment of the site does not exceed the maximum floor area ratio permitted under these regulations. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description Form Approved Ordinance Page 614 of 878 CD-2 HEIGHT AND EXISTING NONCONFORMING BUILDINGS ORDINANCE NO~. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT REGULATIONS," BY AMENDING THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach recognizes the unique issues created by the difficultly of renovating nonconforming commercial buildings outside of the City's historic district and sites; WHEREAS, while nonconforming buildings may be prohibitively expensive to renovate, they often are developed at heights exceeding current code requirements, making their replacement often economically impossible; WHEREAS, the City Commission seeks to encourage the redevelopment of sites with nonconforming buildings outside of historic districts by permitting property owners to retain existing nonconforming heights in new construction; and WHEREAS the Planning Board, at its meeting dated December 20, 2017 by a vote of 7 -0 recommended in favor of the Ordinance; 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 II, "District Regulations", Division 5, "CD-2, Commercial, Medium-Intensity District," Section 142-306, "Development Regulations," is hereby amended as follows: * * * Sec. 142-306. -Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: ······-~---·-··---· -------"' ---------- Maxi mu Minimum Minimum Minimum Average Maximum Maxi mu m Floor Lot Area Lot Width Apartment Apartment Building m Area (Square (Feet) Unit Size Unit Size Height Number (Square of 1 ofl Page 615 of 878 ---- Ratio Feet) Feet) (Square Feet) (Feet) Stories 1.5 Commerci Commerci Commercial Commercial 50 (except as 5 (except al-None al-None -NIA -NIA provided as Residenti Residential New New in_ section provided al-7,000 -50 construction construction 142-1161). in_section -550 -800 Self-storage 142-1161) Rehabilitate Rehabilitated warehouse -Self- d buildings-40 feet, storage buildings-550 except that warehous 400 Non-elderly the building e:4 Non-elderly and elderly height shall and elderly low and be limited to low and moderate 25 feet within moderate income 50 feet from income housing: the rear housing: See section property line See section 142-1183 for lots 142-1183 Hotel units-abutting an Hotel unit: NIA alley; and 15%: within 60 feet 300-335 from a 85%: 335+ residential For district for contributing blocks with hotel no alley; structures, Mixed-Use located Buildings that within a include local structured historic parking for district or a properties national located on register the west side district, of Alton Road which are from 61h being Street to renovated Collins Canal in -60 feet. accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitati 2 of2 Page 616 of 878 ,..---~---------------------·-·--------. , __ --------------·-----·--... . ----- on of Historic Structures as amended, retaining the existing room configuratio n shall be permitted, provided all rooms are a minimum of 200 square feet. Additionally, existing room configuratio ns for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained. Notwithstanding the above regulations, the maximum floor area ratio (FAR) for self-storage warehouses shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-307(d)(2) shall not apply to self-storage warehouse development. Subject to the review and approval of the planning board, sites outside of historic districts greater than 50,000 square feet in area that are developed with a single building existing as of Januarv 1, 2017 that is nonconforming as to height and/or number of stories of the existing building, may be redeveloped with a single building at the same height and/or 3 of 3 Page 617 of 878 number of stories as long as: (1) the footprint of the new building does not exceed two and one quarter (2.25) times the footprint of the existing building; and (2) the redevelopment of the site does not exceed the maximum floor area ratio permitted under these regulations. SECTION 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. 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 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. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado City Clerk First Reading: February 8, 2017 Second Reading: March 1, 2017 Verified by: __________ _ Thomas R. Mooney, AICP Planning Director Philip Levine Mayor APPROVED AS TO FORM AND LANGUAGE Q & FOR EXECUTION ~£ L2b'·, l-1-f'\ -l l City Attorney Date cfitiV T:\AGENDA\201712-February\Planning\CD-2 Building Heights-First Reading ORD FA.docx 4of4 Page 618 of 878 Ordinance s - R5 M COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 82 OF THE CODE OF THE CITY OF MI AMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTI CLE I V, "USES I N PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVI SION 5, "SIDEWALK CAFES," BY AMENDI NG SUBDIVI SION II, "PERMI T," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," TO REQUIRE APPLICANTS AND PERMI TTEES FOR SIDEWALK CAFES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUBMI T AN AFFIDAVI T OF SATISFACTORY COMPLETI ON OF A HOSPITALITY TRAI NING PROGRAM THAT HAS BEEN PREVI OUSLY APPROVED BY THE CI TY MANAGER; AND PROVI DI NG FOR REPEALER, CODI FI CATION, SEVERABILI TY, AND AN EFFECTIVE DATE. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Ricky Arriola Page 619 of 878 Ordinance s - R5 N COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 First Reading SUBJECT:AN ORDINANCE OF THE MAYOR AND CI TY COMMISSI ON OF THE CI TY OF MIAMI BEACH, FLORI DA, AMENDI NG MI AMI BEACH CI TY CODE CHAPTER 38 ENTI TLED "ELECTI ONS": SECTION 38-3 REGARDING NOTI CE OF RESOLUTION, CALLING ELECTI ONS AND POLLING PLACES; SECTION 38-4 CLARI FYI NG APPLICABILITY OF CODE PROVI SIONS GOVERNING I NSTALLATI ON OF OFFICERS TO SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS; SECTION 38-7 REGARDING I NITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMI NG CONDITIONS FOR DISQUALI FI CATI ON OF PETI TI ONS/SIGNATURES, REQUIRING CERTAIN ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFI RMING ELECTOR WHO SIGNS PETI TION PROHIBITED FROM W I TNESSING HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND CREATI NG SECTION 38-8 "CANVASSI NG BOARD"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTI VE DATE. ANALY SIS See Memorandum attached. Legislative Tracking Of f ice of the City Attorney / Of f ice of the City Clerk Sponsor Vice-Mayor Joy Malakof f ATTACHMENTS: Description Memorandum & Ordinance Page 620 of 878 MIAMI BEACH OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORAjES RAUL J. AGUIL --- CITY ATTORNE RAFAEL E. GRANADO CITY CLERK DATE: SUBJECT: FEBRUARY 8, 2017 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS": SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS; SECTION 38-7 REGARDING INITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMING CONDITIONS FOR DISQUALIFICATION OF PETITIONS/SIGNATURES, REQUIRING CERTAIN ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING ELECTOR WHO SIGNS PETITION PROHIBITED FROM WITNESSING HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. In addition to those provisions of the City Charter relating to City elections% Chapter 38 of the City Code deals with the related process of conducting City elections. As part of the City Attorney and City Clerk's periodic review of the City Code, Chapter 38 has been reviewed and analyzed, resulting in the attached Ordinance containing the following proposed amendments: • Amending City Code Section 38-3 regarding noticing of the City Resolution calling elections and notice of polling places. 1 See, Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum." Page 621 of 878 • Amending City Code Section 38-4 clarifying that City Code provisions governing the installation of newly-elected City officers applies to both General Elections as well as to Special Elections held for election of candidates. • Amending City Code Section 38-7 to ensure ballot integrity with regard to Initiative, Referendum and Recall petitions, by: 1) including an express prohibition confirming that an elector who signs a petition may not witness his/her signature on the "Circulator's Statement" portion of a petition; 2) requiring circulators of such petitions to include on the "Circulator's Statement" the circulator's name, address, and date of signature (which must predate the elector(s) signatures); and 3) expressly confirming conditions for the disqualification of signatures/petitions. • Creating City Code Section 38-8 entitled: "Canvassing Board", for the purpose of opting out of statutory provisions pertaining to composition of the City's Canvassing Board, which statutory provisions have proven to be complicated and time-consuming. This amendment will provide a simpler, streamlined approach for designating members of the City's Canvassing Board. The attached Ordinance is thus ready for City Commission review and deliberation. Page 622 of 878 Sec. 38-3. - Resolution by City Commission ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS": SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS; SECTION 38-7 REGARDING INITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMING CONDITIONS FOR DISQUALIFICATION OF PETITIONS/SIGNATURES, REQUIRING CERTAIN ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING ELECTOR WHO SIGNS PETITION PROHIBITED FROM WITNESSING HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections", is hereby amended to reflect the following amendments thereto relating to Section 38-3 entitled "Resolution by City Commission setting forth date and purpose of election, deadline for registration, polling places, change of polling places", Section 38-4 entitled "Canvass of returns; installation of new officers", Section 38-7 entitled "Petitions", and creation of Section 38-8 entitled "Canvassing Board", such amendments reading as follows: Chapter 38 — ELECTIONS.2 Noticing Thereof. Calling Election and (a) For the purpose of making proper provision for each municipal election held in the City, the City Commission shall, not less than 30 days prior to the proposed date of such election, adopt a 2 Charter reference— Elections, Art. VI; Initiative and Referendum Elections, Art. VII. Cross reference— Any ordinance calling elections or prescribing the manner of conducting the election in accordance with State law saved from repeal, § 1-10(a)(16); Administration, Ch. 2; City Commission, § 2-31 et seq.; election signs, § 138-134. State Law reference Florida Election Code, Fla. Stat. Chs. 97- 106. Page 623 of 878 resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The days and hours, prior to the date of such election during which persons qualified to vote therein may register for the election. (4) (5) (4) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. (b) The City Commission shall further authorize and direct the City Clerk to give notice of the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and through the publication of an appropriate advertisement in a newspaper meeting the requirements set forth in Florida Statute § 50.031 once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. The City Clerk shall further publish the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held. If any polling place designated in such resolution shall polling place in the manner provided by State law. Sec. 38-4. Canvass-of Acceptance of Election returns; installation of new officers. On the first business day immediately following the County Elections Supervisor's issuance of final election results, the City Commission shall meet for the purpose of canvassing accepting the returns of such election(s) and ascertaining the results thereof. (a) Should no Run-Off Election be necessary, new officers shall be declared elected subsequent to canvass the City Commission's acceptance of final General (or Special, as the case may be) Election returns at which time the new officers shall be installed and shall enter upon the discharge of their duties, except as otherwise provided by the City Charter; if a Run-Off Election is necessary, all new officers shall be declared elected subsequent to canvass the City Commission's acceptance of final Run-Off Election returns on the first business day immediately following the County Elections Supervisor's issuance of such final election results, at which time the new officers shall be installed and shall enter upon the discharge of their duties, except as otherwise provided by the City Charter. (b) Moreover, iIf a Run-Off Election is necessary, the Commission meeting(s) occurring between the date of General Election and the Commission's acceptance of final Run-Off Election returns shall occur for the limited purpose of canvassing accepting the returns of such general election, and/or to address any emergency matter, pursuant to Florida Statute § 952.38 (as amended from time to time) law and City Charter §2.05. Page 624 of 878 Sec. 38-7. Petitions. (a) Each qualified elector of the City who signer of signs an initiative, referendum or recall petition A - e VII of the City Charter or Florida law, shall place thereon, his or her name (both printed and signed), his or her street address including City and State, his or her date of birth (including day, month and year) or voter registration number, and the date (including day, month and year) on which he or she signed the petition. Elector signatures which do not comply with any one or more of the provisions set forth in this subsection (a) or subsection (c) below, and/or are dated later than the date set forth in the circulator's statement provided for in subsection (b) below, shall be disqualified. (b) Each person circulating a copy of the petition shall attach to it a statement confirming that the circulator personally witnessed each all persons whose signatures appears on the petition personally sign the petition on each of the respective dates set forth therein, which statement shall further set forth the circulator's name (both printed and signed), his or her street address including City and State, and the date (including day, month and year) on which he or she signed the statement. Petitions that do not comply with any one or more of the provisions set forth in this subsection (b) shall be disqualified. (c) An elector who has signed a petition pursuant to subsection (a) shall not serve as witness to his/her own signature in the circulator's statement provided for in subsection (b). Sec. 38-8. Canvassing Board. All elections conducted pursuant to the City Charter shall be canvassed by the Canvassing Board as provided for herein, and under the election laws of this State. (a) The canvassing board for City elections held on the same date as a Countywide election shall be the Miami-Dade County Canvassing Board. (b) The Canvassing Board for City elections not held on the same date as a County-wide election shall be comprised of a County Court Judge appointed by the Chief Judge of the Eleventh Judicial Circuit of Miami-Dade County, the City Clerk, and a member of the City Commission appointed by the City Commission. In the event the County Court Judge selected by the Chief Judge under this subsection is unable to serve on the Canvassing Board, such County Court Judge shall be replaced with another County Court Judge appointed by the Chief Judge to serve as substitute member; in the event any other member of the Canvassing Board under this subsection is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shall be replaced with a qualified elector of the City appointed by the Mayor to serve as a substitute member who shall not be a candidate with opposition in the election being canvassed or be an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed. Page 625 of 878 APPROVED AS TO FORM & LANGUAGE! & FOR EXECUTION City Attorney Date (c) The scheduling of Canvassing Board meetings and duties of the Canvassing Board shall be conducted in accordance with State law. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If 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. 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 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 day of , 2017. PASSED and ADOPTED this day of , 2017. ATTEST: MAYOR PHILIP LEVINE RAFAEL E. GRANADO, CITY CLERK (Sponsored by City Commissioner Malakoff) F:\ATTO\AGUR\RESOS-ORD\2017\Amending City Code Ch 38-Elections.docx Page 626 of 878 Ordinance s - R5 O COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTI TLED "ADMINISTRATION," BY AMENDING ARTI CLE III, ENTITLED "AGENCI ES, BOARDS AND COMMITTEES," BY AMENDING DIVI SION 32, ENTITLED "LGBT ADVISORY COMMI TTEE," TO CHANGE THE NAME OF THE COMMITTEE TO THE "LGBTQ ADVI SORY COMMITTEE," DELETI NG OUTDATED LANGUAGE REGARDING THE COMMITTEE'S I NITIAL COMPOSI TI ON, AND CORRECTING SCRI VENER'S ERRORS TO PROVIDE CONSI STENCY I N CAPITALIZATION THROUGHOUT DI VISI ON 32; PROVIDING FOR REPEALER, SEVERABI LITY, CODI FI CATI ON, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the requests of Commissioner John Elizabeth Aleman and Vice-Mayor Joy Malakoff, the attached Ordinance is submitted for consideration by the Mayor and City Commission at the February 8, 2017 Commission Meeting. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioners John Elizabeth Aleman & Vice-Mayor Joy Malakoff ATTACHMENTS: Description Ordinance Page 627 of 878 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 32, ENTITLED "LGBT ADVISORY COMMITTEE," TO CHANGE THE NAME OF THE COMMITTEE TO THE "LGBTQ ADVISORY COMMITTEE," DELETING OUTDATED LANGUAGE REGARDING THE COMMITTEE'S INTITAL COMPOSITION, AND CORRECTING SCRIVENER'S ERRORS TO PROVIDE CONSISTENCY IN CAPITALIZATION THROUGHOUT DIVISION 32; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its meeting on November 15, 2016, the LGBT Advisory Committee passed a motion recommending that its name be changed to the LGBTQ Advisory Committee and, subsequently, the Committee issued LTC No. 039-2017 informing the City Commission of its motion; and WHEREAS, the LGBT Advisory Committee has historically used the term "LGBT" in its title to identify the Committee. However, as communities evolve with expanding identities, the LGBT Advisory Committee would like to honor this and change its name from the "LGBT Advisory Committee" to the "LGBTQ Advisory Committee" so that its name represents the same level of inclusivity reflective of the Committee's work; and WHEREAS, "Q" represents those who are questioning where they fit into the spectrum of identity and can also mean those who identify as queer; using the term "LGBTQ" as opposed to the term "LGBT," is a more inclusive term for the diversity and the broad range of people and expressions within the LGBTQ community in Miami Beach and elsewhere; and WHEREAS, in 2014, just days before the National LGBTQ Task Force Miami Recognition Dinner, The National LGBTQ Task Force changed its name from "The National Gay and Lesbian Task Force" to "The National LGBTQ Task Force." Preceding its name change, the National LGBTQ Task Force had conducted online studies that resulted in 62% of responders favoring the term "LGBTQ" to represent the community. The National LGBTQ Task Force resolved to change its name based on its findings and that the new name would better represent its core values of inclusivity; and WHEREAS, the LGBT Advisory Committee is committed to the same core values of inclusivity, respect, and celebration of diversity. A name change from the "LGBT Advisory Committee" to the "LGBTQ Advisory Committee," would reflect such core values; and WHEREAS, in view of the forgoing, all references in Division 32 of Chapter 2 of the City Code to "LGBT" should be amended to "LGBTQ"; and Page 628 of 878 WHEREAS, in addition, outdated language in Division 32 of Chapter 2 regarding the initial composition of the Committee should be deleted, and scrivener's errors should be corrected for consistency in capitalization. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division 32 of Article III of Chapter 2 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 2 ADMINISTRATION * * ARTICLE III. AGENCIES, BOARDS AND COMMITTEES DIVISION 32. - LGBTQ ADVISORY COMMITTEE Sec. 2-190.144. - Committee purpose. The purpose of the LGBTQ Advisory Committee is to provide guidance and advice to the City Commission and the City Manager with recommendations on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the welfare and future of the Miami Beach LGBTQ Community. Sec. 2-190.145. - Powers and duties. The Committee shall make advisory recommendations to the City Commission and the City Manager on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the well being and quality of life of the Miami Beach LGBTQ Community. Sec. 2-190.146. - Composition. The GCommittee shall consist of 15 voting members, with three members to be directly appointed by the mMayor, and two members to be directly appointed by each GCity GCommissioner. Notwithstanding thc preceding sentcnce, the initial mcmbcrship—ef—thc cCommittee shall be comprised of those current members of the mMayor's gay businec•s development committee, ch large by a majority vote of thc cCity cCommission. Page 629 of 878 Sec. 2-190.147. - Supporting departments. The office of the cCity manager will provide staff support for the GCommittee. The GCity aAttorney's office shall serve as legal counsel to the °Committee. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If 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 Miami Beach City Code. 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 2017. PASSED AND ADOPTED this day of , 2017. Philip Levine, Mayor ATTEST: APPROVED AS TO FORM & LANGUAGE & FORE CUTION r), City Attorney Dote Rafael E. Granado, City Clerk Underline denotes additions Strikethrough denotes deletions (Sponsored by Commissioners John Elizabeth Aleman and Joy Malakoff) FAATTO\TURN\ORDINANCIGBTQ ORD 2017.docx Page 630 of 878 Ordinances - R5 P COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 82 OF THE CODE OF THE CITY OF MI AMI BEACH, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTI CLE I V, ENTITLED “USES I N PUBLIC RIGHTS-OF-WAY,” BY AMENDING DIVI SION 5, ENTITLED “SI DEWALK CAFES,” BY AMENDING SUBDI VISI ON II, ENTITLED PERMI T,” BY AMENDING SECTION 82-381, ENTI TLED “PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO REMOVE SI DEWALK CAFES,” BY AMENDING THE REQUI REMENTS FOR THE SEPARATE I TEMI ZATI ON AND DISCLOSURE OF GRATUITI ES, SERVICE CHARGES, AND TAXES ON CUSTOMERS’ BILLS AND RECEIPTS; BY AMENDING SECTI ON 82-382, ENTITLED “APPLICATION,” BY AMENDING THE APPLICATION REQUIREMENTS TO I NCLUDE AN AFFI DAVIT STATEMENT OF COMPLIANCE W I TH THE I TEMI ZATI ON AND DISCLOSURE REQUI REMENTS REGARDI NG GRATUI TI ES, SERVICE CHARGES, AND TAXES; BY AMENDING SECTION 82-385, ENTITLED “MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SI DEWALK CAFES,” BY AMENDI NG THE CONDITIONS FOR THE OPERATION OF SI DEWALK CAFES TO INCLUDE THE ITEMIZATION AND DI SCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES; PROVIDING FOR REPEALER, SEVERABILI TY, CODIFICATION, AND AN EFFECTI VE DATE. RECOMMENDATION Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is submitted for consideration by the Mayor and City Commission at the February 8, 2017 Commission Meeting. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Michael Grieco Page 631 of 878 ATTACHMENTS: Description Sidewalk Ord gratuities and taxes Disclosure F.A. 1.31.2017 Page 632 of 878 ORDINANCE NO.------ 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, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED PERMIT," BY AMENDING SECTION 82-381, ENTITLED "PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO REMOVE SIDEWALK CAFES," BY AMENDING THE REQUIREMENTS FOR THE SEPARATE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES ON CUSTOMERS' BILLS AND RECEIPTS; BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," BY AMENDING THE APPLICATION REQUIREMENTS TO INCLUDE AN AFFIDAVIT STATEMENT OF COMPLIANCE WITH THE ITEMIZATION AND DISCLOSURE REQUIREMENTS REGARDING GRATUITIES, SERVICE CHARGES, AND TAXES; BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY AMENDING THE CONDITIONS FOR THE OPERATION OF SIDEWALK CAFES TO INCLUDE THE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in order to prevent deceptive or misleading practices in the operation of the City's sidewalk cafes relating to bills and receipts provided to tourists and residents that patronize such establishments, gratuities, tips, service charges, and taxes should be disclosed and itemized on customers' bills and receipts; and WHEREAS, the itemized disclosure of gratuities, tips, service charges, and all City, County, and State taxes on the face of bills and receipts will foster greater transparency in the operation of sidewalk cafes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-381 of Subdivision II of Division 5 of Article IV of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER82 PUBLIC PROPERTY * * * ARTICLE IV. Uses in Public Rights-of-Way * * * DIVISION 5. Sidewalk Cates * * * Page 633 of 878 SUBDIVISION II. Permit * * * Sec. 82-381. Permitted areas; conditional permit; city manager's right to remove sidewalk cafes; reguired disclosures on menus, bills, and receipts. * * * (h) A sidewalk cafe must display or disclose prices for food and drink menu item(s), or display or disclose those prices for any food and drink menu special(s). The displayed price for the food or drink menu item(s) or food and drink menu special(s) must be in a size (font) and typeface, which is at least as large as the name of the menu item. (i) A sidewalk cafe that automatically includes a gratuity or service charge, either in the price of the meal or drink or separately imposed for all items ordered, must be displayed on the menu and on the face of the customer's bill. This disclosure serves to provide the customer notification that an automatic gratuity or service charge is being included by the sidewalk cafe operator. The disclosure of the gratuity or service charge within the menu or bill must not be smaller than 12 fpointt font. .ill A sidewalk cafe operator that includes a gratuity or tip as a charge must separately itemize and state the amount of this charge on the face of the customer's bill and receipt, and such gratuity or tip must only be calculated on the pre-tax sale amount of the food or drinks. A sidewalk cafe operator that includes a service charge, minimum charges. corkage fees, set up fees. or similar charges. must itemize and separately state such charges on the face of the customer's bill and receipt. A sidewalk cafe operator must itemize and separately state City, County and State taxes on the face of the customer's bill and receipt. SECTION 2. That Section 82-382 of Subdivision II of Division 5 of Article IV of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE IV. Uses in Public Rights-of-Way * * * DIVISION 5. Sidewalk Cafes * * * SUBDIVISION II. Permit * * * Sec. 82-382. Application. (a) A sidewalk cafe permit shall be effective for one year, from October 1 until September 30 of the following year. (b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the following information: 2 Page 634 of 878 * * * (16) A sample menu that will be used by the sidewalk cafe to display or disclose prices for food and drink menu item(s), or display or disclose those prices for any food and drink menu special(s). The sample menu must display or disclose food or drink menu item(s) or food and drink menu special(s) in a size (font) and typeface that is at least as large as the name of the menu or food item. (17) An affidavit by the sidewalk cafe that the inclusion of an automatic gratuity or service charge, either in the price of the meal or drink or separately imposed for all items ordered, will be disclosed on the menu and the face of the customer's bill and receipt, and that City, Countv. and State taxes will also be separately itemized on the face of the customer's bill and receipt. The affidavit sfiall-must state that the notification to the customer of an automatic gratuity or service charge and the itemization of Citv, County, and State taxes, isare being included consistent with, and pursuant to, those requirement(s) set forth in Section§. 82-381 (i) and (i). * * * SECTION 3. That Section 82-385 of Subdivision II of Division 5 of Article IV of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE IV. Uses in Public Rights-of-Way * * * DIVISION 5. Sidewalk Cafes * * * SUBDIVISION II. Permit. * * * Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes. (w) * * * A sidewalk cafe that automatically includes a gratuity or service charge, either in the price of the meal or drink or separately imposed for all items ordered, and fails to properly notify the customer of the automatic gratuity or service charge is prohibited from operating on the City's property. The notification must be consistent with those requirements set forth in Sections 82-381 (i) and 82-382(17). {20_ A sidewalk cafe that fails to separately itemize and state (1 l gratuities or tips; (2) service charges, minimum charges. corkage fees, set up fees, or similar charges, or (3) City, County, and State taxes 3 Page 635 of 878 on the face of the customer's bill and receipt is prohibited from operating on the City's property. The notification must be consistent with those requirements set forth in Sections 82-381 (j) and 82-382(17). SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. 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, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this _day of , 2017. ATTEST: Mayor Philip Levine Rafael E. Granado, City Clerk Underline denotes additions Strikethrough denotes deletions (Sponsored by Commissioner Michael Grieco) 4 Page 636 of 878 Resolutions - R7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 11:00 a.m. Public Hearing SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, PURSUANT TO SECTION 142-367 OF THE CITY’S CODE, AUTHORIZING THE WAI VER OF CERTAI N REGULATIONS APPLICABLE TO THE MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000 CONVENTI ON CENTER DRI VE, MIAMI BEACH, FLORIDA; WAIVI NG BY A 5/7TH VOTE OF THE CI TY COMMI SSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATI ONS IN A CCC (CONVENTION CENTER) DISTRICT, W HICH REGULATI ONS ARE FOUND AT SECTI ON 142-362 AND 142-363, ENTITLED “MAIN PERMITTED USES,” AND “CONDI TI ONAL USES,” IN ORDER TO WAI VE THE REQUIREMENTS RELATI NG TO A NEI GHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLI SHMENT FOR THE CURRENT OPERATI ON OF A HALL FOR HI RE LOCATED AT THE MI AMI BEACH BOTANICAL GARDEN OPERATED BY MIAMI BEACH GARDEN CONSERVATORY, I NC. RECOMMENDATION The Administration recommends that the City Commission Open adopt the Resolution . ANALY SIS HISTORY On October 14, 2015, the Mayor and the City Commission, at the request of Commissioner Michael Grieco, referred an item to the Land Use and Development Committee (LUDC) regarding a land use amendment to permit the selling of alcoholic beverages at the following locations: North Shore Bandshell, Shane Rowing Center, and the Miami Beach Botanical Garden (Item C4G.) On January 20, 2016, the LUDC recommended that the City Commission consider four waivers regarding alcoholic beverage regulations for the North Shore Bandshell, Shane Rowing Center, Botanical Garden, and North Shore Oceanfront Center. On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred the waivers pertaining to the Botanical Gardens to the Planning Board for review, pursuant to Section 142-425(d) of the City Code (Item C4H.) On September 27, 2016, the Planning Board transmitted a waiver for the Miami Beach Botanical Garden to the City Commission with a favorable recommendation. Page 637 of 878 On November 9, 2016, the Mayor and City Commission approved an ordinance that created the ability to grant a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053). This Ordinance, however, is subject to an amendment to the City’s Comprehensive Plan, which is currently pending before the City Commission as part of a Comprehensive Plan Amendment for the Transit Master Plan. The concurrency waiver for the Botanical Garden is expected to go before the City Commission on April 26, 2017. BACKGROUND The Miami Beach Botanical Garden located at 2000 Convention Center Drive recently underwent a planned renovation that included a multi-use activity space and a large lawn area. T he Miami Beach Garden Conservatory, Inc. is a not-for-profit organization that has had a management agreement with the City since 1997 to manage and maintain the garden. T he garden is free and open to the public. It also hosts many community oriented events, workshops and classes. One of the Botanical Garden’s funding sources is the rental of the facility as a hall for hire to host events such as weddings, receptions, fundraisers, and other community oriented events. T hey currently have a Business Tax Receipt (BT R) for hall for hire (BT R000827-05-2016). In order for the Miami Beach Garden Conservatory, Inc., to formalize its licensing requirements for its current operation, add to their Business Tax Receipt (BTR) dance and entertainment, and apply for an alcoholic beverage license from the State, they must seek a waiver of the Land Development Regulations (LDR’s) from the City Commission for being a Neighborhood Impact Establishment (NIE) and an outdoor entertainment establishment. The city owned facility is located in the Convention Center District (CCC) and, as per Section 142- 367 of the City Code, the City Commission may waive by five sevenths vote (5/7ths), following a public hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for- profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes.” PLANNING ANALYSIS The Miami Beach Botanical Garden was designed, built and constructed as a recreation and event space. The purpose of the Banyan Room, the outdoor patio area, and the great lawn was to accommodate events and meetings. T he Miami Beach Garden Conservatory Inc. is only formalizing its current operations and not requesting any expansion to its current programming. T he purpose of the proposed waiver of the zoning requirements for an NIE and outdoor entertainment establishment is for the Miami Beach Botanical Garden to obtain a BT R for all of the services covered in the normal operation of a hall for hire, such as catering, equipment rental, alcoholic beverages service, and dance and entertainment. The Miami Beach Botanical Garden meets the threshold of an NIE, as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment (see definitions below.) Sec. 142-1361. – Definitions. Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor Page 638 of 878 movie theater; big screen television and/or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation. *** Neighborhood impact establishment means: (1) An alcoholic beverage establishment or restaurant, not also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 300 or more persons as determined by the chief fire marshal; or (2) An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 200 or more persons as determined by the chief fire marshal. *** Outdoor entertainment establishment means a commercial establishment which provides outdoor entertainment as defined in this section. The Botanical Gardens has indicated that only events sponsored by the Botanical Gardens would be subject to the NIE waiver. PLANNING BOARD REV IEW On September 27, 2016, the Planning Board (by a 7-0 vote) transmitted the proposed waiver to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission adopt the Resolution. Legislative Tracking Planning Sponsor Commissioner Michael Grieco ATTACHMENTS: Description Form Approved Reso Page 639 of 878 I~ RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, PURSUANT TO SECTION 142-367 OF THE CITY'S CODE, THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142- 362 AND 142-363, ENTITLED "MAIN PERMITTED USES," AND "CONDITIONAL USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL FOR HIRE LOCATED AT THE MIAMI BEACH BOTANICAL GARDEN, OPERATED BY MIAMI BEACH GARDEN CONSERVATORY, INC. WHEREAS, Miami Beach Botanical Garden underwent a planned renovation that included a multi-use activity space and a large lawn area; and WHEREAS, the Miami Beach Garden Conservatory, Inc. is a not-for-profit organization that has had a management agreement with the City since 1997 to manage and maintain the garden; and WHEREAS, the Miami Beach Botanical Garden is free and open to the public; and WHEREAS, one of the Botanical Garden's funding sources is the rental of the facility as a hall for hire to host events such as weddings, receptions, fundraisers, and other community oriented events; and WHEREAS, one of the key intended outcomes for the City of Miami Beach is to enhance cultural and recreational activities and improve alliance with key sectors, namely hospitality, arts, & international business with a focus on enhanced culture, entertainment, & tourism; and WHEREAS, the Miami Beach Botanical Garden is located at 2000 Convention Center Drive within the Convention Center Zoning District (CCC) and is subject to the City's Land Development Regulations; and WHEREAS, as a result of the overall size of the Miami Beach Botanical Garden, the facility meets the threshold of a Neighborhood Impact Establishment (NIE), as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment; and WHEREAS, in the CCC zoning district provides for a waiver of land development regulations under certain conditions; and -o.,"•·--·~ Page 640 of 878 ,... .• WHEREAS, pursuant to Section 142-367 of the Land Development Regulations, the City Commission may waive, by five sevenths (5/7ths) vote, following a public hearing, development regulations "pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes;" and WHEREAS, on September 27, 2016, the Planning Board transmitted to the City Commission a favorable recommendation of the waiver for the Miami Beach Botanical Garden; and WHEREAS, on November 9th, 2016, the Mayor and City Commission approved an ordinance that created a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053.); and WHEREAS, the Mayor and City Commission desire to waive the district regulations for the Botanical Garden's events and functions. 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, pursuant to Section 142-367 of the City's Code, authorize the waiver of certain regulations applicable to Miami Beach Botanical Garden, located at 2000 Convention Center Drive, Miami Beach, Florida; waiving by a 5/7th vote of the City Commission, after public hearing, the development regulations in a CCC (Convention Center) District, which regulations are found at section 142-362 and 142-363, entitled "Main Permitted Uses," and "Conditional Uses," in order to waive the requirements relating to neighborhood impact establishments and outdoor entertainment establishments. PASSED and ADOPTED this __ day of _______ , 2017. PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE ~ & F0/1XJ:!CUTION O<~L'J( h 1-i5. '( City Attorney~ Date Page 641 of 878 Resolutions - R7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 11:05 a.m. Public Hearings SUBJECT:1. BANDSHELL RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MIAMI BEACH, FLORI DA, AUTHORIZING PURSUANT TO SECTI ON 142-425 OF THE CI TY’S CODE, THE WAI VER OF CERTAI N REGULATI ONS APPLICABLE TO THE NORTH SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAI VING BY A 5/7TH VOTE OF THE CI TY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATI ONS IN A GU (GOVERNMENT USE) DISTRICT, W HICH REGULATI ONS ARE FOUND AT SECTI ON 142-422 AND 142-423, ENTITLED “MAIN PERMITTED USES,” AND “PRI VATE USES,” I N ORDER TO WAI VE THE REQUI REMENTS RELATI NG TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLI SHMENT FOR THE CURRENT OPERATION OF THE BANDSHELL FACI LITY AND A HALL FOR HI RE LOCATED AT THE CI TY-OW NED NORTH SHORE BANDSHELL, OPERATED BY THE RHYTHM FOUNDATION, INC. 2. SHANE WATERSPORTS RESOLUTION A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MIAMI BEACH, FLORI DA, AUTHORIZING PURSUANT TO SECTI ON 142-425 OF THE CI TY’S CODE, THE WAI VER OF CERTAI N REGULATIONS APPLICABLE TO THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6550 INDI AN CREEK DR, MIAMI BEACH, FLORIDA; WAIVI NG BY A 5/7TH VOTE OF THE CITY COMMI SSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRI CT, W HICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423, ENTITLED “MAI N PERMI TTED USES,” AND “PRIVATE USES,” IN ORDER TO WAIVE THE REQUI REMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE A HALL FOR HI RE LOCATED AT THE CI TY-OW NED RONALD W. SHANE WATERPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY MI AMI BEACH WATERSPORTS, I NC. RECOMMENDATION The Administration recommends that the City Commission adopt the Resolutions . ANALY SIS Page 642 of 878 HISTORY On October 14, 2015, the Mayor and the City Commission, at the request of Commissioner Michael Grieco, referred an item to the Land Use and Development Committee (LUDC) regarding a land use amendment to permit the selling of alcoholic beverages at the following locations: North Shore Bandshell, Shane Rowing Center, and the Miami Beach Botanical Garden (Item C4G.) On January 20, 2016, the LUDC recommended that the City Commission consider four waivers regarding alcoholic beverage regulations for the North Shore Bandshell, Shane Rowing Center, Botanical Garden, and North Shore Oceanfront Center. At the time of this action, the North Shore Oceanfront Center indicated that they would not be requesting such a waiver. On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred waivers pertaining the Bandshell and Shane Watersports Center to the Planning Board for review, pursuant to Section 142-425(d) of the City Code (Item C4H.) On June 28, 2016, the Planning Board transmitted waivers for the North Beach Bandshell and the Ronald W. Shane Watersports Center to the City Commission with favorable recommendations. On November 9, 2016, the Mayor and City Commission approved an ordinance that created the ability to grant a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053). This Ordinance, however, is subject to an amendment to the City’s Comprehensive Plan, which is currently pending before the City Commission as part of a Comprehensive Plan Amendment for the Transit Master Plan. A separate waiver for concurrency will be brought to the City Commission on April 26, 2017. BACKGROUND North Beach Bandshell The North Beach Bandshell was designed, built and constructed as an outdoor entertainment space in 1961 and is located in the North Shore National Register District. Between 2011 and 2014 the Bandshell and the surrounding park underwent significant renovations. In 2014, there was a recommendation, from the Mayor ’s Blue Ribbon Panel on North Beach to issue an RFP for the management of the North Shore Bandshell. T he Rhythm Foundation, a not-for-profit organization, was awarded the management agreement for the facility. In order for The Rhythm Foundation to formalize its licensing requirements for the operation of the North Shore Bandshell and obtain a Business Tax Receipt (BT R) for a concert venue, hall for hire, dance and entertainment establishment, and apply for an alcoholic beverage license from the State, it must seek a waiver of the Land Development Regulations (LDR’s) regarding Neighborhood Impact Establishments (NIE) and outdoor entertainment establishments from the City Commission pursuant to Section 142-425(d) of the City Code. Ronald W. Shane Watersports Center Miami Beach Watersports Center Inc. is a not-for-profit organization located at 6500 Indian Creek Drive in the Ronald W. Shane Watersports Center. The original structure was constructed in 1993 as a one story boathouse affiliated with the Jewish Community Center (JCC). A second floor to the facility was added in 2003 by Miami Beach Watersports Center Inc. The current operators have a Business Tax Receipt (BT R) for an office, boat docks, storage yard, and hall for hire (RL05000973). Page 643 of 878 Primarily, the second floor of the structure is used to host events including weddings, social events, fundraisers and meetings. In order for Miami Beach Watersports Center Inc. to formalize its licensing requirements for its current operation, add to its Business Tax Receipt (BT R) dance and entertainment, and apply for an alcoholic beverage license from the State, it must seek a waiver of the Land Development Regulations (LDR’s) from the City Commission for being a Neighborhood Impact Establishment (NIE) pursuant to Section 142-425(d) of the City Code. As a point of clarification, the Ronald W. Shane Watersports Center is not proposing outdoor entertainment. PLANNING ANALYSIS North Beach Bandshell The Rhythm Foundation is not requesting any expansion of its current programming. In the past, the musical events staged at the Bandshell were authorized through the Special Events process which allowed the City Manager to waive the zoning requirements for each event. The purpose of the proposed waiver of the zoning requirements for an NIE and outdoor entertainment is to formalize the operation of the Bandshell through a BT R for a concert venue with an accessory hall for hire. T he hall for hire services would include, but not be limited to the following activities: catering, equipment rental, alcoholic beverages service, and dance and entertainment. The Bandshell meets the threshold of an NIE, as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment (see definitions at the end of the analysis.) T he City Commission can waive the conditional use requirements for GU properties pursuant to Section 142-425 (d). Ronald W. Shane Watersports Center The Ronald W. Shane Watersports Center was designed, built and constructed as a sports and recreation center. T he purpose of the second story addition was to accommodate events and meeting spaces. The Miami Beach Watersports Center is only formalizing its current operations and not requesting any expansion to its current programming. The purpose of the proposed waiver of the zoning requirements for an NIE is able to obtain a BT R for all of the services covered in the normal operation of an accessory hall for hire, such as: catering, equipment rental, alcoholic beverages service, and dance and entertainment. The Ronald W. Shane Watersports Center meets the threshold criteria of an NIE, as the capacity of the facility exceeds 200 persons with dance and entertainment. T he City Commission can waive the conditional use requirements for GU properties pursuant to Section 142-425 (d). Sec. 142-1361. – Definitions. Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen television and/or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation. *** Neighborhood impact establishment means: (1) An alcoholic beverage establishment or restaurant, not also operating as an entertainment Page 644 of 878 establishment or dance hall (as defined in section 114-1), with an occupant content of 300 or more persons as determined by the chief fire marshal; or (2) An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 200 or more persons as determined by the chief fire marshal. *** Outdoor entertainment establishment means a commercial establishment which provides outdoor entertainment as defined in this section. Section 142-425(d) of the City Code, sets forth a provision that the City Commission may waive by five sevenths vote, following a public hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes.” PLANNING BOARD REV IEW On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted both of the proposed waivers to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission adopt the Resolutions . Legislative Tracking Planning Sponsor Commissioner Michael Grieco ATTACHMENTS: Description Form Approved Reso - Bandshell Form Approved Reso - Shane Page 645 of 878 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-425 OF THE CITY'S GODE, THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423, ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE BANDSHELL FACILITY AND A HALL FOR HIRE LOCATED AT THE CITY-OWNED NORTH SHORE BANDSHELL, OPERATED BY THE RYTHEM FOUNDATION ING. WHEREAS, the North Shore Bandshell was designed, built and constructed as an outdoor entertainment space in 1961; and WHEREAS, between 2011 and 2014 the North Shore Bandshell and the surrounding park underwent significant renovations; and WHEREAS, the Rhythm Foundation, Inc. a not-for-profit organization was awarded the management agreement for the facility in 2014; and WHEREAS, many of the programs and events in the North Beach Bandshell are free and open to the public; and WHEREAS, one of the North Beach Bandshell's funding sources is the rental of the facility as a hall for hire to host music events and other community oriented events; and WHEREAS, one of the key intended outcomes for the City of Miami Beach is to enhance cultural and recreational activities and improve alliance with key sectors, namely hospitality, arts, & international business with a focus on enhanced culture, entertainment, & tourism; and WHEREAS, the North Beach Bandshell is located at 7251 Collins Avenue within the Government Use (GU) zoning district and is subject to the City's Land Development Regulations; and WHEREAS, as a result of the overall size of the North Shore Bandshell, the facility meets the threshold of a Neighborhood Impact Establishment (NIE), as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment; and WHEREAS, in the GU zoning district provides for a waiver of land development regulations under certain conditions; and WHEREAS, pursuant to Section 142-425(d) of the Land Development Regulations, the City Commission may waive, by five sevenths (5/7ths) vote, following a public hearing, Page 646 of 878 development regulations "pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes;" and WHEREAS, on June 28, 2016, the Planning Board transmitted to the City Commission a favorable recommendation of the waiver for the North Shore Bands hell; and WHEREAS, on November gth, 2016, the Mayor and City Commission approved an ordinance that created a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053); and WHEREAS, the Mayor and City Commission desire to waive the land development regulations. 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, pursuant to Section 142-425 (d) of the City's Code, authorize the waiver of certain regulations applicable to North Shore Bandshell, located at 7251 Collins Avenue, Miami Beach, Florida; waiving by a 5/7th vote of the City Commission, after public hearing, the development regulations in a GU (Government Use) Zoning District, which regulations are found at section 142-422 and 142-423, entitled "Main Permitted Uses," and "Private Uses," in order to waive the requirements relating to neighborhood impact establishments and outdoor entertainment establishments. PASSED and ADOPTED this __ day of _______ , 2017. ATTEST: PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE RAFAEL E. GRANADO, CITY CLERK & ~O~E<:;UTION a~~.\-, I -.z_l?-lrJ City Altom.$ Dote Page 647 of 878 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-425 OF THE CITY'S CODE, THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142- 422 AND 142-423, ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE A HALL FOR HIRE LOCATED AT THE CITY-OWNED RONALD W. SHANE WATERPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY MIAMI BEACH WATERSPORTS INC. WHEREAS, the Ronald W. Shane Watersports Center was built and constructed as boathouse in 1993; and WHEREAS, in 2003 the a second floor to the facility was added by Miami Beach Watersports Center, Inc.; and WHEREAS, the Miami Beach Watersports Center Inc. a not-for-profit organization which leases the land from the City of Miami Beach; and WHEREAS, many of the Ronald W. Shane Watersports Center community events in the are free and open to the public; and WHEREAS, one of the Ronald W. Shane Watersports Center funding sources is the rental of the facility as a hall for hire to host events including weddings, social events, fundraisers and meetings; and WHEREAS, one of the key intended outcomes for the City of Miami Beach is to enhance cultural and recreational activities and improve alliance with key sectors, namely hospitality, arts, & international business with a focus on enhanced culture, entertainment, & tourism; and WHEREAS, the Ronald W. Shane Watersports Center is located at 6500 Indian creek Drive within the Government Use (GU) zoning district and is subject to the City's Land Development Regulations; and WHEREAS, as a result of the overall size of the Ronald W. Shane Watersports Center, the facility meets the threshold of a Neighborhood Impact Establishment (NIE), as the capacity of the facility exceeds 200 persons; and WHEREAS, in the GU zoning district provides for a waiver of land development regulations under certain conditions; and -, .. ..,.... Page 648 of 878 WHEREAS, pursuant to Section 142-425(d) of the Land Development Regulations, the City Commission may waive, by five sevenths (5/7ths) vote, following a public hearing, development regulations "pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes;" and WHEREAS, on June 28, 2016, the Planning Board transmitted to the City Commission a favorable recommendation of the waiver for the Ronald W. Shane Watersports Center; and WHEREAS, on November 9th, 2016, the Mayor and City Commission approved an ordinance that created a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053); and WHEREAS, the Mayor and City Commission desire to waive the development regulations. 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, pursuant to Section 142-425 (d) of the City's Code, authorize the waiver of certain regulations applicable to Ronald W. Shane Watersports Center, located at 6500 Indian creek Drive, Miami Beach, Florida; waiving by a 5/7th vote of the City Commission, after public hearing, the development regulations in a GU (Government Use) Zoning District, which regulations are found at section 142-422 and 142-423, entitled "Main Permitted Uses," and "Private Uses," in order to waive the requirements relating to neighborhood impact establishments. PASSED and ADOPTED this __ day of _______ , 2017. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE 2 & FOR EXEC~TfON J-,(';~.h CttyAttom~ Page 649 of 878 Resolutions - R7 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 11:15 a.m. Public Hearing SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE NAMI NG OF THE FOUNTAIN W I THIN SOUTH POINTE PARK I N MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT. RECOMMENDATION City Commission 5/7ths vote approving the naming of the South Pointe Park Fountain in memory of Mark N. Overton, former Deputy Chief of Miami Beach Police Department and, pursuant to Section 82-503(b) of the City Code. ANALY SIS At the December 9, 2016 Neighborhood/Community Af f airs 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. At the January 11, 2017 Commission Meeting, the Commission accepted the recommendation of the NCAC at its December 9, 2016 meeting approving the naming of the South Pointe Park Fountain in memory of Mark N. Overton. 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. Thereaf ter, 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. 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 I nvestigations, and Narcotics/Special Investigations. 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. In March 2012, after 28 years of service Chief Overton, retired f rom the Hialeah Police Department and accepted a position as the Deputy Chief f or the Miami Beach Police Page 650 of 878 Department. Chief Overton was appointed as The Village of Bal Harbour’s Police Chief on January 6, 2014. 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 Of f icer of the Year, the Purple Heart, 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. At the close of the City Commission public hearing, the approval of the proposal requires a 5/7ths vote. Unless expressly provided otherwise 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. A proposed 12x12 plaque is proposed to be installed at the South Pointe Park Fountain, which will cost an estimated $1,300.00 f or 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. Legislative Tracking Parks and Recreation ATTACHMENTS: Description Exhibit B Page 651 of 878 Exhibit B 12x12 Plaque Draft Design DEDICATED TO THE MEMORY OF DEPUTY POLICE CHIEF MARK N. OVERTON 1962 –2016 IN HONOR OF HIS MANY YEARS OF DEDICATED SERVICE TO THE SOUTH FLORIDA COMMUNITY 12” 12” Page 652 of 878 Resolutions - R7 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 11:20 a.m. Public Hearing SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVI CE FUND AND SPECI AL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. ANALY SIS See Memorandum attachment. Legislative Tracking Budget and Perf ormance Improvement ATTACHMENTS: Description FY17 2nd Operating Budget Amendment Resolution Page 653 of 878 MIAMI BEACH City of Miami Beach, 1700 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, City Manager DATE: February 8, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17 ADMINISTRATION RECOMMENDATION Adopt the resolution amending the FY 2016/17 General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets. KEY INTENDED OUTCOME SUPPORTED Ensure expenditure trends are sustainable over the long term. ANALYSIS The budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2016/17 were approved on September 27, 2016, with the adoption of Resolution No. 2016-29579. The First Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2016/17 was approved on November 18, 2016, by Resolution No. 2016-29654. Section 166.241 (4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. The Second Amendment appropriates $445,740 from other sources to the General Fund, $733,260 from General Fund Balance, realigns $491,000 within the General Fund and appropriates $1,218,000 to Special Revenue Funds. Additional Rollovers The First Budget Amendment identified roll-over funds to cover purchase orders that were encumbered, but not spent during FY 2015/16 due to timing issues between fiscal years. Page 654 of 878 Second Amendment to the FY 2016/17 General Fund, Enterprise, internai Service, and Special Revenue Funds Budgets Page 2 Additionally, funds were rolled-over for projects that were budgeted, but not completed during FY 2015/16. Additional purchase orders and projects have been identified since that date and are recommended for funding through this budget amendment as listed below; the total General Fund Balance impact is $594,260.18 and total Special Revenue Fund impact is $55,000. Department Project/PO Description Amount Fund Mayor & Commission 2066 Miami Beach Rising Above and Time Capsule The project would focus on bringing world- wide awareness and highlight Miami Beach's efforts in dealing with climate change and sea level rise. $190,000 General Planning Renovations Ongoing department renovations. $126,000 General Environmental & Sustainability Construction Inspection Services Funds to hire permanent inspector to assist with improving regulatory compliance of construction sites. $70,000 General (Building) Environmental & Sustainability GIS Tree Inventory The final phase of the GIS Inventory was required to go out to bid rather than using the rotational list due to the cost. The procurement timeline for the bid process did not allow for the project to be initiated in FY15/16. $55,000 Special Revenue - Tree Preservation Trust Public Works - Greenspace 5th Street (PO 20160429) 5th Street is a major gateway into the City of Miami Beach as one exit off of MacArthur Causeway. This project is intended to enhance this corridor and improve the experience of residents and guests alike through the installation of various flowering varieties of Crape Myrtles and ornamental shrubs within the 5th Street median, from Alton Road to Ocean Drive. $36,000 General Police Outer Carrier Vest Covers Items ordered during FY16 but received in FY17. $33,000 General Environmental & Sustainability Part-time temporary employee Temporary employee to help the department with compiling and analyzing the greenhouse gas inventory and fleet and water conservation data assessment database to support the resiliency program and analyze the City's energy assessment in order to set up targets and feasible actions to improve our municipal building's energy efficiencies. $30,000 General Finance Munis The Finance Department will 'go-live' with the Munis Payroll Module in April 2017. Finance staff will require additional training and on-site trouble shooting services to ensure the success of this module after 'go- live'. $25,000 General Police Bean Bag Rounds Rounds to support new less-lethal Bean Bag Shotgun. $23,000 General Property Management Art Deco Welcome Center Railing Welcome Center railing replacement. $22,260.18 General (Citywide) Police Vest Carriers To purchase additional outer carrier vest covers. $20,000 General Public Works - Greenspace Julia Tuttie/Aiton Road (PO 20160406) The Julia Tuttle/Alton Road interchange is a focal point for many who visit the City of Miami Beach. This area has, over time, lost much of its vegetation due to tidal flooding. $12,000 General Page 655 of 878 Second Amendment to the FY 2016/17 General Fund, Enterprise, Internal Service, and Speciai Revenue Funds Budgets Page 3 vehicular damage, and plants reaching the end of their natural life-cycles. This project is intended to refresh and enhance this entrance to the City through the installation of sod and a variety of ornamental and flowering shrubs. Police Simmunition Kits Non-lethal training kits made up of marking cartridges, weapon conversion kits, and personal protective equipment that the department utilizes during different types of training exercises. $7,000 General Appropriate $370.000 for funding for Security Guard Expenses in the South Pointe area to the Department of Emergency Management - South Pointe RDA The Parks and Recreation department is currently providing unbudgeted security guard services to the South Point Park and Pier. Funds from the South Pointe RDA will be transferred to the General Fund to continue funding these expenses through the rest of the fiscal year. Realign $861.000 of funding for Securitv Guard Expenses to the Department of Emerqencv Management-General Fund The adopted budget has Security Guard expenses shared between the Police, Emergency Management and Building departments. This proposed amendment consolidates all General funded security guard expenses within the Department of Emergency Management in order to improve management of the security guard program and track expenses related to these services. Appropriate $60.000 for Continuation of Digitalization of Miami Beach Archives - Genera! Fund The Office of the City Clerk, in conjunction with Florida International University, will begin its third year of digitalizing Miami Beach Archives. By the end of 2016, approximately 85,000 pages have been completed. By the end of Year III, it is expected to have scanned and catalogued over 60,000 pages, representing some 3,000 separate archival items. These figures continue to run above original projections of 15,000 pages per year in Years I and II. Completing the project will greatly enhance the value of the digital archive, as well as assure the preservation for future generations of the Miami Beach historical materials. Appropriate $50.000 for a Grant to the UNIDAD Senior Center - General Fund This amendment requests a $50,000 grant for the UNIDAD Senior Center to assist with electricity costs, loss of rental revenues, etc. Electricity costs have increased with City programming at the facility, and the lighting from the Center also provides lighting for the Park. Rental revenues will be impacted with the Air Conditioning replacement at the facility. While the requested funds are a one- time request on behalf of UNIDAD of Miami Beach, the Administration will pursue providing ongoing support through the budget process inclusive of the potential use of grant resources, i.e. Community Development Block Grant (CDBG) funds, from future allocations. Appropriate $19.000 for Common Threads - General Fund Common Threads is a national non-profit organization whose mission is to educate children on the importance of nutrition and physical well-being, empowering them to be agents of change for Page 656 of 878 Second Amendment to ttie FY 2016/17 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page 4 healthier families, schools, and communities. Through hands-on cooking programs and nutrition education. Common Threads provides a preventative health program solution in urban schools to children, families, and teachers in under-served communities. The City's contribution of $19,000 includes funding for five sets of cooking equipment. This partnership was approved at the December 14*, 2016 Commission meeting and was approved for funding at the January 20*, 2017 Finance and Citywide Projects Committee meeting. Appropriate $10.000 for 2017 Miami Beach Gay Pride Parade - General Fund This amendment requests $10,000 to assist Miami Beach Gay Pride in offsetting parade cost overruns for the 2017 parade which includes safety barricades, ADA matting requirements and security services. Appropriate $68.000 for Light Towers and $30.000 for Ballistic Vests - Federal Forfeiture Funds As part of the comprehensive effort to improve police services and reduce crime and quality-of-life offenses in the Ocean Drive/Lummus Park corridor and throughout the newly formed police area command known as the "Entertainment District," the Police Department seeks to double the number of portable light towers used to illuminated darkened areas. These extremely valuable towers can also be deployed anywhere else in the city they are needed, to address new crime complaints, for special events, for weather and other emergencies, and for traffic conditions. The six new light towers are estimated to cost $68,000. The Department provides ballistic vests for wear by police officers at their option. Prior to 2016, too few officers were wearing these vests because the only style available required that the vest be worn underneath the uniform shirt, which is very uncomfortable. In 2016, the Department adopted a new, more comfortable outer carrier, worn above the uniform shirt. As a result, many more officers ordered ballistic vests for the first time, resulting in a significant extra expenditure for this body armor. Pursuant to the CBA, the Department must reimburse each officer for the cost of a new vest. This request is for $30,000 in additional funding to cover the one-time cost above budget for purchasing an unusually large number of ballistic vests in the current fiscal year. Appropriate $75,739.82 for Carpet Replacement at Colony Theater - Proceeds from Segafredo Colony Cafe Lease Under Resolution No. 99-23228, the City Commission approved the appropriation of $220,000 from the CAC budget to provide matching funds in the form of a non-interest bearing loan to fund a portion of the Colony Theatre Improvements. Since the City was able to obtain the maximum grant award from the State's Cultural Arts Facilities Grant Program, the loan was subsequently reduced to $165,000. The City was to repay the loan to the CAC from the 70% recapture of the Colony Theatre Cafe/Segafredo rental revenues. Monies received from the rental revenues were placed into the Colony Theatre Trust Account 601 - 7000-229220 through 09/30/05 as the balance grew to $143,139.82. However, no additional monies were put into this trust account during the 2006/07, 2007/08, 2008/09 and 2009/10 fiscal years despite continuing to collect rental revenues and not yet reaching the $165,000 desired balance. In FY2011, the Internal Audit division conducted an audit that concluded that the City could not locate any evidence that the City (CAC) loaned $165,000 to the Colony Theatre Cafe. Consequently, it was recommended that the monies should not be held in a trust account to pay back a loan that was not made and were recommended to be transferred to the City. Page 657 of 878 Second Amendment tott)eFY2016/17 General Fund, Enterprise, Internai Sen/ice, and Special Revenue Funds Budgets Page 5 Since the initial purpose of the loan was to assist in the funding of the renovation of the Colony Theatre this amendment recommends the funds be transferred to the General Fund to pay for carpet replacements at the theater. Update 1% Convention Center Debt Service Collection Revenue Estimate - Resort Tax This amendment updates the 1% Convention Center Debt Service Collection estimate from $13 million to $14,065,000. The debt service expense will be adjusted accordingly. All revenues collected from this dedicated tax are earmarked for Convention Center debt service payments. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Second Amendment to the General Fund, Enterprise Fund, internal Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2016/17. JLM/CGR Page 658 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. WHEREAS, the budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2016/17 were approved on September 27, 2016, with the adoption of Resolution No. 2016-29579; and WHEREAS, the First Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2016/17 was approved on November 18, 2016, with the adoption of Resolution No. 2016-29654; and WHEREAS, the second budget amendment realigns $491,000 between City departments, appropriates $1,154,000 to the General Fund, and appropriates $1,218,00 in Special Revenue Funds as reflected in the attached Exhibit "A; and WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriations and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City Commission of the City of Miami Beach, and only after appropriation to the Miami Beach Police Department by the City Commission of the City of Miami Beach; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies (attached hereto as Exhibit B). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly noticed public hearing on February 8, 2017, the City Commission hereby adopts the second amendment to the FY 2016/17 General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets as set forth in Exhibit "A." PASSED and ADOPTED this 8th day of February, 2017. ATTEST: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXFCUTION City Attorney Dote Rafael E. Granado, City Clerk RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. WHEREAS, the budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2016/17 were approved on September 27, 2016, with the adoption of Resolution No. 2016-29579; and WHEREAS, the First Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2016/17 was approved on November 18, 2016, with the adoption of Resolution No. 2016-29654; and WHEREAS, the second budget amendment realigns $491,000 between City departments, appropriates $1,154,000 to the General Fund, and appropriates $1,218,00 in Special Revenue Funds as reflected in the attached Exhibit "A; and WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriations and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City Commission of the City of Miami Beach, and only after appropriation to the Miami Beach Police Department by the City Commission of the City of Miami Beach; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies (attached hereto as Exhibit B). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly noticed public hearing on February 8, 2017, the City Commission hereby adopts the second amendment to the FY 2016/17 General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets as set forth in Exhibit "A." PASSED and ADOPTED this ^ day of February, 2017. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 659 of 878 Exhibit "A" GENERAL FUND FY 2016/17 2nd Budget FY 2016/17 GENERAL FUND Amended Budget Amendment Revised Budget REVENUES Operating Revenues Ad Valorem Taxes S 159,950,000 s 159,950,000 Ad Valorem Taxes-S Pte Costs S $ Ad Valorem Cap. Renewal & Replacement s 662,000 $ 662,000 Ad Valorem Taxes- Normandy Shores 5 169,000 $ 169,000 Other Taxes S 23,732,000 s 23,732,000 Licenses and Permits S 30,348,000 i 30,348000 tnte rgovern me ntai S 11,439,000 s 11,439.000 Charges for Services 5 12,174,000 5 12,174,000 Fines & Forfeits $ 1,799,000 S 1,799,000 Rents and Leases 5 6,426,000 S 6,428000 Miscellaneous S 12,575,000 $ 12,575,000 Re so rt Tax Contrl but! on S 37,609,(XX) s 37,609,000 Other S 20,369,000 $ 20,369,000 TransforlnfromSouth Pointe RDA s 0 370.000 s 370.000 Transfer in from Proceeds from Segafredo Colony 0 Cafe Lease 75,739.82 $ 75,740 Fund Balance/ Retained Earnings s 1,092,000 733,260 s 1,825,260 Total General Fund S 318344,000 S 1,179,000 s 319,523,000 FY 2016/17 2nd Budget FY 2016/17 Amended Budget Amendment Revised Budget APPROPRIATIONS Department Mayor and Commission S 2,093,000 190,000 $ 2,283,000 City Manager S 3,630,000 $ 3,630,000 Communications S 1,995.000 $ 1,995,000 Budget & Performance Improvement S 2,658000 S 2658,000 Org Dev & Performance Iniriarive s 629.000 S 629,000 Finance 5 5,791,000 25,000 $ 5,816,000 Procurement S 2,288,000 $ 2,288,000 Human Resources/labor Relations 5 2,780,000 S 2780,000 City Clerk S 1,562,000 60,000 $ 2622,000 City Attorney S 5,370,000 s 5,370,000 Housing & Comm. Development s 2,798,000 s 2,798,000 Building s 1.5,163,000 (10,000) $ 15,153,000 Environment & Sustainabllity s 1,123.000 30,000 s 1,153,000 Code Compliance s 5,947,000 s 5,947,000 Planning s 4,180,000 126,000 s 4,306,000 Tourism, Culture, and Econ, Development s 3,680,000 75,739.82 $ 3,755,740 Parks & Recreation s 31,934,000 $ 31,934,000 Public Works s 14,698,000 48,000 S 14,746,000 Capita! Improvement Projects 5 5,051,000 s 5.051,000 Police s 104,729,000 (328,000) $ 104,401,000 Fire 5 71,938,000 s 71,936000 Emergency Management S 9,509,000 861,000 s 10,370,000 Citywide Accounts-Other s 13,766,000 101,260.18 $ 13,867,260 Citywide Accounts-Operating Contingency S 1,318,000 s 1,318,000 Citywide Accounts-Normandy Shores S 257,000 $ 257,000 Subtotal General Fund $ 314,887,0)0 1,179,000 s 316,066,000 TRANSFERS Capital Renewal & Replacement Capital Investement Upkeep Account Info & Comm Technology Fund Pay-As You Go Capital Fund Capital Reserve Fund Building Reserve Subtotal Transfers 662,000 395,000 2,400.000 395,000 2400,000 3,457,000 $ 3,457,000 Total General Fund S 318,344,000 $ 1,179,000 $ 319.523,000 Page 660 of 878 Exhibit "A" ENTERPRISE FUNDS REVENUE/APPROPRIATIONS FY 2016/17 Amended Budget 2nd Budget FY 2016/17 Amendment Revised Budget Convention Center $ 11,038,000 $ 11,038,000 Parking $ 61,368,030 $ 61,368,000 Sanitation $ 20,886,000 $ 20,886,000 Sewer Operations $ 54,672,000 $ 54,672,000 Stormwater Operations $ 28,532,000 $ 28,532,000 Water Operations $ 34,795,000 $ 34,795,000 Total Enterprise Funds $ 211,291,000 $ $ 211,291,000 INTERNAL SERVICE FUNDS FY 2016/17 2nd Budget FY 2016/17 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Central Services $ 1,015,000 $ 1,015,000 Fleet Management $ 9,597,000 $ 9,597,000 Information Technology $ 17,030,000 $ 17,030,000 Property Management $ 8,409,000 $ 8,409,000 Risk Management $ 17,585,000 $ 17,585,000 Medical and Dental Insurance $ 30,532,030 $ 30,532,000 Total Internal Service Funds $ 84,168,000 $ $ 84,168,000 SPECIAL REVENUE FUNDS FY 2016/17 2nd Budget FY 2016/17 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Resort Tax $ 88,453,000 1,065,000 $ 89,518,000 Transportation $ 11,445,000 $ 11,445,000 People's Transportation Plan Fund $ 3,808,000 $ 3,808,000 7th Street Garage $ 2,320,030 $ 2320,000 5th & Alton Garage $ 771,030 $ 771,000 Art In Public Places $ 473,000 $ 473,000 Tourism and Hospitality Scholarship Prgm $ 184,000 $ 184,000 Information and Communitation Tech Fund $ 803,000 $ 803,000 Education Compact $ 235,000 $ 235,000 Sustainability & Waste Haulers Add Se ry Fund $ 450,000 $ 450,000 Residential Housing $ 771,000 $ 771,000 Red Light Camera Fund $ 1,516,000 $ 1,516,000 E-911 Fund $ 351,000 $ 351,000 Cultural Arts Council $ 2,029,030 $ 2,029,000 Normandy Shores $ 257,000 $ 257,000 Tree Preservation Fund $ 90,000 55,000 $ 145,000 Police Confiscation - Federal $ 215,000 98,000 $ 313,000 Police Confiscation - State $ 299,000 $ 299,000 Police Special Revenue $ 105,000 $ 105,000 Police Training Fund $ 30,000 $ 30,000 Total Special Revenue Funds $ 114,60S,000 $ 1,218,000 $ 115,823,000 ENTERPRISE FUNDS Exhibit "A" ENTERPRISE FUNDS FV 2016/17 Amended Budget 2nd Budget Amendment FY 2016/17 Revised Budget REVEN UE/APPROPRIATIONS Convention Center $ 11,038,000 $ 11,038,000 Parking $ 61,368,000 $ 61,368,000 Sanitation s 20,886,000 $ 20,886,000 Sewer Operations s 54,672,000 $ 54,672,000 Stormwater Operations $ 28,532,000 $ 28,532,000 Water Operations $ 34,795,000 $ 34,795,000 Total Enterprise Funds s 211,291,0CX) s 211,291,000 INTERNAL SERVICE FUNDS FY 2016/17 Amended Budget 2nd Budget Amendment FY 2016/17 Revised Budget REVENUE/APPROPRIATIONS Central Services S 1,015,000 $ 1,015,000 Fleet Management $ 9,597,00) $ 9,597,000 Information Technology $ 17,030,000 $ 17,030,000 Property Management s 8,409,000 $ 8,409,000 Risk Management $ 17,585,00) $ 17,585,000 Medical and Dental Insurance $ 30,532,000 $ 30,532,000 Total Internal Service Funds SPECIAL REVENUE FUNDS s 84,168,000 s s 84,168,000 Total Internal Service Funds SPECIAL REVENUE FUNDS Total Internal Service Funds SPECIAL REVENUE FUNDS FY 2016/17 Amended Budget 2nd Budget Amendment FY 2016/17 Revised Budget REVENUE/APPROPRIATIONS Resort Tax s 88,453,000 1,065,000 $ 89,518,000 Transportation s 11,445,000 $ 11,445,000 People's Transportation Plan Fund 3,808,(XX3 $ 3,808,000 7th Street Garage s 2,320,000 $ 2,320,000 5th & Alton Garage s 771,000 $ 771,000 Alt In Public Places $ 473,0(X) $ 473,000 Tourism and Hospitality Scholarship Prgm s 184,000 S 184,000 Information and Communitation Tech Fund s 803,000 $ 803,000 Education Compact s 235,000 $ 235,000 SustainabilityS Waste Haulers Add Serv Fund $ 450,0(» $ 450,000 Residential Housing $ 771,000 $ 771,000 Red Light Camera Fund s 1,516,000 $ 1,516,000 E-911 Fund s 351,000 s 351,000 Cultural Arts Council $ 2,029,00) $ 2,029,000 Normandy Shores $ 257,000 $ 257,000 Tree Preservation Fund s 90,000 55,000 s 145,000 Police Confiscation - Federal $ 215,000 98,000 $ 313,000 Police Confiscation - State $ 299,000 $ 299,000 Police Special Revenue s 105,000 $ 105,000 Police Training Fund s 30,CX)0 $ 30,000 Total Special Revenue Funds s 114,605,000 $ 1,218,000 $ 115,823,000 Page 661 of 878 Exhibit "B CERTIFICATION I, Daniel J. Gates, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2016/2017 fiscal year providing funds for expenditures, complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sfiamg of Federally Forfeited Property for Local Law Enforcement Date Page 662 of 878 Re solutions - R7 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, URGI NG THE UNITED STATES CONGRESS TO REVISE THE NATI ONAL FLOOD I NSURANCE PROGRAM TO ELIMINATE THE DISPROPORTI ONATE SUBSI DI ES PAID BY THE STATE OF FLORIDA TO OTHER PARTS OF THE NATION, AND TO I NCREASE THE AMOUNT OF SUBSIDIES ALLOCATED IN FLORIDA, TO AN AMOUNT EQUAL TO AT LEAST 25% OF FLOOD INSURANCE PREMI UMS PAI D IN THE STATE OF FLORIDA, FOR REINVESTMENT IN RESILI ENT I NFRASTRUCTURE PROJECTS I N THE STATE OF FLORIDA; AND, FURTHER, URGING THE FLORI DA LEGISLATURE TO ADOPT STRI CTER BUILDING CODES THAT I NCORPORATE MEASURES THAT ADDRESS SEA LEVEL RI SE, AND TO ADOPT LAW S THAT REQUIRE INSURANCE COMPANIES TO PROVIDE I NCENTIVES FOR THE IMPLEMENTATION OF RESILI ENT MEASURES THAT MI TI GATE THE RISKS RELATED TO CLI MATE CHANGE AND 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 February 8, 2017 City Commission Meeting. A revised Resolution will be submitted in the supplemental agenda. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez Page 663 of 878 Resolutions - R7 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, SETTI NG A PUBLIC HEARING TO CONSIDER GRANTI NG TW O (2) WAI VERS OF CERTAI N DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, PURSUANT TO SECTI ON 142-425(d), OF THE CI TY’S CODE, FOR THE PARKING GARAGE TO BE CONSTRUCTED AT THE P-16 SURFACE PARKING LOT, LOCATED AT 13TH STREET AND COLLI NS AVENUE, W I THIN THE OCEAN DRIVE/COLLINS AVENUE HISTORI C DISTRI CT: (1) A WAIVER OF SECTION 142-547(A), OF THE CITY CODE, REDUCING THE MINI MUM FRONT SETBACK (EAST SIDE) FROM TEN (10) FEET TO EI GHT (8) FEET NINE (9) INCHES; AN ADDI TI ONAL REDUCTION TO TW O (2) FEET FIVE (5) I NCHES REDUCI NG THE MI NIMUM FRONT SETBACK AT THE VERTICAL CI RCULATI ON TOWER; AND REDUCING THE SI DE SETBACK (NORTH SIDE), FACI NG A STREET, FROM FIVE (5) FEET TO ZERO (0) FEET; AND (2) A WAI VER OF SECTION 142-545, OF THE CITY CODE I NCREASI NG THE MAXI MUM BUILDI NG HEI GHT FROM FIFTY (50) FEET TO SEVENTY FIVE (75) FEET. RECOMMENDATION Administration recommends that the City Commission adopts the Resolution. ANALY SIS On April 13, 2016, the Mayor and City Commission approved the issuance of Request for Qualif ications No. 2016-124-KB (RFQ) f or Architectural and Engineering Design Criteria Professional Services f or mixed use parking garages. The RFQ was issued on April 20, 2016, and on June 8, 2016, the City Commission approved Resolution No. 2016-29425 authorizing the City to negotiate with DESMAN, INC. (Consultant); negotiations were successf ul, and an agreement was executed with the Consultant. The construction of a parking garage at the P-16 Surf ace Parking Lot was approved in the FY 2015-16 Capital Budget as part of the City’s initiative to expand municipal parking garages. A Design Criteria Package (DCP) is being prepared by the Consultant and will be provided to Page 664 of 878 the Design Build Team f or design development and subsequent construction of a new parking garage. The proposed parking garage will be constructed on the property currently occupied by surface parking lot P-16 located at the southwest corner of the intersection of 13th Street and Collins Avenue. The ground level of the proposed structure could provide approximately 4,600 sq. ft. of retail space, while the upper five (5) levels of the parking garage could accommodate approximately 207 parking spaces (Exhibit A). The P-16 Surf ace Parking Lot is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths vote (5/7ths), following a dully noticed public hearing advertised in the newspaper at least fif teen (15) days prior to the hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not- for-profit, educational, or cultural organizations, or f or convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes.” Specifically, the Project is requesting the following development regulation waivers: 1. A. 142-547(A), to reduce the required f ront setback (east side) from ten (10) f eet to eight (8) feet nine (9) inches; B. An additional reduction to two (2) f eet five (5) inches of the minimum f ront setback (east side) at the vertical circulation tower exclusively; C. Reducing the side setback (north side), facing a street, f rom five (5) f eet to zero (0) feet; 2. 142-545, to increase the maximum building height from fifty (50) f eet to seventy five (75) feet. The required building height, necessary to accommodate the retail spaces and upper parking levels, takes into account sufficient clearance for vans, mechanical services, and future modifications to accommodate sea level rise. CONCLUSION The Administration recommends that the City Commission approves the Resolution. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description P16 Resolution Page 665 of 878 Exhibit A - P16 Site Plan Page 666 of 878 RESOLUTION NO. __________ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING TWO (2) WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, PURSUANT TO SECTION 142-425(d), OF THE CITY’S CODE, FOR THE PARKING GARAGE TO BE CONSTRUCTED AT THE P-16 SURFACE PARKING LOT, LOCATED AT 13TH STREET AND COLLINS AVENUE, WITHIN THE OCEAN DRIVE/COLLINS AVENUE HISTORIC DISTRICT: (1) A WAIVER OF SECTION 142-547(A), OF THE CITY CODE, REDUCING THE MINIMUM FRONT SETBACK (EAST SIDE) FROM TEN (10) FEET TO EIGHT (8) FEET NINE (9) INCHES; AN ADDITIONAL REDUCTION TO TWO (2) FEET FIVE (5) INCHES REDUCING THE MINIMUM FRONT SETBACK AT THE VERTICAL CIRCULATION TOWER; AND REDUCING THE SIDE SETBACK (NORTH SIDE), FACING A STREET, FROM FIVE (5) FEET TO ZERO (0) FEET; AND (2) A WAIVER OF SECTION 142-545, OF THE CITY CODE INCREASING THE MAXIMUM BUILDING HEIGHT FROM FIFTY (50) FEET TO SEVENTY FIVE (75) FEET. WHEREAS, on April 13, 2016, the Mayor and City Commission approved the issuance of Request for Qualifications No. 2016-124-KB (RFQ) for Architectural and Engineering Design Criteria Professional Services for mixed use parking garages; and WHEREAS, the RFQ was issued on April 20, 2016, and on June 8, 2016, the City Commission approved Resolution No. 2016-29425 authorizing the City to negotiate with DESMAN, INC. (Consultant); negotiations were successful, and an agreement was executed with the Consultant; and WHEREAS, the construction of a parking garage at the P-16 Surface Parking Lot was approved in the FY 2015-16 Capital Budget as part of the City’s initiative to expand municipal parking garages; and WHEREAS, a Design Criteria Package (DCP) is being prepared by the Consultant and will be provided to the Design Build Team for design development and subsequent construction of a new parking garage; and WHEREAS, the proposed parking garage will be constructed on the property currently occupied by surface parking lot P-16 located at the southwest corner of the intersection of 13th Street and Collins Avenue and the ground level of the proposed structure could provide approximately 4,600 sq. ft. of retail space, while the upper five (5) levels of the parking garage could accommodate approximately 207 parking spaces; and WHEREAS, the P-16 Surface Parking Lot is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths vote (5/7ths), following a dully noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes; and Page 667 of 878 WHEREAS, the Project is requesting the following development regulation waivers: 1. A. 142-547(A), to reduce the required front setback (east side) from ten (10) feet to eight (8) feet nine (9) inches; B. An additional reduction to two (2) feet five (5) inches of the minimum front setback (east side) at the vertical circulation tower exclusively; C. Reducing the side setback (north side), facing a street, from five (5) feet to zero (0) feet; 2. 142-545, to increase the maximum building height from fifty (50) feet to seventy five (75) feet. The required building height, necessary to accommodate the retail spaces and upper parking levels, takes into account sufficient clearance for vans, mechanical services, and future modifications to accommodate sea level rise. 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 set a Public Hearing to consider granting two (2) waivers of certain development regulations, by a 5/7th vote of the City Commission, after public hearing, pursuant to section 142-425(d), of the City’s code, for the parking garage to be constructed at the P-16 Surface Parking Lot, located at 13th Street and Collins Avenue, within the Ocean Drive/Collins Avenue Historic District: (1) a waiver of section 142-547(a), of the City code, reducing the minimum front setback (east side) from ten (10) feet to eight (8) feet nine (9) inches; an additional reduction to two (2) feet five (5) inches reducing the minimum front setback at the vertical circulation tower; and reducing the side setback (north side), facing a street, from five (5) feet to zero (0) feet; and (2) a waiver of section 142-545, of the City code increasing the maximum building height from fifty (50) feet to seventy five (75) feet. PASSED and ADOPTED this _____day of _______________, 2017. _______________________ ATTEST: PHILIP LEVINE, MAYOR __________________________________ RAFAEL E. GRANADO, CITY CLERK Page 668 of 878 Page 669 of 878 Page 670 of 878 Re solutions - R7 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-091-KB, FOR DESI GN/BUILD SERVICES FOR W EST AVENUE I MPROVEMENTS PHASE II NORTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRI CE (GMP) I N THE AMOUNT OF $30,850,663.00; AUTHORI ZI NG A TEN PERCENT (10%) OWNER'S CONTI NGENCY FOR THE PROJECT I N THE AMOUNT OF $3,085,066.30; AND FURTHER AUTHORI ZI NG THE MAYOR AND CITY CLERK TO EXECUTE A DESI GN BUI LD AGREEMENT WITH RI C-MAN CONSTRUCTION, INC. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Public Works / Procurement ATTACHMENTS: Description ATTACHMENT A Phase I Evaluation Committee Scoring and Ranking ATTACHMENT B Phase II Evaluation Committee Scoring and Ranking Resolution Page 671 of 878 REQUEST FOR PROPOSALS (RFP) NO. 2016-091-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II NORTH OF 14 STREET Roger Buell Ranking Sabrina Baglieri Ranking Gayle Durham Ranking LOW AGGREGATE TOTALS Rank Bergeron Land Development 60 4 63 4 80 3 11 4 Lanzo Construction 79 2 75 1 80 3 6 2 Ric-Man Construction Inc.83 1 64 2 83 2 5 1 David Mancini and Sons Inc.78 3 64 2 85 1 6 2 Page 672 of 878 EVALUATION COMMITTEE MEETING REGARDING REQUEST FOR PROPOSALS (RFP) 2016-091-KB FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II NORTH OF 14TH STREET, PHASE II.Luis Soto Ranking Sabrina Baglieri Ranking Josiel Ferrer Ranking Gayle Durham Ranking LOW AGGREGATE TOTALS Rank Bergeron Land Development 80 3 80 3 75 3 81 3 12 3 Lanzo Construction Co.90 2 90 2 86 2 88 2 8 2 Ric-Man Construction Inc.94 1 91 1 91 1 96 1 4 1 Page 673 of 878 RESOLUTION NO. 2017- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-091-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II NORTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $30,850,663.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $3,085,066.30; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. WHEREAS, on March 9, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for Design/Build Services for West Avenue Improvements Phase II North of 14 Street (the "RFP"); and WHEREAS, the RFP was released on March 14, 2016, with an opening date of May 9, 2016; and WHEREAS, a voluntary pre-proposal conference to provide information to the proposers submitting a response was held on March 29, 2016; and WHEREAS, the RFP provided for a two-step, phased evaluation process; and WHEREAS, the Phase I selection process, related to the qualifications, experience and availability of the proposers and key members of the design-build team, including the lead designer and lead contractor; and WHEREAS, only those proposers short-listed during Phase I were authorized to proceed to Phase II of the RFP, in which price and detailed technical proposals, based on the approved Design Criteria Package (the "DCP"), would be considered; and WHEREAS, under Phase I, the City received proposals in response to the RFP from the following five (5) firms: Bergeron Land Development, Inc. ("Bergeron"), David Mancini & Sons, Inc. ("DMSI"), Lanzo Construction Company ("Lanzo"), Ric-Man Construction, Inc. ("Ric-Man Construction"), and Ric-Man International, Inc. ("Ric-Man International"); and WHEREAS, the proposal from Ric-Man International failed to comply with the minimum requirements as stated in the RFP, and, accordingly was deemed non-responsive; and WHEREAS, on May 17, 2016, via LTC # 215-2016, the City Manager appointed the Evaluation Committee (the "Evaluation Committee"), which convened on June 13, 2016 to consider the proposals submitted under Phase I; and WHEREAS, the Committee's Phase I rankings were as follows: 1) Ric-Man Construction; 2) DMSI; 2) Lanzo; and 4) Bergeron; and WHEREAS, on July 14, 2016, after reviewing the proposals and the Evaluation Committee's scores and rankings, the City Manager exercised his due diligence and Page 674 of 878 recommended, pursuant to Section 0400 (Proposal Evaluation) of the RFP, that all proposers proceed to Phase II of the RFP evaluation process; and WHEREAS, on November 10, 2016, the Procurement Department issued Phase II of the RFP to the short-listed proposers; and WHEREAS, on January 12, 2017, the City received the technical and price proposals in response to Phase II of the RFP; and WHEREAS, DMSI submitted a "Statement of No Bid" for Phase H of the RFP and therefore received no further consideration; and WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC # 215- 2016, convened on January 19, 2017 to consider the proposals received under Phase II; and WHEREAS, the Evaluation Committee's rankings for Phase II were as follows: (1) Ric-Man Construction; and (2) Lanzo; and (3) Bergeron; and WHEREAS, the City Manager, having considered the proposals and the Evaluation Committee's rankings, recommends award of the contract to Ric-Man Construction, Inc., with a Guaranteed Maximum Price (GMP) in the amount of $30,844,123.00; and WHEREAS, the City Manager further recommends the establishment of a separate ten percent (10%) Owner's Contingency for the Project in the amount of $3,084,412.30. 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 of the City of Miami Beach, Florida hereby accept the recommendation of the City Manager to award an agreement, pursuant to Request for Proposals (RFP) No. 2016-091-KB for Design/Build Services for West Avenue Improvements Phase II North of 14 Street (Phase II), to Ric-Man Construction, Inc., with the Guaranteed Maximum Price (GMP) in the amount of $30,850,663.00; and authorizes a ten percent (10%) Owner's Contingency in the amount of $3,085,066.30; and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with Ric-Man Construction, Inc. PASSED AND ADOPTED this day of 2017. ATTEST: APPROVED AS TO FORM & LANGUAGE Philip Levine, Mayor & FOR EXECUTION City Attorney Ra Data Rafael Granado, City Clerk T:\AGENDA\2017\2 - February\Procurement Department\RFP 2016-091-KB West Ave North of 14 ST\2016-091-KB RFP - Design Build Services for West Ave North of 14 Street (Phase II)- Reso.docx Page 675 of 878 Resolutions - R7 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-090-KB, FOR DESI GN/BUILD SERVICES FOR W EST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRI CE (GMP) I N THE AMOUNT OF $13,285,990.00; AUTHORI ZI NG A TEN PERCENT (10%) OWNER'S CONTI NGENCY FOR THE PROJECT I N THE AMOUNT OF $1,328,599.00; AND FURTHER AUTHORI ZI NG THE MAYOR AND CITY CLERK TO EXECUTE A DESI GN BUI LD AGREEMENT WITH RI C-MAN CONSTRUCTION, INC. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Public Works / Procurement ATTACHMENTS: Description ATTACHMENT A Phase I Evaluation Committee Scoring and Ranking ATTACHMENT B Phase II Evaluation Committe Scoring and Ranking Resolution Page 676 of 878 REQUEST FOR PROPOSALS (RFP) NO. 2016-090-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14 STREET Roger Buell Ranking Sabrina Baglieri Ranking Gayle Durham Ranking LOW AGGREGATE TOTALS Rank Bergeron Land Development 85 2 73 2 90 1 5 1 Lanzo Construction 84 3 75 1 60 4 8 3 Ric-Man Construction Inc.80 4 64 4 83 2 10 4 David Mancini and Sons Inc.87 1 72 3 80 3 7 2 Page 677 of 878 EVALUATION COMMITTEE MEETING REGARDING REQUEST FOR PROPOSALS (RFP) 2016-090-KB FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14TH STREET, PHASE II Luis Soto Ranking Sabrina Baglieri Ranking Josiel Ferrer Ranking Gayle Durham Ranking LOW AGGREGATE TOTALS Rank Bergeron Land Development 70 3 74 3 68 3 71 3 12 3 David Mancini & Sons Ins.68 4 72 4 62 4 68 4 16 4 Lanzo Construction Co.87 2 90 2 92 1 89 2 7 2 Ric-Man Construction Inc.96 1 92 1 90 2 92 1 5 1 Page 678 of 878 RESOLUTION NO. 2017- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-090-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $13,285,990.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $1,328,599.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. WHEREAS, on March 9, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for Design/Build Services for West Avenue Improvements Phase II South of 14 Street (the "RFP"); and WHEREAS, the RFP was released on March 14, 2016, with an opening date of May 9, 2016; and WHEREAS, a voluntary pre-proposal conference to provide information to the proposers submitting a response was held on March 29, 2016; and WHEREAS, the RFP provided for a two-step, phased evaluation process; and WHEREAS, the Phase I selection process, related to the qualifications, experience and availability of the proposers and key members of the design-build team, including the lead designer and lead contractor; and WHEREAS, only those proposers short-listed during Phase I were authorized to proceed to Phase II of the RFP, in which price and detailed technical proposals, based on the approved Design Criteria Package (the "DCP"), would be considered; and WHEREAS, under Phase I, the City received proposals in response to the RFP from the following five (5) firms: Bergeron Land Development, Inc. ("Bergeron"), David Mancini & Sons, Inc. ("DMSI"), Lanzo Construction Company ("Lanzo"), Ric-Man Construction, Inc. ("Ric-Man Construction"), and Ric-Man International, Inc. ("Ric-Man International"); and WHEREAS, the proposal from Ric-Man International failed to comply with the minimum requirements as stated in the RFP, and, accordingly was deemed non-responsive; and WHEREAS, on May 17, 2016, via LTC # 215-2016, the City Manager appointed the Evaluation Committee (the "Evaluation Committee"), which convened on June 13, 2016 to consider the proposals submitted under Phase I; and WHEREAS, the Evaluation Committee's Phase I rankings were as follows: 1) Bergeron; 2)DMSI; 3) Lanzo; and 4) Ric-Man Construction; and WHEREAS, on July 14, 2016, after reviewing the proposals and the Evaluation Committee's scores and rankings, the City Manager exercised his due diligence and Page 679 of 878 recommended, pursuant to Section 0400 (Proposal Evaluation) of the RFP, that all proposers proceed to Phase II of the RFP evaluation process; and WHEREAS, on November 10, 2016, the Procurement Department issued Phase II of the RFP to the short-listed proposers; and WHEREAS, on January 12, 2017, the City received the technical and price proposals in response to Phase ll of the RFP; and WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC # 215- 2016, convened on January 19, 2017 to consider the proposals received under Phase II; and WHEREAS, the Evaluation Committee's rankings for Phase II were as follows: (1) Ric-Man Construction; and (2) Lanzo; and (3) Bergeron; and (4) DMSI; and WHEREAS, the City Manager, having considered the proposals and the Evaluation Committee's rankings, recommends award of the contract to Ric-Man Construction, Inc., with a Guaranteed Maximum Price (GMP) in the amount of $13,285,990.00; and WHEREAS, the City Manager further recommends the establishment of a separate ten percent (10%) Owner's Contingency for the Project in the amount of $1,328,599.00. 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 of the City of Miami Beach, Florida hereby accept the recommendation of the City Manager to award an agreement, pursuant to Request for Proposals (RFP) No. 2016-090-KB for Design/Build Services for West Avenue Improvements Phase II South of 14 Street (Phase II), to Ric-Man Construction, Inc., with the Guaranteed Maximum Price (GMP) in the amount of $13,285,990.00; and authorizes a ten percent (10%) Owner's Contingency for the Project in the amount of $1,328,599.00; and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with Ric-Man Construction, Inc. PASSED AND ADOPTED this day of 2017. ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Philip Levine, Mayor Rafael Granado, City Clerk City Attorney (2..K) Date T:\AGENDA\2017\2 - February\Procurement Department\RFP 2016-090-KB West Ave South of 14 ST\2016-090-KB RFP - Design Build Services for West Ave South of 14 Street (Phase II)- Reso V2,clocx Page 680 of 878 Resolutions - R7 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, APPROVI NG AND AUTHORI ZI NG THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE ARCHITECTURAL AND ENGI NEERING (A/E) DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORI DA AND JAMES CORNER FIELD OPERATIONS, L.L.C., FOR ADDI TI ONAL ARCHI TECTURAL AND ENGI NEERING DESIGN SERVI CES FOR THE LI NCOLN ROAD DISTRI CT I MPROVEMENTS PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $1,274,000; WITH PREVI OUSLY APPROPRIATED FUNDING. RECOMMENDATION The Administration recommends adopting the Resolution. ANALY SIS In 2014, the City engaged the services of James Corner Field Operations, L.L.C. (JCFO/Consultant), to prepare a Master Plan f or the Lincoln Road District. The vision of the Master Plan is to enhance the aesthetic and social experience of Lincoln Road by creating an integrated district that can ef f ectively accommodate the interests of stakeholders and visitors. The scope of the Lincoln Road Master Plan encompasses the Lincoln Road Pedestrian Mall and adjacent Lincoln Lane North and Lincoln Lane South f rom W est Avenue to Collins Avenue and all connecting streets that f eed into Lincoln Road from Lincoln Lane South to 17th Street, but not including 17th Street. The project also extends to 16th Street along Pennsylvania Avenue. On June 23, 2016, the City Commission adopted Resolution No.2016-29319, awarding the contract f or Architectural and Engineering Design Services f or Lincoln Road District to JCFO. Based on the Lincoln Road Master Plan, which was approved by the City Commission in October 2015, several improvements are being proposed. The types of improvements being proposed along the district include enhancement of pedestrian walkways and café zones, modifications to the existing planters and water f eatures, new landscape and irrigation, cosmetic repairs to historic Lapidus structures, drainage improvements, new lighting and signalization/wayfinding, performance/multipurpose areas in the 500 and 600 Blocks, outdoor furnishings at selected locations, gateway trellis at the 400 Block, replacement of underground infrastructure, crosswalk enhancements, and milling and resurfacing of asphalt paving. Page 681 of 878 The total funding for this project, inclusive of design, construction, and other related costs was established at $32 Million. Furthermore, the funding was specifically allocated to revitalize the following three components within the Lincoln Road District: • Lincoln Road Pedestrian Mall: Renovation and refurbishment of the Lincoln Road Pedestrian Mall from Washington Avenue to Lenox Avenue with a budget of $20 Million. • Convention Center/Lincoln Road Connectors: Pedestrianizing of Drexel Avenue f rom Lincoln Lane South to Lincoln Lane North; Street improvements on Pennsylvania Avenue between Lincoln Road and Lincoln Lane North; and Street Improvements on Meridian Avenue between Lincoln Road and 17th Street with a budget of $10 Million. • 17th Street f rom Pennsylvania Avenue to Washington Avenue: Sidewalk and Landscape improvements with a budget of $2 Million. Of the $32 Million project budget, once design and other related soft costs are estimated and deducted from the budget, the available construction budget was determined to be approximately $22.5 Million. The Consultant was directed to design to this construction budget. In August 2016, as part of the f irst task of the design contract, JCFO prepared a Conceptual Order of Magnitude Construction Cost Estimate f or the project, in the amount of $38,983,962, which indicated a projected budget deficit of approximately $18 Million in construction. This amount does not include the estimated construction costs for the 17th Street component described above as this component will be addressed as part of a separate project and deducted from the Consultant’s scope of work. On October 19, 2016, the City Commission was inf ormed that further direction was required to continue the development of the design documents, as a result of a projected budget shortfall, to complete the Lincoln Road District Redevelopment Project and referred this item to the Finance and Citywide Projects Committee. On October 28, 2016, the Finance and Citywide Projects Committee (FCWPC) directed JCFO to continue the design of the project in accordance with the vision of the Lincoln Road Master Plan. Additional f unding to mitigate the budget shortf all will have to be identified as the design develops and approaches completion. On November 9, 2016, the City Commission approved the recommendation of the FCW PC. As a result of the direction received from the City Commission on November 9, 2016, JCFO issued a Budget and Contract Reevaluation Memorandum requesting the City amend the Architectural and Engineering Design Services Agreement to adjust the identified project construction budget and increase compensation for expanded scope. The Consultant also requested that the amendment include previously established “Add Alternate” items, costs related to value engineering studies, and related travel expenses to attend the Finance and Citywide Projects Committee meeting. Staf f negotiated the requested additional design fees and services, and reached an agreement in the lump sum amount of $799,000. The negotiated amount also includes a credit for the design services for the 17th Street component. Page 682 of 878 On January 11, 2017, the City Commission approved the incorporation of security barrier systems, such as saf ety bollards, at all intersections along the Lincoln Road Pedestrian Mall. Accordingly, JCFO was asked to provide a proposal to include the design of this feature into the p r o j e c t . JCFO has provided a proposal in the lump sum amount of $75,000. The implementation of a security barrier system will have an impact on construction costs that has yet to be determined. Finally, the Administration is recommending extending the limits of the Lincoln Road Pedestrian Mall current project to include the portion between Washington Avenue to Collins Avenue and as such, on January 17, 2017, the Consultant was requested to provide additional Architectural and Engineering Design Services addressing this increase in the project limits, as proposed in the approved Master Plan. JCFO has provided a proposal in the not-to-exceed amount of $400,000. The extension of these limits has an additional potential construction cost of $4 million. The overall construction cost is projected to be approximately $43 million for the Lincoln Road Mall, including the extended limits, the connectors and excluding the security barrier system. The agreement with JCFO was executed for a lump sum amount of $3,861,000. The negotiated professional fees identified in Amendment No. 1 of the agreement, totaling $1,274,000, are commensurate with industry standards, the level of improvements contemplated in the scope of services for this project, and the additional scope of work added to the agreement. The total amount of the contract, including this Amendment No. 1 will be $5,135,000. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the existing Professional Services Agreement with JCFO for the Lincoln Road District Redevelopment Project, in the amount of $1,274,000. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability Amount 1 $853,580 Account 1 164-0820-061357-00-410-549-00-00-00- 29300 - RDA Cash Funded CC Projects Amount 2 $420,420 Account 2 309-0820-061357-00-410-549-00-00-00- 29310 - RDA Bond CC Project Total 1,274,000 Legislative Tracking Capital Improvement Projects Page 683 of 878 ATTACHMENTS: Description Exhibit A - Amendment No. 1 Page 684 of 878 Page 1 of 5 James Corner Field Operations, L.L.C., Amendment No.1 AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C. DATED JUNE 23, 2016 FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE LINCOLN ROAD DISTRICT IMPROVEMENTS PROJECT IN THE AMOUNT OF $1,274,000 This Amendment No. 1 to the Agreement made and entered this ___day of ___________, 2017, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and JAMES CORNER FIELD OPERATIONS, L.L.C. a Pennsylvania Limited Liability Company having its p r i n c i p a l office at 475 10th Avenue, 9th Floor, New York, NY 10018 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 2015-245-KB, the Mayor and City Commission adopted Resolution No. 2016-29319 on June 23, 2016, approving and authorizing the Mayor and City Clerk to execute an Agreement with James Corner Field Operations, L.L.C. for Professional Architecture and Engineering Services for the Lincoln Road District Improvements Project (the Agreement); and WHEREAS, the Agreement provides for the architectural, engineering, landscape architecture, surveying, infrastructure, limited historic preservation, signage and wayfinding, cost estimating, and permitting as necessary for the Project, including the design, bidding and award services, and construction administration of the Lincoln Road District Improvements; and WHEREAS, the Agreement was executed for a lump sum amount of $3,861,000; and WHEREAS, the following Amendment No. 1 to the Agreement is for the provision of additional architectural and engineering design services for the Lincoln Road design to be advanced to comply with the vision of the Lincoln Road Master Plan, in the lump sum amount of $799,000; and WHEREAS, the following Amendment No. 1 to the Agreement is for additional architectural and engineering design services to incorporate a security barrier system (safety bollards) along the pedestrian portions of Lincoln Road Project, in the lump sum amount of $75,000; and Page 685 of 878 Page 2 of 5 James Corner Field Operations, L.L.C., Amendment No.1 WHEREAS, the following Amendment No. 1 to the Agreement is for additional architectural and engineering design services to extend the scope of the Project to include the implementation of the Lincoln Road Master Plan proposal for Lincoln Road Mall from Washington Avenue to Collins Avenue (200-300 Block), in the not-to-exceed amount of $400,000; and WHEREAS, the proposal from Consultant, totaling $1,274,000, was reviewed and found to be fair and reasonable; and WHEREAS, this Amendment No. 1 to the Agreement will revise the total contract sum to the not-to-exceed total amount of $5,135,000. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-1" and Article 4.1 revisions, attached herein. Article 4.1 shall be revised to read as follows: The City has established the Construction Cost Budget of $43 Million for the Project, inclusive of the Lincoln Road Pedestrian Mall and Connectors. This amount does not account for the security barrier system. Consultant shall design the Project so that the Construction Cost Budget for the Project is not exceeded. As part of the Basic Services, Consultant shall design and/or re-design the Project to the Construction Cost Budget in accordance with this Article 4, making all revisions necessary to maintain the Construction Cost Budget. Consultant shall attend meetings with the City to review and discuss cost estimates, cost-saving alternatives, and implementation or revision of the Design Documents and Construction Documents to address such items, as necessary to meet the established budget parameters set forth in the City Construction Budget. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 1. Page 686 of 878 Page 3 of 5 James Corner Field Operations, L.L.C., Amendment No.1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA __________________________ ____________________________ Rafael E. Granado, City Clerk Philip Levine, Mayor ATTEST: CONSULTANT: JAMES CORNER FIELD OPERATIONS, L.L.C. _________________________ ____________________________ Isabel Castilla James Corner, President Page 687 of 878 Page 4 of 5 James Corner Field Operations, L.L.C., Amendment No.1 SCHEDULE "A - 1" SCOPE OF SERVICES Schedule “A” entitled, “Scope of Services”, is amended as follows: Revise the following under I. GENERAL The scope of services included herein is as follows:  B. Project Limits – The project limits under Phase 1 are now increased to include the 200 and 300 Blocks (from Washington Avenue to Collins Avenue) along Lincoln Road Pedestrian Mall. Phase 1 is now to read as follows: Phase 1 will encompass improvements along the Lincoln Road pedestrian mall from Lenox Avenue (1000 Block) to Collins Avenue (200-300 Block), including connection from Lincoln Road to 17th Street along Drexel, Pennsylvania, and Meridian, improvements to Drexel Avenue from Lincoln Road to 17th Street including closure to traffic and pedestrainization of this portion of Drexel Avenue (with modifications to Drexel Ave., south of Lincoln Road pedestrian mall towards 16th Street as necessary to address any altered traffic patterns due to pedestrianization of Drexel Avenue). Phase 2 will encompass Lincoln Lane North and South from Lenox Avenue (1000 Block) to Washington Avenue (400 Block) inclusive of connecting thoroughfares not included in Phase 1 at Lenox, Michigan, and Euclid Avenues, and Lincoln Road between Alton and West Avenues.  C. General Services 31. security barrier system (safety bollards) along the pedestrian portion of Lincoln Road Mall and Drexel Avenue Please refer to the attached proposal for breakdown of anticipated effort. JCFO proposes to perform the above-noted services for a not-to-exceed fee of $1,274,000. Page 688 of 878 Page 5 of 5 James Corner Field Operations, L.L.C., Amendment No.1 PAYMENT AND COMPENSATION The total fee proposed for this Scope of Work is a not-to-exceed amount of $1,274,000 (refer to Exhibit A-1 attached herein). • Original Agreement amount $3,861,000. • Amendment No. 1: For the provision of additional architectural and engineering services associated with the expanded scope to meet the proposals included in the Lincoln Road Master Plan in the lump sum amount of $799,000, the inclusion of security barrier system in the lump sum amount of $75,000, and the extension of the Project scope to include Lincoln Road Mall from Washington Avenue to Collins Avenue, in the not-to-exceed amount of $400,000. • Revised Agreement amount $5,135,000. Page 689 of 878 City of Miami Beach Capital Improvement Projects Office 1700 Convention Center Drive, Miami Beach, FL 33139 Att. Mr. Gomez and Mr. Lopez Medina Project: 1605 – Lincoln Road District Improvements Re: Additional Scope of Work and Contract Reevaluation Additional Service #1 01.24.2017 Dear Mr. Gomez and Mr. Lopez Medina I am submitting a request for approval for the above-referenced additional services and associated amendment of the agreement between the City of Miami Beach and James Corner Field Operations LLC for professional architectural and engineering services for the Lincoln Road District Project dated of June 23, 2016. PROPOSAL DESCRIPTION This proposal includes Design Team fees for additional services associated with the following items: A. Budget and Contract Reevaluation in response to the Finance and Citywide Projects Committee of the City of Miami Beach recommendation that the Lincoln Road Designs be advanced to match the proposals included on the Master Plan and the Construction Budget be increased accordingly. B. Request to include anti-ram vehicle barriers (safety bollards) along the pedestrian portion of Lincoln Road and Drexel Avenue. C. Request extend the Lincoln Road Improvements scope to include the implementation of the Master Plan proposals for Lincoln Road from Washington Ave to Collins Ave (200-300 blocks). PROPOSAL SCOPE A. Budget and Contract Reevaluation Description: James Corner Field Operations’ scope of work included as part of the Prime Agreement dated of June 23, 2016 encompassed the design of Phase 1 of the Lincoln Road District Improvements assuming components of the Master Plan scope equivalent to $22,486,651 in construction costs and a design fee of 15.56%. After demonstrating the allocated budget will not cover a large part of the proposed Master Plan improvements for Lincoln Road, on October 28th, the Finance and Citywide Projects Committee of the City of Miami Beach voted to recommend the Lincoln Road District designs be advanced to match the proposals included on the Master Plan and the Construction Budget be increased accordingly. The Master Plan’s order of magnitude cost estimate completed on August of 2016 estimated improvements for Lincoln Road, Meridian, Drexel and Pennsylvania Avenues at $38,983,962 in construction costs. Against this budget, the current design fees are equivalent to 8.9%, below the industry standard for a project of this nature especially considering that these fees include both design services and construction administration through the duration of Phase 1 of the project. Proposed Add-Service and Contract Amendment: Page 690 of 878 2 Given the Commission’s recent direction, James Corner Field Operations is requesting a re-evaluation of the current contract and fee resources based on points outlined on the memo submitted to the City on November 14th, 2016 revised on January 24, 2017 and included on this proposal as an attachment. B. Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies Description: The City of Miami Beach Capital Improvement Project Office requested JCFO and their sub consultants incorporate anti-ram vehicle barriers (safety bollards) along the pedestrian portion of Lincoln Road and the proposed pedestrianized portion of Drexel Avenue as an anti-terrorism measure. Proposed Add-Service: Task B1- Risk Assessment In order to establish the proper and most effective placement of anti-ram vehicle barriers (safety bollards), JCFO recommends a risk assessment study is developed by a specialized engineer. The scope of work for this study will include the following:  Vehicle Vector Study The study will determine the approach speeds of both a sedan and truck to the pedestrian portion of Lincoln Road from Washington Ave to Alton Road and well as the proposed pedestrianized portion of Drexel Ave from Lincoln Lane South to Lincoln Lane North. There are nine (9) cross street with sixteen (16) potential entrance points from the mapped roads. This study will result in establishing the maximum credible attack speed with the current road geometry.  Review the available existing underground utility survey and proposed underground utility layout for each intersection, identify potential subgrade interference and potential conflicts with future security barriers. Test pits may be required depending on the available information.  Provide a summary of types of anti-ram vehicle barriers and pros and cons, based on the engineer’s experience designing anti-ram perimeters.  One trip to the site including a meeting with the City to discuss the study and recommendations. Task B2- Implementation Following the recommendation of the Risk Assessment Analysis, JCFO and their sub consultants will develop construction drawings and specifications to incorporate the anti-ram vehicle barriers (safety bollards) into the Lincoln Road Improvements final construction documents including areas from Washington Ave to Lenox Ave and Drexel Avenue from Lincoln Lane North to Lincoln Lane South. Upon the City’s direction, JCFO and their sub consultants can also prepare documents to incorporate the recommended anti-ram vehicle barriers (safety bollards) on the 1100 block between Lenox Ave and Alton Road. The fee proposal for this scope assumes the bollards will be off-the-shelf products engineered by the manufacturer based on the City’s approved vehicle impact ratings. Design and engineering of custom vehicle deterrents is not anticipated in the proposed fee. It is assumed that construction costs for the implementation of bollards will be in addition to the current project budget. C. Extension to 200-300 blocks Description: The City of Miami Beach Capital Improvement Project Office requested the Lincoln Road Improvements scope of work be extended in order to include the implementation of the Master Plan proposals for Lincoln Road from Washington Ave to Collins Ave (200-300 blocks). Proposed Add-Service Page 691 of 878 3 JCFO and their sub consultants will advance the master plan design proposals for these two additional blocks with the ultimate goal to include this additional scope in the Lincoln Road Improvements final construction document set, including drawings and specifications. The design will include the intersection at Collins Ave and Lincoln Road. The fee proposal for this scope anticipates additional topographic, underground utility and existing tree surveys, cost estimating for SD and DD drawing sets, a traffic study to support the design proposal, design services for traffic, civil and MEP engineering, landscape architecture including paving, street furniture and planting, irrigation, wayfinding and lighting as well as construction administration services assuming implementation at the same time as the rest of Lincoln Road. It is assumed that construction costs for the implementation improvements on these blocks will be in addition to the current project budget. SCHEDULE A detailed schedule for the development of items B and C will be provided subsequent to this proposal however, it is anticipated that permitting and final construction documents will be completed in conjunction with the rest of the current Lincoln Road District Improvement Scope. PROPOSAL FEE The fees for items A, B and C are included on the fee breakdown below. Fees include JCFO and sub consultant fees as well as associated expenses. Please refer to tables A, B and C for a full breakdown of each fee. Item Description Lump Sum Fee A Budget and Contract Reevaluation $799,000.00 USD B Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies $75,000.00 USD TOTAL LUMP SUM $874,000.00 USD Allowance not to exceed C Extension to 200-300 blocks $400,000.00 USD TOTAL ALLOWANCE NOT TO EXCEED $400,000.00 USD GRAN TOTAL NOT TO EXCEED $1,274,000 USD Attachments: 1- Budget and Contract Reevaluation memo submitted to the City on November 14th, 2016 revised on January 24, 2017. 2- Tables A, B and C fee breakdowns. We appreciate your review of this proposal. Sincerely, Isabel Castilla Principal, James Corner Field Operations Page 692 of 878 MEMO TO: Diego M. Lopez Medina and David Gomez CC: James Corner, Lisa Switkin FROM: Isabel Castilla DATE: November 14th, 2016 (Revised January 24, 2017) RE: Lincoln Road District Improvements – Budget and Contract Reevaluation ------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Lopez Medina and Mr. Gomez- James Corner Field Operations’ scope of work included as part of the Prime Agreement dated of June 23, 2016 encompassed the design of Phase 1 of the Lincoln Road District Improvements assuming components of the Master Plan scope equivalent to $22,486,651 in construction costs and a design fee of 15.56%1. After demonstrating the allocated budget will not cover a large part of the proposed Master Plan improvements for Lincoln Road, on October 28th, the Finance and Citywide Projects Committee of the City of Miami Beach voted to recommend the Lincoln Road District designs be advanced to match the proposals included on the Master Plan and the Construction Budget be increased accordingly. The Master Plan’s order of magnitude cost estimate completed on August of 2016 estimated improvements for Lincoln Road, Meridian, Drexel and Pennsylvania at $38,983,962 in construction costs. Against this budget, the current design fees are equivalent to 8.9%, below the industry standard for a project of this nature especially considering that these fees include both design services and construction administration through the duration of Phase 1 of the project. Given the Commission’s recent direction, James Corner Field Operations is requesting a re-evaluation of the current contract and fee resources based on points outlined below. 1. Add-alternates Current Agreement Schedule B Consultant Compensation Consultant Compensation included add-alternate fees for (1) the design and programing of an interactive directory and visitor guide and (2) for the pedestrianization of Drexel Avenue including, design, engineering and a traffic studies. Proposed Adjustment Both of these are key elements of the Master Plan therefore we request the approval of the fees associated with these add-alternates, totaling $371,000 in order to meet the Commission’s directive. Please refer to Schedule B of the current contract and attached fee table. 2. Value Engineering Studies Current Agreement Schedule A Scope of Services Exclusion #14 On August 29th, 2016, the City of Miami Beach provided the Design Team a notice to proceed on Task 2A (Phase 1 Schematic Design) with a directive to perform value engineering studies in order to meet the current construction budget of $14.05M allocated for Lincoln Road. Over the course of 7 weeks, JCFO along with some of their sub consultants developed various design studies to value engineer Lincoln Road’s improvements targeting the $14.05M Construction Budget allocated for this area. 1 Fee includes design and construction administration services as well as travel and printing expenses but does include add- alternates. Construction costs do not include costs and fees associated with infrastructure work. Page 693 of 878 2 Proposed Adjustment Work equivalent to four weeks of full time staffing was dedicated to value engineering studies that are now obsolete. Given the recent change in direction, we request compensation for this additional time and effort as outlined on attached table and based on a monthly rate for SD established on the invoicing schedule. 3. Budget Presentation to Finance and Citywide Projects Committee Current Agreement Schedule A- Scope of Services Item #2 listed under exclusions, states meetings and presentations beyond those listed in the scope of work and Schedule K- meeting schedule, are excluded. The scope of work also anticipated two trips during task 2: Trip #2 completed on October 10th to 12th Trip #3 to be completed at the end of the task and to include community, block by block, stakeholder and city staff meetings. Proposed Adjustment Per the City’s request, JCFO traveled to Miami on October 28th to present the budget and VE studies to the Finance and Citywide Projects Committee. Given this trip and presentation were not anticipated as part of the current scope of work, JCFO is requesting a compensation of $4,640 for time spent in preparation of materials for this meeting, travel and presentation time and well a reimbursement for the incurred travel expenses totaling $750. 4. Contract Terms and Establishment of Project Costs Current Agreement Article 4- Responsibility for Project Costs Article 4 establishes the Consultant’s responsibility to design the Project so that the Construction Cost Budget does not exceed that outlined on Schedule D- Construction Cost Budget or $22,486,651. This article requires the redesign of the Project if after each cost estimate, the estimate exceeds the stated percentage based on each phase of design and if the base bid exceeds the Construction Cost Budget by more than 10%. Proposed Adjustment JCFO suggests the responsibility stated under this clause related to a Construction Budget of $22.4M is revised for the Schematic Design task (Task 2A). Schematic Design will be developed following the Master Plan schemes estimated in August of 2016 at $38.9M. We also suggest the City consider establishing a new Construction Cost Budget to serve as a reference for this Article based on the reconciled Schematic Design cost estimates developed by the Consultant’s estimator and Project’s Construction Manager at the end of the Schematic Design period. 5. Project Schedule Current Agreement Schedule E- Project Schedule The project schedule outlined a Task2A duration of 12 weeks of design followed by 5 weeks of cost estimating and review. To date, 7 weeks have been dedicated to Schematic Design followed by four weeks where the majority of the work has been suspended to allow for the City’s evaluation of the current scope and budget. We estimate four of the seven weeks of completed design work were dedicated to VE studies that are no longer applicable to the project. Proposed Adjustment We propose the project schedule be re-adjusted as outlined on the attached revised schedule table assuming a start date of November 14th, 2016 and a total 8 week schedule increase accounting for 4 weeks of redesign work and 4 weeks of suspended work. 6. Fee Re-evaluation Request The Master Plan’s order of magnitude cost estimate completed on August of 2016 estimated improvements at $38,983,962 in construction costs. Against this budget, the current design fees, which Page 694 of 878 3 include both design and construction administration services are equivalent to 8.44%, significantly below the industry standard for a project of this nature. James Corner Field Operations is requesting a re-evaluation of the current fee resources and an increase of $324,652 in fees in order to increase the design and construction administration fees to a total of 11% against the $38.9M estimated costs. This percentage is within the lowest end of standard industry practice for a project of this nature and includes both design and construction administration services. This increase in fee anticipates additional fees for JCFO and their subconsultnats and includes fees associated with all design tasks as well as Construction Administration fees. The fee increase request considers the inclusion of previously agreed to add-alternate fees for (1) the design and programing of an interactive directory and visitor guide and for (2) the pedestrianization of Drexel Avenue as outlined on Schedule B of the current contract as well as additional fees requested for items #2 and #3 described above. We appreciate your review of this request. Page 695 of 878 TABLE A- Budget and Contract Reevaluation Project Lincoln Road District Improvements Phase Phase 1 Date 11/9/2016 (revised 01/24/2017) Design Fee % against $22.4M CB* % against $38.98M CB** CURRENT DESIGN FEES 3,500,000$ 15.56% 8.98% ADDITIONAL FEES ADD ALTERNATES Add-Alt #1 Interactive Directory and Visitor Guide TOTAL 86,000$ Add-Alt #2 Pedestrianization of Drexel TOTAL 285,000$ ADD ALTERNATE GRAND TOTAL 371,000$ VALUE ENGINEERING STUDIES JCFO 95,333$ Chen Moore 2,625$ CHANGES IN DIRECTION TOTAL 97,958$ PRESENTATION TO FINANCE AND CITYWIDE PROJECTS COMMITTEE JCFO 4,640$ travel expenses 750$ PRESENTATION TOTAL 5,390$ FEE RE-EVALUATION TOTAL 324,652$ TOTAL ADDITIONAL FEES - LUMP SUM 799,000$ REVISED FEE GRAND TOTAL 4,299,000$ 11.03% Notes: * Total construction budget provided by the CMB as stated on Schedule D of June 23,2016 Prime Agreement ** Total estimated construction budget for Areas A, and B per August 3, 2016 Order of Magnitude Cost Estimate based on Master Plan designs. Page 696 of 878 TABLE B- Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies Project Lincoln Road District Improvements Phase Phase 1 Date 1/24/2017 DISCIPLINE TOTALS Task B1- Risk Assessment THORNTON TOMASETTI Risk Assessment and Engineering $35,000.00 Task B2- Implementation FIELD OPERATIONS Project Lead / Landscape Architecture / Urban Design / Public Engagement $10,000.00 ENGINEERING ALLOWANCE $10,000.00 TOTAL LUMP SUM $55,000.00 Add-Alternate Implementation of bollards on the 1100 block $20,000.00 GRAND TOTAL $75,000.00 Page 697 of 878 TABLE C-Extension to 200-300 blocks Project Lincoln Road District Improvements Phase Phase 1 Date 1/24/2017 DISCIPLINE TOTALS FIELD OPERATIONS Project Lead / Landscape Architecture / Urban Design / Public Engagement $200,000.00 RODRIGUEZ & QUIROGA Historic Restoration $0.00 KIMLEY-HORN Above Ground Civil Engineering, Traffic and Transportation Engineering $100,000.00 ROBERT SILMAN ASSOCIATES Structural Engineering $0.00 JALRW MEP Engineering $15,000.00 CHEN MOORE & ASSOCIATES Local LA, Irrigation, Code Consulting $10,000.00 TROPICAL DESIGNS OF FLORIDA Horticulture & Arborist $2,000.00 PENTAGRAM Signage & Identity $10,000.00 HLB LIGHTING DESIGN Lighting Design $15,000.00 DELTA FOUNTAINS Water Feature Design & Engineering $0.00 CRAUL LAND SCIENTISTS Urban Soils $0.00 BISCAYNE ENGINEERING Above-grade Surveying- Phase 1 Only $17,000.00 CMS INC. Cost Estimating- Phase 1 only $16,000.00 INFRAMAP utility survey $15,000.00 TOTAL ALLOWANCE NOT-TO-EXCEED 400,000.00$ Page 698 of 878 Re solutions - R7 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER TO EXERCISE THE FI RST ONE (1) YEAR RENEWAL OPTION PURSUANT TO THE MIAMI BEACH TENNI S MANAGEMENT, LLC AGREEMENT TO PROVIDE PROFESSIONAL TENNI S MANAGEMENT AND OPERATIONS SERVI CES AT THE CITY’S FLAMINGO AND NORTH SHORE TENNIS CENTERS. RECOMMENDATION Adopt the resolution. ANALY SIS On February 11, 2013, the City issued a Request f or Proposals No. 095-2013ME for Professional Tennis Management and Operation Services at the City’s Flamingo and North Shore Tennis Centers (the Tennis Centers). On April 23, 2014, the Mayor and City Commission adopted Resolution No. 2014-28572, accepting the recommendation of the City Manager and authorizing the Administration to enter into negotiations with Miami Beach Tennis Management, LLC (MBTM), as the top-ranked proposer, to manage and operate the Tennis Centers. On July 9, 2014 the Mayor and City Clerk executed an Agreement with MBTM, f or an initial term of three (3) years, terminating May 31, 2017. The City reserved the right, at its sole option and discretion, and provided further that the Contractor be in good standing under the Agreement, to renew the Agreement for two (2) additional one year terms by providing the vendor at least sixty (60) days prior written notice of its intent to renew the Agreement. ANALYSIS MBTM has consistently offered new and improved programming at both the Flamingo and North Shore Tennis Centers f or adults and children. In particular, the After School Tennis Programs and the Miami Beach Tennis Academy have had many children not only learn the f undamentals of tennis, but also improved the professional training of those children who play at higher and Page 699 of 878 more competitive levels. These programming efforts have allowed MBTM to generate a healthy and steady revenue stream to the City through affordable program of f erings. MBTM has also of f ered f ree one hour lessons 2-3 times per week to the children enrolled in the after school programs through the Parks and Recreation Department at the Tennis Centers, introducing the game of tennis to hundreds of children at no cost. During the summer, MBTM also provides free instruction to Parks and Recreation summer campers f or 2 hours at each facility at no cost to the participant. In total, MBTM has provided instruction to over 3,000 children. MBTM has also been a great community partner organizing many community events such as: · The Big Serve: a uniting of local foundations to provide an opportunity for the underserved youth in the Miami Beach community. This event offered free clinics, a racquet, bag and balls to each of the 400 kids participating. · The Century Tennis Tournament: community event celebrating the City of Miami Beach’s 100 Birthday which offered instructional clinics and a doubles tournament where participants combined age was 100. · Pro-Event Fundraiser with Touring Pro: event held to raise money for the Miami Beach Tennis Foundation (started by MBTM) which consisted of an exhibition and instructional clinic featuring a top 50 world player. · JAFCO Community Fundraiser: fundraiser and team tournament held at the North Shore Tennis Center to help raise money for abused and foster children. In addition to these events, MBTM has also participated in the City of Miami Beach’s Ciclovia events and has brought in HEAD Racquet Sports and Babolat Racquets f or demo days of racquet testing and instructional clinics. MBTM improved on their customer service by revamping their website to provide better information, seamless online registration f or adult and junior instructional programs, court reservations, events and tennis packages. They will be rolling out a new “app” within a month to further enhance their customer service initiatives. Their use of social media applications such as Facebook, Twitter and Instagram has also helped grow MBTM’s visibility to the local and national tennis market which has increased participation and revenue. In 2015, MBTM started the Miami Beach Tennis Foundation which offers instructional programs to underserved children in the Miami Beach community. Administered through the Miami Foundation, it has provided numerous scholarships to the Miami Beach Tennis Academy and of f ers f ree summer camps and af ter school programs through our Parks and Recreation programs. At the North Shore Tennis Center, the Junior Development Program has provided top quality instruction, player development and scholarships to Miami Beach children. This is the first academy to launch on Miami Beach in 15 years. Moving f orward, it is the goal of MBTM to continue to grow the foundation to enable the Junior Development Academy at the North Shore Tennis Center to prosper. Through fundraising events and community awareness programs, it is the goal of MBTM to be a vital part of the redevelopment and revitalization of the North Beach area. Additionally, MBTM is committed to grow all instructional programs and event offerings throughout the year and partner with local businesses and organizations to grow tennis in the Miami Beach Community. Page 700 of 878 CONCLUSION Af ter reviewing the terms and conditions of the executed Agreement, as well as the performance history of MBTM, the City Manager recommends that the Mayor and City Commission approve the resolution authorizing the Administration to exercise the first of two one (1) year renewal options with MBTM. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As A World Class Destination FINANCIAL INFORMATION All expenditures will be based on f unds approved through the City's budgeting process. Grant funding will not be utilized f or these services. Legislative Tracking Parks and Recreation / Procurement ATTACHMENTS: Description Reso Page 701 of 878 Page 702 of 878 Page 703 of 878 Resolutions - R7 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND THE CITY COMMISSION OF MIAMI BEACH, FLORI DA, I NCORPORATING BEST MANAGEMENT PRACTI CES FOR LANDSCAPING BY INCLUDI NG THE USE OF THE FLORI DA-FRIENDLY LANDSCAPING GUI DE TO PLANT SELECTION AND LANDSCAPE DESIGN W HEN REDEVELOPING CITY PARKS AND CI TY-OWNED LAND. Legislative Tracking Environment & Sustainability / Greenspace ATTACHMENTS: Description AttachmentA_Greenspace_Reso MEMO_Greenspace_final Page 704 of 878 RESOLUTION 2017- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE -CITY -OF MIAMI -BEACH, FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN REDEVELOPING CITY PARKS AND CITY-OWNED LAND. WHEREAS, pursuant to Sections 125.568, 166.048, 373.185, and 373.228 of the Florida Statutes, local governments should consider the adoption of the principles and standards in the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design ("Florida-Friendly Landscaping"); and WHEREAS, Section 373.62 of the Florida Statutes, that regulates the installation of rain sensor devices on automatic lawn sprinkler systems, follows Florida-Friendly Landscaping standards; and WHEREAS, the Florida Watershed Restoration Act and the National Pollutant Discharge Elimination System (NPDES) municipal stormwater permitting program require local governments to reduce pollutant loads discharged from their stormwater management systems to better protect and restore surface and ground waters; and 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 Biscayne Bay Aquatic Preserve, all of which support a wide variety of flora and fauna; and WHEREAS, protecting the City's watershed and keeping our waterways clean is critical to our local ecosystem, our residents, and our economy; and WHEREAS, the City recognizes the need for the protection of water as a natural resource through the application of Florida-Friendly Landscaping practices; and WHEREAS, Florida-Friendly Landscaping promotes the conservation of water by the use of site adapted plants and efficient watering methods which generally results in a long-term reduction of irrigation, fertilizer, and pesticide requirements, costs, energy, and maintenance; and Page 705 of 878 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION / Date WHEREAS, Florida-Friendly Landscaping encourages a reduction of total energy expenditures for such items as water pumping and treatment, the manufacture and shipping of fertilizers, insecticide, and other gardening chemicals, the operation and maintenance of mowers, edgers, blowers, and other combustion based yard equipment, as well as labor; and WHEREAS, community-wide Florida-Friendly Landscaping efforts are designed to save significant amounts of water to preserve local water supplies such that cumulative benefits may reduce or postpone the need for community potable water supply expansion; and WHEREAS, it is the City's goal to reduce the risk to human health and the environment by minimizing the use of pesticides and using landscaping best management practices, emphasizing proven, effective, least-toxic, and non-toxic approaches and products in City practices; and WHEREAS, the City seeks the reduction of the use of Restricted Use Pesticides for pest control through the incorporation of best management practices, including Florida-Friendly Landscaping standards, to be used by City employees and contractors working for the City when redeveloping City parks and City-owned land; and WHEREAS, this Resolution will preserve and enhance the health and environment of the City of Miami Beach. 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 incorporate best management practices for landscaping by including the use of Florida-Friendly Landscaping when redeveloping City parks and City-owned land. PASSED AND ADOPTED this day of , 2017. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk Page 706 of 878 City of Miami Beach, 1700 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: February 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN REDEVELOPING CITY PARKS AND CITY- OWNED LAND BACKGROUND At the October 26, 2016 Sustainability and Resiliency Committee (SRC), the Committee passed a motion directing staff to work with the City Attorney’s Office on drafting a resolution for approval by the City Commission directing City Departments to incorporate best practices into existing operations. This includes the use of Florida native species and Integrated Pest Management (IPM) when maintaining and redeveloping parks and City owned land. At the January 18, 2017 SRC, the Committee referred the resolution to City Commission with a favorable recommendation to adopt the resolution. 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 Industries Best Management Practices for pest control management, which uses Florida Friendly Landscaping (FFL) and IPM as its foundation. IPM emphasizes proper horticultural methods that reduce the need for pesticides and fertilizers. The Parks and Recreation Department and Greenspace Management Division follow FFL principles to 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 (IPM), 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. Page 707 of 878 At the request of the SRC, the Greenspace Management Division has developed in-house a resilient FFL project for City Hall that was presented to City Commission on January 11, 2017. The project was accepted by the City Commission and staff was directed to divert and identify funding. 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 proposed resolution provides landscaping guidelines, including the use of Florida Native Species and proper guidelines for redeveloping parks and City owned land. In addition to the proposed resolution, staff is updating landscape specifications used in the Public Works Manual and sustainable procurement specifications. CONCLUSION The following resolution is presented to the members of the Mayor and City Commission for discussion. Staff recommends adoption of the proposed resolution. Attachment A: City of Miami Beach Florida-Friendly Landscaping Resolution ECT/JR/RK/ESW/FCT Page 708 of 878 Resolutions - R7 L COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:RESOLUTI ON OF THE MAYOR AND CITY COMMISSION OF THE CI TY OF MI AMI BEACH, FLORI DA, APPROVI NG AND AUTHORI ZI NG THE CITY MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, WITH AN ACCOMPANYING EASEMENT AGREEMENT FOR THE PRIOR UPLAND OWNER, SO THAT THE PRIOR UPLAND OW NER MAY HAVE ACCESS TO THE SEAWALL TO DEVELOP A DOCK; ALONG THE APPROXIMATELY 4,000 LI NEAR FEET OF SEAWALL ALONG INDI AN CREEK DRIVE; SO THAT THE CITY AND THE FLORI DA DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE THE CONSTRUCTI ON OF A 5.7 NAVD ELEVATI ON SEAWALL BARRIER WALL, W HICH WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDI AN CREEK DRIVE, BETWEEN 26TH STREET AND 41 ST STREET. RECOMMENDATION The Administration recommends approving the Resolution. ANALY SIS On September 27, 2016, the City Commission adopted Resolution 2016- 29584, which authorized the City Manager to accept the transf er to the City, via quit claim deeds, of approximately 4,000 linear feet of seawall along Indian Creek Drive f rom the private property owners adjacent to Indian Creek Drive, so that the City and the Florida Department of Transportation (FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier wall to improve street drainage and raise the road elevation f or Indian Creek Drive between 25th and 41st. Streets. During the September 27, 2016 City Commission meeting, several property owners along Indian Creek Drive requested to work with the City to develop a quit claim deed that would also provide easement rights to the upland property owners, to be able to build a dock, or similar structure, in the future, on the water-ward side of the seawalls. The Mayor and City Commission had no objection to said request but requested that the form document be brought back to the City Commission for approval. The City has worked with the various land use lawyers to develop a template quit claim deed and easement agreement to allow the dock usage. The proposed f orm of the modified quit claim deed and easement Page 709 of 878 agreement is attached hereto as Exhibit 1 . CONCLUSION The Administration recommends approving the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description Resolution and Attachment Page 710 of 878 ,. RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDs, WITH AN ACCOMPANYING EASEMENT AGREEMENT FOR THE PRIOR UPLAND OWNER, SO THAT THE PRIOR UPLAND OWNER MAY HAVE FOR ACCESS TO THE SEAWALL TO DEVELOP A DOCK; ALONG THE APPROXIMATELY 4, 000 LINEAR FEET OF SEAWALL ALONG INDIAN CREEK DRIVE; SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) MAY UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVO ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH STREET AND 41 ST STREET. WHEREAS, on September 27, 2016, the City Commission adopted Resolution 2016- 29584, which authorized the City Manager to accept the transfer to the City, via quit claim deeds, of approximately 4,000 linear feet of seawall along Indian Creek Drive from the Private Property Owners adjacent to Indian Creek Drive, so that the City and the Florida Department of Transportation (FOOT) may undertake the construction of a 5.7 NAVO elevation seawall barrier wall to improve street drainage and raise the road elevation for Indian Creek Drive between 25th and 41 st Streets; and WHEREAS, during the September 27, 2016 City Commission meeting, several property owners along Indian Creek Drive requested to work with the City to develop a quit claim deed that would also provide easement rights to the upland property owners, to be able to build a dock, or similar structure, in the future, on the water-ward side of the seawalls; and WHEREAS, the Mayor and City Commission had no objection to said request but requested that the form document be brought back to the City Commission for approval; and WHEREAS, the City has worked with the various land use lawyers to develop a template quit claim deed and easement agreement to allow the dock usage, which template document is attached hereto as Exhibit 1; and WHEREAS, the proposed form of the modified quit claim deed and easement agreement is attached hereto as Exhibit 1 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and authorize the City Manager to accept the transfer to the City, via quit claim deeds, with an accompanying easement agreement provided to the prior upland owners, so that the prior upland owners may have for access to the seawall to develop a dock; along the Page 711 of 878 approximately 4, 000 linear feet of seawall along Indian Creek Drive; so that the City and the Florida Department of Transportation (FOOT) may undertake the construction of a 5. 7 NAVO elevation seawall barrier wall, which would improve street drainage, and raise the road elevation for Indian Creek Drive, between 26th Street and 41 St Street. PASSED AND ADOPTED this_ day of February, 2017. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR E>fECUTION Q...lOt~~ · 1 -z_L~ 11 City Attome~ Dote T:\AGENDA\2017\February\Public Works\Resolution Policy Direction Indian Creek Drive and Quit Claim Deeds.doc Page 712 of 878 This instrument was prepared by and after recording should be returned to: Raul J. Aguila, City Attorney City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 (Reserved for Clerk of Court QUIT-CLAIM DEED AND EASEMENT AGREEMENT THIS QUIT-CLAIM DEED, made as of this __ day of , 2017 (the Effective Date), by , a company, whose address is ("First Party"), to the City of Miami Beach, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Second Party"): (Wherever used herein the terms First Party and Second Party shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires). WHEREAS, First Party wishes to sell the Property, as more particularly described herein, to Second Party, which Property has an adjoining seawall that is in disrepair, and Second Party is authorized to accept title to the Property and undertake the necessary repairs to the adjoining seawall, as authorized pursuant to City of Miami Beach Resolution No. 2016- 29584. WITNESSETH, that the said First Party, for and in consideration of the sum of Ten Dollars and other good and valuable consideration ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described land, situate, lying and being in Miami-Dade County, Florida, (the "Property'') and legally described as follows: TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and appurtenances thereunto belonging. The First Party reserves for itself, its successors and assigns a perpetual, non-exclusive easement of ingress and egress in, over, on, and through the Property, specifically for the benefit of First Party's property (as defined in the Easement Agreement), pursuant to the terms and conditions set forth in the Easement Agreement, incorporated herein by reference and attached hereto as Exhibit "A". EXHIBIT 1 ..L Page 713 of 878 IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ss: The foregoing instrument was a _________ company By:, _____________ _ Print Name: Title: acknowledged before me this day of ______ , 2017 by ____________ ~ as , on behalf of , a company, who is personally known to me or who has produced as identification. My Commission Expires: 2 Notary Public, State of Florida APPROVED AS TO FORM & LANGUAGE ~ & FOUECUTION c::::::K ---e C' (-_ j -Z. l ,... I 1 City Altom~ Date Page 714 of 878 Exhibit "A" Easement Agreement This Easement Agreement ("Easement Agreement") is made this _ day of ----,-,.---• 2017, by and between the City of Miami Beach, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and , a company, whose address is ____ ("Company") (the City or Company may be referred to herein individually as a "party" or collectively as "parties"); WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade County, Florida ("City's Property") legally described as: WHEREAS, the Company is the owner of that land, situate, lying and being in Miami- Dade County, Florida ("Company's Property") legally described as: WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for ingress and egress on, in and over the City's Property, with the exact location(s) to be determined at a future date, in connection with any future development of Marine Related Uses, as defined in Section 2, which uses are anticipated to be developed adjacent to or near the seawall adjacent to the City's Property, specifically for the benefit of Company's Property; WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive easement granted herein pursuant to City of Miami Beach Resolution Number _____ _ WHEREAS, the City Manager as referenced in this Easement Agreement shall mean the chief executive officer of the City or such person (the City Manager's designee) as may from time to time be authorized in writing by such administrative official to act for him/her with respect to any or all matters pertaining to this Easement Agreement. NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein as part of this Easement Agreement. 2. the City does hereby grant to Company, its successors and assigns, a perpetual, non- exclusive easement for ingress and egress in, over, on, and through the City's Property, for the benefit of the Company Property, in connection with the construction, operation and maintenance of Marine Related Uses and subject to the terms and conditions set forth herein. 3. As referred to herein, Marine Related Uses shall include water transportation stops, wet dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft rental, and other similar improvements and activities associated with the use of the waterway. 4. Company will have the right to construct, maintain and operate, at its sole cost and expense, improvements in connection with a Marine Related Use ("Marine Improvement"). All Marine Improvements shall require the City Manager's prior written 3 Page 715 of 878 consent, which consent shall not be unreasonably withheld, and provided that the proposed Marine Improvement does not interfere with the City's use of the City's Property; does not pose a public health, safety or welfare risk; or does not pose a risk of damage to the improvements at the City's Property, which City improvements may include, but are not limited to the seawall/retaining wall, utilities, public access and pedestrian walkway, or other City improvements. 5. All approved Marine Improvements shall be constructed, operated and maintained in Gompliance with all applicable regulations of the Federal, State, County, City of Miami Beach Code of Ordinances, and any other regulations governing the Marine Related Use (collectively, "Laws"). Following completion of any Marine Improvement, Company, at its sole cost and expense, shall have the sole responsibility for repairing and maintaining the Easement Area and the Marine Improvements, including any surrounding area, which may include the seawall, if applicable. Company shall provide the same level of maintenance for the Easement Area and Marine Improvements as the City currently provides for similar areas and similar improvements, but at minimum, the Marine Improvements shall be maintained and operated in a safe, clean and orderly manner. 6. Should Company fail to maintain the Easement Area or any Marine Improvements constructed in connection with any Marine Related Uses, upon receipt of thirty (30) days written notice from the City, and Company's failure to remedy the condition to the City Manager or City Manager's designee's satisfaction, the City may, but without an obligation to do so, undertake Company's repair obligation and Company shall reimburse the City for said expense within thirty (30) days from presentment of the invoice. 7. Subject to the limitations set forth in Section 4, Company shall have the right to access any portion of the City's Property which may be reasonably necessary to grant Company access to the Marine Improvements or in connection with the operation of the Marine Related Use. Upon the City approving a Marine Improvement, the parties shall execute an amendment to this Easement Agreement, attaching a sketch of the Marine Improvement and the legal description of the easement area ("Easement Area"), describing the location of the Marine Improvement and access locations at the City's Property for ingress and egress related to the Marine Improvement or Marine Related Use. 8. The City shall not withhold or obstruct Company's access to the Easement Area through the installation of a fence or other similar means; except as may be necessary in connection with any repairs or improvements to the City's Property, such as the installation of a new seawall/retaining wall; or as may be necessary for the health, safety, or welfare of the general public. 9. The Easement may be modified, amended, or released as to any portion of the Easement by a written instrument executed by both parties hereto or their successors or assigns, providing that same has been approved by the City Commission. 10. It is understood and agreed that any City official has the right to enter and investigate the use of the Property, to verify compliance with the conditions of this Easement Agreement or any applicable Laws. 4 Page 716 of 878 11. Company, its employees, agents, servants, partners, principals or subcontractors (collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its officers, employees, agents and instrumentalities (collectively, "Indemnified Parties") from any and all liability, losses or damages, including the costs of any suits, attorney's fees and other expenses in connection therewith, including trial and appeals therefrom, which the Indemnified Parties may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligence of the Indemnifying Parties; use of the Easement Area or Marine Improvement; or in connection with the Maritime Related Use. 12. Insurance. a. Construction Insurance. Upon approval of a Marine Improvement by the City, but no later than the date Company secures all required governmental approvals to commence construction, Company shall purchase insurance, as may be requested by the City Manager or his designee, based upon insurance coverages customary for the construction of the approved Marine Improvement, which may include, without limitation, Builder's Risk insurance; Payment and Performance Bond for the value of the construction of the Marine Improvement and Commercial General Liability insurance for the Contractor, reflecting the City as an additional insured (collectively "Construction Insurance"). b. Upon completion of the first approved Marine Improvement, Company shall secure and thereafter maintain, at all times, insurance covering the Easement Area and all completed Marine Improvements, as may be requested by the City Manager or his designee, based upon insurance coverages customary for the completed Marine Improvement, but in any event, Company shall maintain the following minimum insurance requirements: 1. Commercial General Liability: $1,000,000 per occurrence; $2,000,000 in the aggregate. 2. Property: Full replacement value for any completed Marine Improvements within the Easement Area. Such insurance policies shall name the City as an additional insured and loss payee thereunder; shall be written by insurance companies licensed to do business in Florida and with general policyholder rating of no less than A-and a financial rating of at least VII; and shall provide for waiver of subrogation. Company shall provide the City with a certificate of insurance evidencing said coverages. Company shall provide the City with written notice of any cancellation of coverage within two (2) days from receipt of any notification of cancellation to: The City of Miami Beach Attention of Risk Manager 1700 Convention Center Drive Miami Beach, Florida 33139 The City reserves the right to modify the insurance requirements, in the City Manager or his designee's reasonable discretion, based upon any change in the type or number of Marine Improvements constructed. 13. Any notices required or permitted to be given under this Easement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, 5 Page 717 of 878 , ..... return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: With a copy to: If to Grantee at: With a copy to: City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 3313 Attention: City Manager City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 3313 Attention: City Attorney Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. The terms of this Section shall survive the termination of this Easement Agreement. 14. Either party may bring an action, at Jaw or in equity, to enforce the terms and conditions of this Easement Agreement against any party or person violating or attempting to violate any provision of this Easement Agreement, either to restrain violations or to recover damages. 15. This Easement 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 and conditions herein, exclusive venue for the enforcement of same shall be Miami-Dade County, Florida. This Easement Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY 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 EASEMENT AGREEMENT. 16. Entire Agreement. This Easement Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written. 17. City Representations. City covenants, warrants and represents (i) that City is the fee simple owner of the City's Property and has the right, title and capacity to grant the 6 Page 718 of 878 perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on the Easement Property. 18. Easements and Covenants Run with the Land. Each and all of the easements, covenants, obligations and rights granted or created under the terms of this Easement Agreement are appurtenant to the City's Property. The provisions hereof shall run with the land, shall be binding on the parties hereto, their successors and assigns, and shall inure to the benefit of Company's Property. [Signature Pages Follow] 7 Page 719 of 878 I' Signed, witnessed, executed and acknowledged this __ day of _______ , 2017. Signed, sealed and delivered in the presence of: Witnesses: Print Name: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Company _____ _ a ___________ company By: _____________ ~ Print Name: Title: The foregoing instrument was acknowledged before me this __ day of ______ , 2017 by as __________ , on behalf of , a company, who is personally known to me or who has produced as identification. My Commission Expires: Notary Public, State of Florida 8 Page 720 of 878 Signed, witnessed, executed and acknowledged this __ day of _______ , 2017. Signed, sealed and delivered in the presence of: Witnesses: Print Name: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) City of Miami Beach, a Florida municipal corporation By: _____________ _ Print Name: Title: The foregoing instrument was acknowledged before me this day of ______ , 2017 by as , on behalf of the City of Miami Beach, a Florida municipal corporation, who is personally known to me or who has produced as identification. My Commission Expires: Notary Public, State of Florida 9 Page 721 of 878 Resolutions - R7 M COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul Aguila, City Attorney DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, ESTABLISHI NG AN OATH OF CIVILI TY FOR CITY APPOINTED AND ELECTED OFFICIALS. ANALY SIS See Memorandum Attached. Legislative Tracking Of f ice of the City Attorney and Of f ice of the City Clerk Sponsor Mayor Philip Levine & Co-sponsored by Vice-Mayor Joy Malakof f and Commissioner John Elizabeth Aleman ATTACHMENTS: Description Memorandum Resolution Attachment-LT C Page 722 of 878 t\A Al\A EAC H OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MOR1ES CITY ATTORNE DATE: FEBRUARY 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS The Miami-Dade County Ethics Commission recently adopted a Resolution requesting that municipalities consider expanding upon the oath of office administered to City elected and appointed officials by including therein an "Oath of Civility", reading as follows: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant" Mayor Philip Levine has reviewed this issue and has requested introduction of the attached City of Miami Beach Resolution, believing adoption of such Oath to be consistent with prior legislative actions taken by the City Commission. This Oath is not meant to be exhaustive, but instead to set a tone or guide for conduct not specifically covered by the ethics laws applicable to City officials, with the intended underlying principles being good-faith, as well as civil and respectful communication by, between and among the City's officials and the public. Should the City Commission adopt the attached proposed City Resolution, all elected and appointed officials of the City shall be required to take this "Oath of Civility" prior to assumption of duties (in addition to the presently-imposed statutory oath of office). FROM: RAUL J. AGUILA Page 723 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS WHEREAS, the Mayor and City Commission of the City of Miami Beach are committed to the principles of civility, honor and dignity in conducting City business, and in maintaining such civility in public and political discourse during meetings of the City Commission and City boards and committees; WHEREAS, the City Commission's commitment to civility is prefaced upon its belief that uncivil conduct not only compromises the integrity of the governmental process, but also undermines a City official's ability to objectively represent his or her constituents; WHEREAS, pursuant to its January 11, 2017 Resolution, the Miami-Dade County Commission on Ethics and Public Trust has requested that municipalities in Miami-Dade County add the following "Oath of Civility" to the oaths of office administered to elected and appointed City officials: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant"; WHEREAS, finding the Ethics Commission's request to be consistent with the City Commission's above-referenced allegiance to civility and good government, the Mayor and City Commission hereby adopt the subject "Oath of Civility", and thus issue its precept requiring hereafter all elected and appointed officials of the City of Miami Beach to take such oath upon their assumption of duties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: Section 1. In addition to the statutory oath of office currently required of City officials, all elected and appointed officials of the City of Miami Beach shall hereafter be required to take the following "Oath of Civility": "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant"; Page 724 of 878 MaNtistmostspem City Attorney Data Section 2, Upon execution, said oath shall be filed as a public record in the City Clerk's Office. Section 3. The City Clerk and/or City board/committee staff shall present this Oath to incumbent (as of the date of this Resolution's adoption) City officials for their affirmation. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of , 2017. ATTEST: PHILIP LEVINE MAYOR RAFAEL E. GRANADO CITY CLERK (Sponsored by Mayor Philip Levine) (Co-Sponsored by City Commissioner John Aleman.) APPROVED AS TO FORM & LANGUAGE FOR EXECUTION FAATTOUGURRESOS-ORD \20 17 \Reso-Oath of Civil ity.docx Page 725 of 878 MIAMI BEACH OFFICE OF THE CITY CLERK No 041-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: January 24, 2017 SUBJECT: MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RESOLUTION Please see attached Civility Resolution passed on January 11, 2017 by the Miami-Dade Commission on Ethics and Public Trust. RESOLUTION OF THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RECOMMENDING ADOPTION BY MIAMI-DADE COUNTY AND EVERY MUNICIPALITY WITHIN THE COUNTY OF AN AMENDMENT ADDING AN OATH OF CIVILITY TO THE OATHS OF OFFICE ADMINISTERED TO ALL ELECTED AND APPOINTED PUBLIC OFFICIALS. Mr. Joseph Centorino, Executive Director and General Counsel of Miami-Dade Commission on Ethics and Public Trust, has requested that a copy of this resolution be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673.7411. LC/REG Attachment FACLER4ALLIILIAITC's - TransmIttal's\CIvIllty ResolutIon.docx Page 726 of 878 RESOLUTION OF THE MIAM-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RECOMMENDING ADOPTION BY MIAMI- DADE COUNTY AND EVERY MUNICIPALITY WITHIN THE COUNTY OF AN AMENDMENT ADDING AN OATH OF CIVILITY TO THE OATHS OF OFFICE ADMINISTERED TO ALL ELECTED AND APPOINTED PUBLIC OFFICIALS WHEREAS, the establishment of ethics in government and the practice of ethical conduct by public officials requires that those who hold the public trust practice and maintain respect -fetT th-e human: dignity of th-ar peers; subordinates; political allies_. - and adversaries, as well as members of the general public; and WHEREAS, the level of respect or disrespect for human dignity is most often on display in personal interactions between and among those who engage in public service, as well as those who aspire to public office in political campaigns; and WHEREAS, in the words of Thomas Jefferson, "It is the manners and spirit of a people which preserve a republic in vigour...a degeneracy in these is a canker which soon eats to the heart of its laws and constitution; and WHEREAS, through our common experience and the observed behavior of public officials, either personally or through the media, it has become apparent that there has occurred a degeneracy in the level of civility shown by too many of those who participate in government, including public servants, those who aspire to be public servants, and those who interact with public servants; and WHEREAS, it has reached a point where uncivil, rude, and insulting behavior, which demeans both the perpetrators as well as those subjected to such behavior, has become too prevalent and too accepted in government and in political campaigns at all levels; and WHEREAS, this lack of civility threatens the integrity and proper functioning of government and politics, not only in Miami.Dade County, but throughout the country; and WHEREAS, the practice of civility in government may be maintained at no cost to the taxpayers and without impeding the free flow of ideas or the vigorous debate of important public issues; and Page 727 of 878 WIMBAS, in 2011, the Florida Supreme Court added language to the Oath of Admission to The Florida Bar, sworn to by every newly-admitted attorney, requiring civility by attorneys to opposing parties and their counsel in court and in all written and oral communications; and WHEREAS, the same requirement and expectation of civility and integrity ought to apply to all of those sworn to serve in government; and WHEREAS, a review conducted by the staff of the Miami-Dade Commission on Ethics and Public Trust has revealed that such a requirement is absent from oaths of office administered to public officials in Miami-Dade County government and in the municipalities with the County, NOW, THEREFORE, BE IT FURTHER RESOLVED: 1) That the Miami-Dade Commission on Ethics and Public Trust recommends the adoption by the Miami-Dade County Commission and by the governing bodies of all municipalities within the County, of the following language, or language of similar import and meaning, in oaths of office administered to all elected and appointed public officials: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant." 2) That this RESOLUTION shall be communicated to the Clerks of all County and municipal governing bodies in Miami-Dade County together with a request that this proposed action be placed on the agenda at a forthcoming public meeting of each body. Adopted this day of ill -V.. 2017 TH I-DADE CO ON ON ETHICS AND PUBLIC TRUST Page 728 of 878 Resolutions - R7 N COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Raul J. Aguila, City Attorney DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, URGING THE FLORI DA LEGISLATURE TO EXPAND THE PACE PROGRAM AND TO ENACT OTHER MEASURES THAT SUPPORT RESILI ENCY IN THE STATE OF FLORIDA. RECOMMENDATION Pursuant to the request of Commissioner Kristen Rosen Gonzalez, this Resolution is submitted for consideration by the Mayor and City Commission at the February 8, 2017 Commission Meeting. Legislative Tracking Of f ice of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez Page 729 of 878 Re solutions - R7 O COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTION OF THE MAYOR AND THE CI TY COMMI SSI ON OF THE CITY OF MIAMI BEACH, FLORI DA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAI VING, BY 5/7TH VOTE, THE CI TY'S COMPETITIVE BI DDI NG REQUIREMENT, FI NDING SUCH WAI VER TO BE IN THE BEST INTEREST OF THE CI TY, AND APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESI GNEE, TO EXECUTE AN AGREEMENT WITH AT&T FOR TURNKEY NEXT GENERATION E911 PUBLIC SAFETY ANSWERING POINT (PSAP) EQUI PMENT AND SOFTWARE, INCLUSIVE OF MONTHLY MAINTENANCE RATES, FOR A FIVE (5) YEAR TERM, IN AN AMOUNT NOT TO EXCEED $1,081,880.00, FOR THE PURPOSE OF UPGRADING AND MAINTAI NING THE CI TY'S EXI STING AT&T EQUIPMENT AND NETW ORK, AND TO ENHANCE AND FACILI TATE THE SI TUS UPGRADE TO NEXT GENERATION 911, W HICH INCLUDES TEXT AND MULTIMEDIA CAPABI LITIES. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Emergency Management ATTACHMENTS: Description Resolution and Attachments Page 730 of 878 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH AT&T FOR TURNKEY NEXT GENERATION E911 PUBLIC SAFETY ANSWERING POINT (PSAP) EQUIPMENT AND SOFTWARE, INCLUSIVE OF MONTHLY MAINTENANCE RATES, FOR A FIVE (5) YEAR TERM, IN AN AMOUNT NOT TO EXCEED $1,081,880.00, FOR THE PURPOSE OF UPGRADING AND MAINTAINING THE CITY'S EXISTING AT&T EQUIPMENT AND NETWORK, AND TO ENHANCE AND FACILITATE THE CITY'S UPGRADE TO NEXT GENERATION 911, WHICH INCLUDES TEXT AND MULTIMEDIA CAPABILITIES. WHEREAS, on September 11, 2008, the City executed a five-year Special Service Arrangement Agreement ("SSAA") with AT&T (formerly Bellsouth) which provides emergency 911 telephone service and support for the Public Safety Communications Unit ("PSCU") of the City's Department of Emergency Management at both Public Safety Answering Point ("PSAP") locations at 1100 Washington Ave. and 2310 Pine Tree Dr.; and WHEREAS, in December 2010, once the City accepted hardware purchased under the SSAA at both PSAP locations, the five-year term of the SSAA commenced; and WHEREAS, AT&T is the industry leader in 911 operations, and has been the City's telephony service provider for many years; and WHEREAS, AT&T services and maintains 911 systems for some of the City's neighboring municipalities; and WHEREAS, the City's VIPER 911 system (the "911 System"), which was installed in 2010, has been in production 24 hours a day, 7 days a week, and 365 days a year over the entire five-year term of the SSAA; and WHEREAS, the City's 911 System continues to function; however, the VIPER 911 software versions that are currently installed on the City's systems have been discontinued. Therefore, no other enhancements or fixes will be available for the current VIPER 911 system hardware or software; and WHEREAS, an upgrade to the City's current 911 System system is needed to continue to provide a high level of 911 services for the City's residents, business owners, and visitors, as well as the capabilities of receiving and processing text-to-911 service, with future computer- assisted dispatch ("CAD") integration; and WHEREAS, the City's current 911 System does not support text-to-911 service; and Page 731 of 878 WHEREAS, Miami-Dade County is in the process of updating its 911 phone systems; and WHEREAS, Miami-Dade County has requested that municipalities in the County upgrade their 911 systems as well, in order to deliver text-to-911 services throughout the County; and WHEREAS, the City and AT&T have been operating under a Master Services Agreement ("MSA"), which was executed by the City on March 15, 2015; and WHEREAS, the City requested, and AT&T has provided, a new proposal and pricing schedule (the "Agreement"), which includes a refresh of all existing VIPER 911 hardware, call- taking positions, and operating software for both PSAP sites, as well as system software currently covered under the existing SSAA with AT&T, under the "Software Evergreen" program purchased by the City. Moreover, AT&T will provide the software and connection circuits for text-to-911 services along with this equipment upgrade; and WHEREAS, the proposed new configuration will include a turnkey Next Generation 911 upgrade that will accommodate enhanced functions for CAD integration, storing text-to-911 records, Next Generation call routing, new mapping capabilities and location services; and WHEREAS, this Agreement covers hardware, software, installation, training, and recurring maintenance for equipment in both of the City's PSAP locations; and WHEREAS, the Agreement, and the underlying upgrade to the City's 911 System, would require a one-time purchase in the amount of $525,080.00, and annual maintenance fees of $111,360.00 over the course of a five-year term; and WHEREAS, the Department of Emergency Management is satisfied with AT&T's performance under the current SSAA, which has met the general requirements of the City; and WHEREAS, the City Administration has determined that it is in the best interest of the City's public safety operations to approve and execute the Agreement, in order to provide the City's end users with the best possible tools to more effectively identify and respond to community risks; and WHEREAS, City staff has determined that, in consideration of the significant cost savings and benefits provided by AT&T, it is in the best interest of the City to waive the City's competitive bidding requirement and enter into the Agreement. The City's 911 System has been an integral part of the City's 911 operations since 2010. Considerable investment in funds, resources and time has been made in the AT&T system. AT&T is the only VIPER 911 provider in the South Florida area that has a team of eight (8) local VIPER-certified technicians to service the 911 system. AT&T is the only full services provider in our geographic area that can offer the following list of services all under the umbrella of one company one agreement: • Data provider; • 911 Services for both Voice and Text-to-911; • Next Generation 911 ESINET services; and • 911 hardware, and maintenance provider; and Page 732 of 878 WHEREAS, in light of the proposed cost savings, and the benefits of working with one software and maintenance provider, the Administration recommends waiving the competitive bidding requirement and executing 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 accept the City Manager's recommendation and waive, by 5/7ths vote, the City's competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve and authorize the City Manager, or his designee, to execute an Agreement with AT&T for turnkey Next Generation E911 Public Safety Answering Point equipment and software, inclusive of monthly maintenance rates, for a five (5) year term, in an amount not to exceed $1,081,880.00, for the purpose of upgrading and maintaining the City's existing AT&T equipment and network, and to enhance and facilitate the City's upgrade to Next Generation 911, which includes text and multimedia capabilities. PASSED AND ADOPTED this day of 2017. ATTEST: Philip Levine Mayor Rafael E. Granado City Clerk APPROVED AS TO FORM & LANGUAGE & FOR, EXECUTION a\EI ( -3 H City Attorney Date TAAGENDA12017\2 - February\Emergency Management\ATT 911 Upgrade RESO.docx Page 733 of 878 APPROVED AS TO FORM & LANGUAGE & FOR E ECUTION - 3 -(7 City Attorney Di! &t AT&T ILEC Intrastate Pricing Schedule Case Number FL17-0049-01 AT&T MA Reference No. 150578UA Customer AT&T City of Miami Beach Street Address: 1700 Convention Center Drive City: Miami Beach State/Province: FL Zip Code: 33139- Country: USA The applicable AT&T ILEC Service-Providing Affiliate Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices q Primary Contact AT&T Name: Jimmy Morales Title: City Manager Street Address: 1700 Convention Center Drive City: Miami Beach State/Province: FL Zip Code: 33139- Country: USA Telephone: 305-673-7277 Fax: - - Email: CharlesTear@miamibeachfl.gov Customer Account Number or Master Account Number: Name: Darren Light Street Address: 6021 S. Rio Grande Avenue City: Orlando State/Province: FL Zip Code: 32809- Country: USA Telephone: 407-455-1643 Fax: - - Email: dl4389@att.com Sales/Branch Manager: SCVP Name: Sales Strata: Sales Region: With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mastaatt.com This Pricing Schedule for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. This Pricing Schedule shall be void if not executed by Customer and received by AT&T within 30 days of the date AT&T executed the Pricing Schedule, or if Customer alters, adds or deletes any of the provisions in the version executed by AT&T. Please sign by 5/26/2017. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: Page 1 of 6 AT&T and Customer Confidential Information Page 734 of 878 a sit AT&T ILEC Intrastate Pricing Schedule Case Number FL17-0049-01 Option 1 of 1 SERVICE: This Pricing Schedule provides a one-time charge for purchase and installation of E911 Public Safety Answering Point (PSAP) equipment and software. The monthly rate for maintenance is also provided. TERM: This Pricing Schedule is for sixty (60) months. The service interval will be negotiated. Upon mutual agreement of the parties, Customer may renew this Pricing Schedule to provide for an upgrade of the E911 equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. Page 2 of 6 AT&T and Customer Confidential Information Page 735 of 878 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Rate Elements Non-Recurring Case Number FL17-0049-01 Option 1 of 1 Monthly Rate USOC 1 Infrastructure Capitalization Charge- $25.00 $.00 WEENW Equipment Infrastructure Capitalization Charge- $25.00 $.00 WEENY Professional Services 3 TRAINING $642.00 $.00 WFFDU 4 INSTALLATION $3,895.00 $.00 WFFDV 5 Professional Services1 $.00 $11.00 WTT3Q 6 Hardware Maintenance $.00 $147.00 WUU16 7 Software Maintenance $.00 $8.00 WUU17 8 Help Desk $.00 $78.00 WUU18 Page 3 of 6 AT&T and Customer Confidential Information Page 736 of 878 atsit AT&T ILEC Intrastate Pricing Schedule Case Number FL17-0049-01 Option 1 of 1 RATES AND CHARGES 9 SMA/Evergreen $.00 $170.00 WUU19 10 E911 Equipment $18,238.00 $.00 W)0(2L 11 Software $3,429.00 $.00 WXX2M 12 Infrastructure Capitalization Charge- $.00 $25.00 WXX97 Equipment 13 Infrastructure Capitalization Charge- $.00 $25.00 WXX98 Professional Services Page 4 of 6 AT&T and Customer Confidential Information Page 737 of 878 a t AT&T ILEC Intrastate Pricing Schedule Case Number FL17-0049-01 Option 1 of 1 RATES AND CHARGES NOTES: 1. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require a new Special Service Arrangement. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. This Agreement does not cover the following: damages caused by disasters such as fire, flood, wind, lightning or earthquake. damages caused by unauthorized disconnects or de-powering of the equipment. damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. damage during shipment other than original shipment to the Customer. damage caused by consumables or spilled liquids, impact with other objects. damage caused by any other abuse, misuse, mishandling, misapplication. damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 4 below, in addition, in the case of damage, loss, theft or destruction of the equipment or software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 4. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer-provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non-approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 7. SPECIAL TERMS AND CONDITIONS FOR PSAP — LAN CONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TO AT&T AND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLY SUPPLIED BY AT&T, IS NOT CONNECTED AND WILL NOT BE CONNECTED TO ANY LOCAL AREA NETWORK ("LAN") OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CRIME INFORMATION CENTER NETWORK ("CIC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMER MAY CONNECT SAID EQUIPMENT AND/OR SERVICES TO THE CIC OR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T'S SOLE DISCRETION. AT&T RELIES ON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALL AND/OR MAINTAIN SAID EQUIPMENT AND ALL SERVICES THEREON. Page 5 of 6 AT&T and Customer Confidential Information Page 738 of 878 at&t AT&T ILEC Intrastate Pricing Schedule Case Number FL17-0049-01 Option 1 of 1 AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY") THAT IT WILL INSTALL 911 EQUIPMENT ONLY IN A SECURE PSAP LAN, AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TO ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL. AT&T WILL NOT INSTALL OR TERMINATE A PSAP LAN TO A FIREWALL. AT&T WILL IDENTIFY THE DEMARCATION POINT FOR THE PSAP LAN, BEYOND WHICH CUSTOMER AGREES THAT AT&T IS NOT RESPONSIBLE. IN THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TO ANY OTHER COMPUTER NETWORK, CONTRARY TO AT&T'S EXPRESS PSAP NETWORK SECURITY POLICY (WHICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND THE PSAP LAN IS INFECTED OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISIONS OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMS ANY LIABILITY WHATSOEVER RELATING TO ANY PSAP LAN WHICH CUSTOMER OR ITS AGENTS CONNECT TO ANY OTHER COMPUTER NETWORK CONTRARY TO THE PSAP NETWORK SECURITY POLICY. UNDER SUCH CIRCUMSTANCES, AT&T WILL PROVIDE REPAIR SERVICES FOR THE PSAP LAN AT CUSTOMER'S REQUEST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN-PREVAILING SERVICES RATES. CUSTOMER ASSUMES THE RISK FOR ANY DAMAGES ARISING IN WHOLE OR IN PART FROM CUSTOMER'S CONNECTION OF THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC 8. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to any state, county, parish, or municipal governmental entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. All trademarks or service marks contained herein are the property of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 6 of 6 AT&T and Customer Confidential Information Page 739 of 878 Re solutions - R7 P COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM: DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, AMENDI NG THE OCEAN DRIVE SIDEWALK CAFE DESIGN GUIDELINES TO ALLOW THE HI STORI C PRESERVATI ON BOARD TO REVIEW AND APPROVE THE PROPOSED COLOR OF RETRACTABLE UMBRELLAS ON OCEAN DRI VE, SO AS TO ENSURE COMPATI BILI TY WITH ICONIC ARCHITECTURE. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Planning Department Sponsor Commissioner Ricky Arriola Page 740 of 878 Re solutions - R7 Q COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY MANAGER REGARDING THE EXISTENCE OF A PUBLIC EMERGENCY AND, ACCORDINGLY, WAI VE, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUI REMENT, FINDI NG FURTHER THAT THE BEST INTEREST OF THE CITY W OULD BE SERVED BY SUCH WAI VER; AUTHORI ZI NG THE CI TY MANAGER OR HI S DESI GNEE TO NEGOTI ATE AMENDMENT NO. 6 TO THE DESIGN- BUILD AGREEMENT BETW EEN THE CITY AND LANZO CONSTRUCTION CO. (“LANZO”), WHI CH ORIGINAL AGREEMENT WAS APPROVED PURSUANT TO RESOLUTI ON NO. 2014-28765, FOR THE SUNSET HARBOUR PUMP STATION RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT; SAI D 6TH AMENDMENT, I N THE NOT TO EXCEED AMOUNT OF $1,272,368, I S NEEDED IN ORDER TO (1) PROVIDE ADDITIONAL LANDSCAPE TO THE NEIGHBORHOOD; AND, (2) PROVI DE PERMANENT EMERGENCY GENERATOR TO PUMP STATION NO. 2 AND PUMP STATI ON NO. 3; INCLUDI NG ASSOCI ATED WATER, SEWER, LIGHTING AND IRRIGATION; FURTHER AUTHORIZING THE MAYOR AND CI TY CLERK TO EXECUTE THE 6TH AMENDMENT, UPON COMPLETION OF SUCCESSFUL NEGOTI ATI ONS. (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) ANALY SIS (ITEM TO BE SUBMI TTED I N SUPPLEMENTAL) Legislative Tracking Public Works ATTACHMENTS: Description Attachment A Page 741 of 878 Attachment B Page 742 of 878 407 Lincoln Road Miami Beach FL 33139 Phone (954) 979-0802 Fax (786) 476-0368 www.lanzo.net December 22nd, 2016 Jose Rivas Public Works Department City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Reference: Sunset Harbour Pump Stations Retrofit – ITB No. 60-2013TC Landscaping Sunset Harbour - Revised Jose, City requested we provide a price for landscaping Sunset Harbour based on the Landscaping plans that was presented to the City and returned with comments, attached here. The price for landscaping the Sunset Harbour Neighbourhood is $ 254,246.00, breakdown is also attached. Landscaping would be unit price and paid for on quantity installed. This proposal has minor alternations in ground cover from what the landscaping plan calls for. There are no granite rocks or pine bark included in this pricing, and would be additional cost. Please feel free to call me should you have any questions. Sincerely, Daniel Mesquita Daniel Mesquita Project Manager Lanzo Construction Co., FL Page 743 of 878 Landscaping Sunset Harbour - Unit Price Breakdown Description Height Gallon Quantity UOM Unit Price Extended Price Bulnesia 12 - 15'65 18 EA 1,064.00$ 19,152.00$ Bulnesia 16 - 18'100 3 EA 1,725.00$ 5,175.00$ Green Buttonwood 12 - 15'65 10 EA 1,064.00$ 10,640.00$ Green Buttonwood 16 - 18'100 2 EA 1,725.00$ 3,450.00$ Gumbo Limbo 16 - 18'100 8 EA 1,949.00$ 15,592.00$ Mahogany 12 - 15'65 3 EA 1,719.00$ 5,157.00$ Paradise Tree 16 - 18'100 1 EA 1,942.00$ 1,942.00$ Pigeon Plum 12 - 15'65 4 EA 1,064.00$ 4,256.00$ Pitch Apple 12 - 15'65 1 EA 1,064.00$ 1,064.00$ Pitch Apple 16 - 18'100 3 EA 1,725.00$ 5,175.00$ Silver Buttonwood 12 - 15'65 21 EA 1,064.00$ 22,344.00$ Spanish Stopper 12 - 15'65 1 EA 1,064.00$ 1,064.00$ 3 2660 EA 14.00$ 37,240.00$ 3 1140 EA 14.00$ 15,960.00$ 3 1950 EA 14.00$ 27,300.00$ 3 100 EA 14.00$ 1,400.00$ 3 800 EA 14.00$ 11,200.00$ 15 129 EA 46.00$ 5,934.00$ 200 CY 63.00$ 12,600.00$ 1 LS 1,381.00$ 1,381.00$ 1 Month 12,650.00$ 12,650.00$ 1 LS 1,827.00$ 1,827.00$ 1 LS 31,743.00$ 31,743.00$ 254,246.00$ Dwarf Oleander Firebush Long Island Ficus Cocoplum Variegated Trinette Clusias TOTAL Soil 70/30 (Estimated) Bracing Trees Installed Remedial Watering Remedial Monitoring General Conditions Page 744 of 878 Page 745 of 878 Page 746 of 878 Page 747 of 878 Page 748 of 878 Page 749 of 878 Page 750 of 878 Page 751 of 878 Page 752 of 878 Page 753 of 878 Page 754 of 878 125 SE 5TH Court Deerfield Beach FL 33441-4749 Phone (954) 979-0802 Fax (954) 979-9897 www.lanzo.net December 22nd, 2016 Jose Rivas, P.E. Engineer III Public Works Department - Engineering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference: Sunset Harbour Pump Station Retrofit – ITB No. 60-2013TC Permanent Generator for Sunset Harbour Neighbourhood Per City request, we have prepared the following proposal for furnishing and installing permanent generator(s) for Pump Station No. 2 and 3. Below is the cost of the work, and backup documentation is attached.  Furnish and Install Generator at PS2………………………………… $ 450,587.00  ADD-ON: Furnish and Install Generator at PS3……………………. $ 451,865.00 TOTAL COST FOR PS2 and PS3...................................................... $ 902,452.00 **NOTE: This proposal excludes any permit fees required. Any required dewatering is assumed to be able to dewatering into the sanitary sewer at no additional cost to the Contractor. After approval of proposal, there is a one (1) month Design Period, four (4) month material procurement and one (1) month construction period after materials are delivered. Sincerely, Daniel Mesquita, PM Lanzo Construction Company Attachment(s) CC: LCC/File Page 755 of 878 BID PROPOSAL Sunset Generators - Miami BeachU-16-70 12/22/2016 11:30 AM Bid TotalUnit PriceUnitsQuantityDescriptionBiditem Base Bid - Pump Station 2 65,937.0065,937.00LS1.000General Conditions - PS21000 56,602.0056,602.00LS1.000Engineering -PS22000 139,107.00139,107.00EA1.000Furnish/Install Generator Package - PS23000 31,341.0031,341.00LS1.000Misc. Metals (Rack, Railings, Stairs) - PS27000 27,732.004,622.00EA6.000Piles for Platform - PS28000 80,284.0080,284.00EA1.000Genset Concrete Platform - PS29000 46,534.0046,534.00LS1.000Electrical - PS210000 3,050.003,050.00LS1.000Trenching for Electrical - PS211000 $450,587.00Base Bid - Pump Station 2 Add-on for Pump Station 3 33,973.0033,973.00LS1.000General Conditions - PS320000 41,068.0041,068.00LS1.000Engineering -PS321000 179,590.00179,590.00EA1.000Furnish/Install Generator Package - PS322000 31,207.0031,207.00LS1.000Misc. Metals (Rack, Railings, Stairs) - PS326000 3,576.003,576.00LS1.000Concrete Cutting - PS327000 27,732.004,622.00EA6.000Piles for Platform - PS328000 82,189.0082,189.00LS1.000Genset Concrete Platform - PS329000 52,530.0052,530.00LS1.000Electrical - PS330000 $451,865.00Add-on Pump Station 3 1 Page 756 of 878 Rolando Coll - EPG Sales 8205 N.W. 58 St. Miami, Fl. 33166 P: 305.592.4944/ F: 305.477.1943 Date: 12-14-16 Ref: Pump Station No. 2 (C7.1, 125kW) rev.1 Quote#: 30214925-02 Specification Name Specification Section Pages ---- ---- --- ---- ---- --- Drawings Date AMS 11-23-2016 --- --- General Scope of Supply Qty I/L Description Cost 1 L One (1) New Caterpillar Model C7.1 Diesel Only Engine Open Generator set, rated @ 125kW Standby, 277/480VAC, 3 Phase, 0.8 P.F., 60 Hz., 1800 rpm Diesel Only Engine Open Generator Set with the following accessories: • EPA Emergency Stationary • UL2200 Listed • Electronic governor • EMCP4.2 Control Panel – NFPA 110 • Permanent Magnet Generator System • One (1) 200 amp, 3 pole Thermal Magnetic Circuit Breaker with 12VDC shunt trip and auxiliary contacts • One (1) 125 amp, 3 pole Thermal Magnetic Circuit Breaker with 12VDC shunt trip and auxiliary contacts • Coolant Heater 120VAC • Anti-condensation heater, 120VAC • Lead Starting Battery, Rack & Cables • Battery Charger; 12VDC, 10 Amp output. 120 VAC, 1 Phase Input • One (1) Emergency Remote Stop Breakglass Station – NEMA 3R • One (1) 16 Light Remote Annunciator Panel – (shipped loose) • Two (2) O&M Manuals • Two (2) year Caterpillar factory warranty $87,373.00 1 L • Subbase Diesel Fuel Tank One (1) 575 gallon, UL listed 142, FDEP Approved, Double Wall Steel Subbase Diesel Fuel Tank Included Page 757 of 878 1 L • Generator Set Enclosure Skin Tight Sound Attenuated Weather Protective Aluminum Enclosure – HVHZ rated – 25dBA Sound Reduction @ 7 meters Included 1 L • Automatic Transfer Switch One (1) 200 amp, 4 pole, 3 phase, 277/480VAC, NEMA 4X Enclosure, Non Service Entrance Rated, Non Bypass Isolation, Delayed Transition Automatic Transfer Switch One (1) 200 amp, 4 pole, 3 phase, 127/240VAC, NEMA 4X Enclosure, Non Service Entrance Rated, Non Bypass Isolation, Delayed Transition Automatic Transfer Switch One (1) 100 amp, 3 pole, 3 phase, 127/240VAC, NEMA 4X Enclosure, Non Service Entrance Rated, Non Bypass Isolation, Delayed Transition Automatic Transfer Switch Included 1 L • Start –up and Training − Start-Up of generator set by a factory trained technician (one (1) days of labor included during normal business hours of 8:00am to 5:00pm) − Four (4) Hour resistive load bank test to be performed after a start-up of unit is completed. (during normal business hours of 8:00am to 5:00pm) − One (1) day of instructional training on the generator set and transfer switch (during normal business hours of 8:00am to 5:00pm) Included F.O.B. Miami (freight prepaid to jobsite)…………….. $87,373.00 (sales tax not included) Exceptions / Notes: 1. Specifications were not available at the time of this quotation. 2. Quotation providing listed items only. Important: Quote does not include the following (unless otherwise specifically noted above in the General Scope of Supply): • Fuel, Fuel Piping, Fuel Venting • Fuel Equipment Installation • Exhaust Equipment Installation • Exhaust Pipe & Insulation • Electrical Equip. Installation • Cables, Wires and Conduits • All Equipment Installation • Engineering & Design • Engineering Drawings • Installation Permitting & Fees • Foundation Concrete Pad • Equipment Unloading • Equipment Storing • Equipment Rental • Equipment Anchoring Page 758 of 878 TERMS: 90% payment due 30 days from date of invoice; Balance payment due prior to start up or 180 days after invoice, whichever occurs. Sales tax has not been included in this quotation. CONDITIONS: Terms of this sale are subject to credit approval @ Pantropic Power. Cancellations will not be accepted except on terms that will indemnify Pantropic Power against any loss. Cancellation charges will apply to orders cancelled after Pantropic’s receipt of written release for production from Customer. Prices are valid for 30 days from quote date. The conditions of this quotation become a part of any order resulting hereforth and any purchase order submitted in response to this quotation, modifying, altering, or adding to these conditions shall not be binding unless accepted by us in writing. There are no agreements, understandings, or stipulations relative to this quotation other than those expressed herein. Quotation is subject to Standard Pantropic Power Products, Inc. Standard Terms & Condition on reverse side. Thank you for allowing us the opportunity to propose the above-described equipment. PANTROPIC POWER PRODUCTS, INC. Rolando Coll (305) 477-3329 Ext. 3025 (305) 477-1943 Fax Page 759 of 878 Rolando Coll - EPG Sales 8205 N.W. 58 St. Miami, Fl. 33166 P: 305.592.4944/ F: 305.477.1943 Date: 12/14/2016 Reference: Pump Station No. 3 (C9, 250kW) rev.1 Quote#: 30214949-02 Specification Name Specification Section Pages --- --- --- --- --- --- General Scope of Supply Qty I/L Description Cost 1 L One (1) New Caterpillar Model C-9 Diesel Engine Generator set, UL 2200 Listed, rated @ 250kW Standby, 277/480VAC, 3 Phase, 60 Hz., 1800 rpm Diesel Engine Generator Set with the following accessories: • EPA Stationary Emergency Only • Isochronous electronic governor • Air inlet System − Air filter with service indicator • Auto-start Control Panel EMCP 4.2– NFPA 110 − Emergency stop push button − Voltage adjust − Engine run relay − Common alarm relay − Engine pre-alarms • Fuel System − Primary fuel filter and water separator − Secondary fuel filter − Fuel priming pump − Fuel oil impervious flexible fuel lines − Fuel cooler • Permanent Magnet Excited Generator System − Voltage regulator − Anti-condensation heater, UL Listed, 120VAC $111,234.00 Drawings Date AMS 11-23-2016 Page 760 of 878 − One (1) 450 Amp, 3 pole, Generator Mounted Thermal Magnetic Circuit Breaker with 24VDC shunt trip and auxiliary contacts. • Starting System − Heavy Duty lead acid engine starting batteries, rack & cables − Battery disconnect switch − Battery Charger; 24VDC, 10 Amp output. 120 VAC, 1 Phase Input, Nema 1 enclosure − 45amp battery charging alternator − Jacket Water Heater ,240 volt, 2000 Watt − Battery heater • Engine Cooling system − Unit mounted radiator 50 degree C ambient or 122 degrees F − Radiator duct flange − Coolant drain line with valve terminated at edge of base − Fan and belt guards − Coolant level sight gauge − Caterpillar Extended life coolant • Exhaust System − Dry exhaust manifold − Flanged faced outlets − Critical Grade Silencer, Carbon Steel − Stainless Steel Engine Exhaust Flexible Connector 1 L • Generator Subbase Diesel Fuel Tank − One (1) 1100 gallon, UL Listed 142, FDEP Approved, Double Wall Steel Subbase Diesel Fuel Storage Tank Included 1 L • Generator Set Enclosure − Skin Tight Sound Attenuated Weather Protective Aluminum Enclosure – HVHZ Rated – 25dBA Sound Reduction @ 7 meter Included 1 L • Automatic Transfer Switch One (1) 400 amp, 4 pole, 3 phase, 277/480VAC, NEMA 4X Enclosure, Non Service Entrance Rated, Non Bypass Isolation, Delayed Transition Automatic Transfer Switch Included Page 761 of 878 One (1) 100 amp, 3 pole, 3 phase, 127/240VAC, NEMA 4X Enclosure, Non Service Entrance Rated, Non Bypass Isolation, Delayed Transition Automatic Transfer Switch 1 L • Additional items − One (1) Nema 3R remote break-glass station (shipped loose/installed by others) − One (1) remote 16 light annunciator panel (shipped loose/installed by others) − Two (2) Operational & Maintenance Manuals − Factory load bank testing of the unit at 0.8pf report provided Included 1 L • Start –up and Training − Start-Up, and Building Load Test of generator set by a factory trained technician (two (2) days of labor included during normal business hours of 8:00am to 5:00pm) − Four (4) hour resistive load bank test to be performed after a start-up of unit is completed. (during normal business hours of 8:00am to 5:00pm) − One (1) day of instructional training on the generator set and transfer switch (during normal business hours of 8:00am to 5:00pm) Included 1 L • Warranty − Two (2) year Caterpillar Factory Warranty Included Price F.O.B. Miami (freight prepaid to jobsite)………………………………….$111,234.00 (sales tax not included) Exceptions / Notes: 1. Specifications were not available at the time of this quotation. 2. Quotation providing the listed items only. Important: Quote does not include the following (unless otherwise specifically noted above in the General Scope of Supply): • Fuel, Fuel Piping, Fuel Venting • Fuel Equipment Installation • Exhaust Equipment Installation • Exhaust Pipe & Insulation • Electrical Equip. Installation • Cables, Wires and Conduits • All Equipment Installation • Engineering & Design • Engineering Drawings • Installation Permitting & Fees • Foundation Concrete Pad • Equipment Unloading • Equipment Storing • Equipment Rental • Equipment Anchoring Page 762 of 878 TERMS: 90% payment due 30 days from date of invoice; Balance payment due prior to start up or 180 days after invoice, whichever occurs. Sales tax has not been included in this quotation. CONDITIONS: Terms of this sale are subject to credit approval @ Pantropic Power. Cancellations will not be accepted except on terms that will indemnify Pantropic Power against any loss. Cancellation charges will apply to orders cancelled after Pantropic’s receipt of written release for production from Customer. Prices are valid for 30 days from quote date. The conditions of this quotation become a part of any order resulting hereforth and any purchase order submitted in response to this quotation, modifying, altering, or adding to these conditions shall not be binding unless accepted by us in writing. There are no agreements, understandings, or stipulations relative to this quotation other than those expressed herein. Quotation is subject to Standard Pantropic Power Products, Inc. Standard Terms & Condition on reverse side. Thank you for allowing us the opportunity to propose the above-described equipment. PANTROPIC POWER PRODUCTS, INC. Rolando Coll (305) 477-3329 Ext. 3025 (305) 477-1943 Fax Page 763 of 878 Page 764 of 878 Page 765 of 878 ELECTRICAL SITE PLANAS NOTEDAPP'D. BY4325REVISIONDATENO.1PUBLIC WORKS DEPARTMENT1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139MBHDESIGN ENGINEER:DRAWN BY:SCALE:CHECKER:ENGINEER OF RECORD:JIMMY L. MORALESERIC T. CARPENTER, P.E.CITY MANAGER:ENGINEER OF RECORDNEIGHBORHOOD - SUNSET HARBOURCITY ENGINEER:Work Order:Page:File Path:Field Book:Drawing:22Sheet:Date:7-12-16File Name:Survey Reference:DIRECTOR:BRUCE A. MOWRY, Ph.D.,P.E.ENGINEER OF RECORD:N/AN/AN/ANo. 61313Alan Schwab, PEOWASAS5-27-16100% DRAWINGSOWPage 766 of 878 APP'D. BY 4 3 2 5 REVISIONDATENO. 1PUBLIC WORKS DEPARTMENT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 .... CW DESIGN ENGINEER: DRAWN BY: SCALE: CHECKER: ENGINEER OF RECORD: JIMMY L. MORALES ERIC T. CARPENTER, P.E. CITY MANAGER: .... CW ENGINEER OF RECORD CWBAY ROAD SUNSET HARBOUR CITY ENGINEER:Work Order:Page: File Path: Field Book: Drawing:Sheet:Date: File Name: Survey Reference:DIRECTOR: BRUCE A. MOWRY, Ph.D.,P.E. No. 75641 Carey Wright, PE ENGINEER OF RECORD: .... .... .... ... .... Page 767 of 878 New Busine ss and Com mission Re quests - R9 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:BOARD AND COMMI TTEE APPOINTMENTS. RECOMMENDATION That appointments be made as indicated. ANALY SIS BOARD OR COMMITTEE:TOTAL MBRS.APPOINTED BY:TOTAL VAC Page # A d Hoc Host 2 01 7 U .S. Co nference of Mayors 10 Mayo r Philip Levine 1 0 1 A ffordable Ho usi ng A dvisory C om m ittee 18 City Com m ission 1 2 A rt in Public Pl aces Co m m ittee 7 City Com m ission 1 4 C om m ittee on the H om eless 9 Co m m issioner Micky Steinberg 1 12 Mayo r Philip Levine 1 12 Design Review Board 7 City Manager Jim m y L. Mo rales 1 15 City Com m ission 1 15 Disability A ccess C om m ittee 14 Mayo r Philip Levine 1 17 Health A dvisory C om m ittee 11 City Com m ission 4 18 Hispanic A ffai rs C om m ittee 7 Mayo r Philip Levine 1 21 Page 768 of 878 Housing A uthority 5 Mayo r Philip Levine 2 24 Miam i Beach C om m issio n For Wo m en 21 Co m m issioner John A l em án 1 32 Personnel Board 10 City Com m ission 1 37 Planning Board 7 City Com m ission 1 38 Police/Citizens Relations C om m ittee 14 Mayo r Philip Levine 1 40 Sister C ities Pro gram 21 Mayo r Philip Levine 4 44 Youth C om m i ssi on 7 Co m m issioner Michael G rieco 1 50 Legislative Tracking Of f ice of the City Clerk ATTACHMENTS: Description Board and Committees Page 769 of 878 Friday, January 27, 2017 Page 770 of 878 Boards and Committees Current Members Ad Hoc Host 2017 U.S. Conference of Mayors 2016-29276 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 2017 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: Vacancy: Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Vacant 06/30/2017 Mayor Philip Levine Members: Friday, January 27, 2017 1 of 50 Page 771 of 878 Boards and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 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 (11) 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; 8. One citizen who actively serves on the local planning agency pursuant to Florida Statute §163.3174 (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; 11. One citizen who represents essential services personnel, as defined in the local housing assistance plan. If 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: Allison Stone (5) For Profit Provider 12/31/2016 City Commission 12/31/2020 Michael Feldman (9) Resides with Jurisdiction of Local Governing Body 12/31/2016 City Commission 12/31/2021 Vacancy: Vacant (11) Represents Essential Services Personnel 12/31/2016 City Commission Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Alexander Orlofsky 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Beth Butler (10) Represents Employers With Jurisdiction 12/31/2017 City Commission 12/31/2021 David Smith (2) Actively Engaged in Banking/Mortgage Industry 12/31/2018 City Commission 12/31/2020 Francis Trullenque (4) Low-Income Advocate 12/31/2017 City Commission 12/31/2021 Jeffrey Feldman (8) Actively Serves on Local Planning Agency 12/31/2017 City Commission 12/31/2019 Karen Fryd 12/31/2017 Commissioner Joy Malakoff 12/31/2021 Matthew Land 12/31/2017 Commissioner John Alemán 12/31/2023 Mayela Mueller 12/31/2016 Mayor Philip Levine 12/31/2021 Pilar Carvajal (1) Residential Home Building 12/31/2018 City Commission 12/31/2021 Roger Shields 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Friday, January 27, 2017 2 of 50 Page 772 of 878 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Sarah Leddick 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Seth Feuer 12/31/2018 Commissioner Michael Grieco 12/31/2021 Sixto Acea (6) Not for Profit 12/31/2017 City Commission 12/31/2021 Suzanne Hollander (7) Real Estate Professional 12/31/2017 City Commission 12/31/2019 Xavier Gonzalez- Sanfeliu (3) Represents Areas of Labor In Connection with Affordable Housing 12/31/2018 City Commission 12/31/2022 Applicants Applicants Allison Stone Barbara Gotlinsky Britta Hanson Craig Smith Dale Gratz Diego Machado Dr. Barry Ragone Eric Lawrence Francis Trullenue Guy Simani Howard Weiss Ian Bacheikov Jackson Keddell Jamie Straz Janie Hayes Jesse Fleet Jordan Nadel Joseph Landesman Josephine Pampanas Juan Rojas Lawrence Raab Lisett Fernandez Lori Bakkum Mendy Lieberman Michael Feldman Miguel Brizuela PRAKASH KUMAR Prakash Kumar Stanley Shapiro Stephanie Berman Stephen Bernstein Friday, January 27, 2017 3 of 50 Page 773 of 878 Boards and Committees Current Members Art in Public Places Committee Sec. 82-561 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 art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Liaison: Dennis Leyva Vacancy: To replace Megan Riley 12/31/2016 City Commission 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Alpesh Patel 12/31/2018 City Commission 12/31/2022 Cathy Byrd 12/31/2018 City Commission 12/31/2019 Chana Sheldon 12/31/2017 City Commission 12/31/2019 Michael McManus 12/31/2018 City Commission 12/31/2022 Ombretta Agro Andruff 12/31/2017 City Commission 12/31/2019 Patricia Frost 12/31/2017 City Commission 12/31/2019 Applicants Applicants Adrian Gonzalez Alexander Orlofsky Allee Newhoff Calvin Kohli Carolyn Baumel Cathy Byrd Christina LaBuzetta Cindy Brown Craig Garmendia Dale Stine DAN HECHTKOPF Daniel Novela David Castillo Diego Machado Elizabeth Schwartz Eric Montes de Oca Francinelee Hand Francis Trullenque Janda Wetherington Jesse Fleet Keren Bajaroff Laura Levey Laurence Moser Leslie Tobin Lori Bakkum Marjorie O'Neill-Buttler Megan Riley Michelle Ricci Mirta Limonta Monica Matteo-Salinas Nancy Bernstein Roger Baumann Sarah Leddick Scott Bader Scott Robins Seth Feuer Silvia Karman Cubina Susan Schemer Susan Caraballo Thomas Musca Vanessa Menkes Veronica Camacho-Krieger Friday, January 27, 2017 4 of 50 Page 774 of 878 Boards and Committees Current Members Audit Committee FS 218.391 & 218.39 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: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Arthur Unger CPA 12/31/2017 Commissioner Joy Malakoff FS.218.391 Bryan Rosenfeld CPA 12/31/2017 Commissioner John Alemán FS.218.391 Marc Gidney CPA 12/31/2017 Commissioner Micky Steinberg FS.218.391 Michael Weil CPA 12/31/2018 Mayor Philip Levine FS.218.391 Patricia Valderrama CPA 12/31/2017 Commissioner Kristen Rosen Gonzalez FS.218.391 Ronald Starkman Chair 12/31/2018 Commissioner Michael Grieco FS.218.391 Sandford Horwitz CPA 12/31/2018 Commissioner Ricky Arriola FS.218.391 Applicants Applicants Deede Weithorn Richard Comisky Friday, January 27, 2017 5 of 50 Page 775 of 878 Boards and Committees Current Members Beachfront Management Plan Ad-Hoc Advisory Group FS §259.032(8)(b)/Reso 2016- 29407/2015-29009 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. In 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: 1) 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: 1) An appointee of the Florida Department of Environmental Protection's Coastal Construction Control Line Program. Representing local private property 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 Vacancy: Vacant South Dade Soil & Water Conservation District * Vacant Marine Authority & Waterfront Protection Committee Chairman * 05/31/2017 05/31/2017 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Greg Guannel TL The Nature Conservancy Urban Conservation Director * 05/31/2017 05/31/2017 Vanessa Williams TL Tourism, Culture & Economic Development Director * 05/31/2017 05/31/2017 Elizabeth Wheaton TL Environment & Sustainability Division Head or designee * 05/31/2017 05/31/2017 Vincent Canosa TL Ocean Rescue Division Chief *05/31/2017 05/31/2017 Steve Boucher TL Boucher Brothers appointee *05/31/2017 05/31/2017 Friday, January 27, 2017 6 of 50 Page 776 of 878 First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Sean Leather TL Miami-Dade County's Beach Operations Program * 05/31/2017 05/31/2017 Lisa Spadafina TL Miami-Dade County's Beach Renourishment Program * 05/31/2017 05/31/2017 Christian Lambright TL FLA Dept./Env. Protection's Coastal Construction Control Line * 05/31/2017 05/31/2017 Michael Grieco TL Local Elected Official *05/31/2017 05/31/2017 Steve Vincenti TL Sustainability Committee Member * 05/31/2017 05/31/2017 Friday, January 27, 2017 7 of 50 Page 777 of 878 Boards and Committees Current Members Board of Adjustment RSA I-2 Sec 118-131 Composition: Two (2) year term. Appointed by a 5/7th vote. 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, Certified 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 5/7th 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 Real Estate Developer 12/31/2016 City Commission 12/31/2018 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Barton Goldberg Financial Advisor 12/31/2017 City Commission 12/31/2019 Daniel Nagler General Business 12/31/2017 City Commission 12/31/2021 Heidi Tandy At-Large 12/31/2017 City Commission 12/31/2019 James Orlowsky CPA 12/31/2017 City Commission 12/31/2021 Richard Baron At-Large 12/31/2018 City Commission 12/31/2021 Richard Segal Law 12/31/2018 City Commission 12/31/2021 Applicants Applicants Aaron Davis Andres Asion Bradley Colmer Brian Ehrlich David Wieder Deborah Castillo Frank Del Vecchio Gabriel Paez Gregg Chislett Ian Bacheikov Jack Benveniste James Silvers Jared Galbut Jeff Cynamon John Bowes Kathleen Phang Kristen Rosen Gonzalez Lawrence Seitz Lawrence Seitz Mark Alhadeff Muayad Abbas Nelson Fox Ray Breslin Ray Breslin Roberta Gould Seth Frohlich Victor Ballestas Friday, January 27, 2017 8 of 50 Page 778 of 878 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 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Brian Harris Financial Advisor 12/31/2018 City Commission 12/31/2019 Carl Linder 12/31/2017 Commissioner Michael Grieco 12/31/2023 Jonathan Beloff 12/31/2017 Commissioner Joy Malakoff 12/31/2023 Jonathan Fryd 12/31/2017 Mayor Philip Levine 12/31/2022 Joseph Landesman 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Marc Gidney CPA 12/31/2018 City Commission 12/31/2022 Ronald Starkman Chair 12/31/2018 Commissioner Micky Steinberg 12/31/2021 Steve Zuckerman 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Susan Rosenthal 12/31/2017 Commissioner John Alemán 12/31/2023 Applicants Applicants Beth Emerson Brett Harris Bryan Rosenfeld Dwight Kraai Elliott Richard Alhadeff Gia Kastelic Guy Simani Jason Witrock John Bowes Joseph Landesman Lisett Fernandez Mario Coryell Mark Samuelian MENDEL FELLIG Michael Levine Mirta Limonta Noah Fox Noah Fox Rachel Schuster Regina Suarez Richard Comisky Robert Schwartz Stephen Zack Friday, January 27, 2017 9 of 50 Page 779 of 878 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-8 Center, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center, Treasure Island 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 shall designate two (2) of its members to serve as City Commission liaisons, who shall report to the City Commission actions of the Committee for Quality Education. The City Manager shall further 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. High School 06.30.15 06/30/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Damond Neely PTA Rep. -Treasure Island Elementary 06.30.14 06/30/2017 Jessica Rivero PTA Rep. - Biscayne Elementary 06.30.14 06/30/2017 Betsy Mateu 12/31/2018 Mayor Philip Levine 12/31/2021 Ivan Alvarez PTA Rep.-Feinberg Fisher K-8 06.30.15 06/30/2017 John Alemán City Commission Designee 11/30/2019 City Commission 11/30/2019 Jordan Leonard PTA Rep. - Ruth K. Broad K-8 06.30.15 06/30/2017 Joshua Levy 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Judith Berson- Levinson 12/31/2018 Commissioner Joy Malakoff 12/31/2021 Karen Edelstein 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Micky Steinberg City Commission Designee 11/30/2017 City Commission Stewart Turner 12/31/2018 Commissioner Michael Grieco 12/31/2023 Tiffany Heckler 12/31/2017 Commissioner John Alemán 12/31/2023 Yvette Tache 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Beth Edwards PTA Representative-Nautilus Middle School 06.30.15 06/30/2017 Beverly Heller PTA Rep. -North Beach Elementary School 06.30.15 06/30/2017 Faiza Liban PTA Rep. South Pointe Elementary 6.30.15 06/30/2017 Friday, January 27, 2017 10 of 50 Page 780 of 878 Applicants Applicants Elisa Leone Elsa Orlandini Enid Rodriguez Eric Montes de Oca Hicham Moujahid Ivan Montes Ivan Montes Ivette Birba Janet Horwitz Jessica Burns Kayla Rynor Keren Bajaroff Kristen Rosen Gonzalez Lynette Long Marjorie York Mary Keinath Melissa Sheppard-Broad Pamela Brumer Peter Matos Rosa Neely Tashaunda Washington Wendy Unger Friday, January 27, 2017 11 of 50 Page 781 of 878 Boards and Committees Current Members Committee on the Homeless Sec. 2-161 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 department of the committee is the office of Housing and Community Services with the Police Department as a co-liaison to the committee. City Liaison: Alba Tarre Vacancy: To replace Freddy Funes 12/31/2016 Commissioner Micky Steinberg 12/31/2021 To replace Gail Harris 12/31/2016 Mayor Philip Levine 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Calvin Kohli 12/31/2018 Commissioner Joy Malakoff 12/31/2022 Christina LaBuzetta 12/31/2018 Mayor Philip Levine 12/31/2024 Debra Schwartz 12/31/2017 Mayor Philip Levine 12/31/2021 Dona Zemo 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Lori Bakkum 12/31/2017 Commissioner Michael Grieco 12/31/2023 Marcella Paz Cohen 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Valerie Navarrete 12/31/2017 Commissioner John Alemán 12/31/2022 Applicants Applicants Dale Gratz Darren Cefalu David Nguah Deborah Robins Eda Valero-Figueira Freddy Funes Helen Swartz Lior Leser Lourdes Oroza Luz Diaz Magui Benitez Marina Aviles Mark Wylie Monica Casanova Muayad Abbas Patricia Valderrama Robert Gonzalez Rocio Sullivan Rosalie Pincus Stanley Shapiro Stephanie Berman Zeiven Beitchman Friday, January 27, 2017 12 of 50 Page 782 of 878 Boards and Committees Current Members 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 shall serve as non-voting ex-officio members. City Liaison: Eva Silverstein Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Andres Asion 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Brian Gilderman 12/31/2018 Mayor Philip Levine 12/31/2022 Elizabeth Resnick 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2020 Laurence Herrup 12/31/2017 Commissioner Joy Malakoff 12/31/2023 Lior Leser 12/31/2017 Commissioner John Alemán 12/31/2023 Michael Goldberg 12/31/2018 Commissioner Michael Grieco 12/31/2021 Peter Matos 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Ita Moriarty Ex-officio, GMCVB Admin. Rep. Joshua Levy Ex-officio, Chair Bd. Dir. MBCC Matt Hollander Ex-officio, Global Spectrum Admin. Rep. Applicants Applicants Adam Kravitz Barbara Gotlinsky Carl Linder Carl Linder David Kahn Gayle Durham Howard Weiss James Weingarten Jared Galbut John Lee John Bowes Karen Brown Keren Bajaroff Laurence Moser Lawrence Raab Lee Zimmerman Leslie Coller lior leser Mark Wylie Mark Wohl Mendy Lieberman Michael Bernstein Nawaz Gilani Tiva Leser Victor Ballestas Friday, January 27, 2017 13 of 50 Page 783 of 878 Boards and Committees Current Members Cultural Arts Council Sec. 2-55 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: Israel Sands 12/31/2016 City Commission 12/31/2020 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Britta Hanson 12/31/2017 City Commission 12/31/2021 Charles Million TL 12/31/2017 City Commission 12/31/2017 Dale Gratz 12/31/2019 City Commission 12/31/2020 Dawn McCall 12/31/2019 City Commission 02/11/2020 Laurence Moser 12/31/2017 City Commission 12/31/2021 Merle Weiss TL 12/31/2017 City Commission 12/31/2017 Peter Martin 12/31/2017 City Commission 12/31/2021 Roger Baumann 12/31/2017 City Commission 12/31/2021 Samuel Rabin, Jr.12/31/2019 City Commission 12/31/2020 Susan Schemer 12/31/2019 City Commission 12/31/2019 Applicants Applicants Adriana Pampanas Allee Newhoff Andrew Nelson Beth Emerson Calvin Kohli Cheryl Jacobs Dr. Daniel Nixon Eleanor Ellix Eliane Soffer-Siegel Elliott Richard Alhadeff Eugenio Cabreja Israel Sands Ivan Montes Jackson Keddell Janda Wetherington Jenna Ward Jessica Conn Jill Shockett Joanna Popper Kara White Kenneth Wilcox Kevin Kelsick Lynette Long Marian Del Vecchio Mark Balzli Michael McManus Monica Matteo-Salinas Otiss (Arah) Lester Pedro Menocal Ray Breslin Ray Breslin Sarah Leddick Suely Suchodolski Thomas Musca Vanessa Menkes Wesley Castellanos Friday, January 27, 2017 14 of 50 Page 784 of 878 Boards and Committees Current Members Design Review Board Sec. 118-71 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; 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 architecture, 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: James Murphy Appointments To Be Made: Kathleen Phang Attorney (4)12/31/2016 City Commission 12/31/2019 Michael Steffens Registered Architect (2)12/31/2016 City Commission 12/31/2020 Vacancy: Vacant Ex-Officio/Disability Access Committee 12/31/2016 City Manager Jimmy L. Morales To replace Carol Housen At-large (5)12/31/2016 City Commission 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Annabel Delgado- Harrington Registered Architect (1)12/31/2017 City Commission 12/31/2019 Deena Bell Landscape Architect (3)12/31/2017 City Commission 12/31/2020 Elizabeth Camargo Registered Architect (1)12/31/2017 City Commission 12/31/2019 John Turchin At-Large (5)12/31/2017 City Commission 12/31/2019 Thomas Mooney Advisory/Planning Dept. Director Eve Boutsis Advisory/City Attorney Designee Applicants Applicants Alexander Orlofsky Andres Asion Andres Asion Bradley Colmer Brian Ehrlich Bryan Rosenfeld Carol Housen Clotilde Luce Daniel Hertzberg David Kahn David Smith Deborah Castillo Francinelee Hand Frank Kruszewski gregory selph Friday, January 27, 2017 15 of 50 Page 785 of 878 Jack Finglass James Bodnar Jamie Straz Jean-Francois Lejeune Jeffrey Cohen Joseph Furst Kirk Paskal Lawrence Seitz Lawrence Seitz Manuel (Mickey) Minagorri Marina Novaes Marvin Weinstein Matthew Krieger Michael Steffens Michael Barrineau Neal Deputy Nelson Fox Richard Baron Richard Hall Ruben Conitzer Seth Frohlich Stacy Kilroy Suzanne Hollander Terry Bienstock Victor Ballestas Victor Morales Friday, January 27, 2017 16 of 50 Page 786 of 878 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 12/31/2016 Mayor Philip Levine 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Danielle Klahr 12/31/2018 Commissioner Joy Malakoff 12/31/2024 Eddie Sierra 12/31/2017 Commissioner John Alemán 12/31/2023 Elsa Orlandini 12/31/2016 Commissioner Michael Grieco 12/31/2021 Gloria Salom 12/31/2018 Commissioner Kristen Rosen Gonzalez 12/31/2023 Helen Swartz 12/31/2017 Commissioner Joy Malakoff 12/31/2018 Lawrence Fuller 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Michael Bernstein 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Nancy Soler-Rammos 12/31/2017 Commissioner John Alemán 12/31/2023 Oliver Stern 12/31/2018 Commissioner Michael Grieco 12/31/2021 Roger Abramson 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Russell Hartstein 12/31/2017 Mayor Philip Levine 12/31/2019 Sabrina Cohen TL 12/31/2017 Commissioner Ricky Arriola 12/31/2017 Susana Maroder- Rivera 12/31/2016 Commissioner Micky Steinberg 12/31/2019 Applicants Applicants Britta Hanson David McCauley David New Jared Plitt Jarred Reiling Maria Koller Rafael Trevino Zachary Cohen Friday, January 27, 2017 17 of 50 Page 787 of 878 Boards and Committees Current Members Health Advisory Committee Sec. 2-81 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 Facility (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 Ex-Officio, Miami-Dade County Health Department 12/31/2016 City Commission Vacancy: To replace Anthony Japour ACLF 12/31/2016 City Commission 12/31/2016 To replace Stacey Kruger Physician 12/31/2016 City Commission 12/31/2016 To replace Todd Narson Health Provider 12/31/2016 City Commission 12/31/2016 To replace Rachel Schuster ACLF 12/31/2016 City Commission 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Francois Betancourt Ex-Officio Fire Rescue Department 12/31/2018 Alan Nieder Private Individual 12/31/2017 City Commission 12/31/2021 Jeremy Green Physician 12/31/2017 City Commission 12/31/2019 Karen Rivo Nursing Profession 12/31/2017 City Commission 12/31/2021 Mark Rabinowitz CEO, Miami Beach Community Health 12/31/2018 City Commission Richard Awdeh Corporate Individual 12/31/2017 City Commission 12/31/2020 Richard Cuello-Fuentes Physician 12/31/2017 City Commission 12/31/2022 Steven Sonenreich CEO, Mt. Sinai Medical Center (NTL) 12/31/2018 City Commission Maria Ruiz Ex-Officio, Director of Children's Affairs Applicants Applicants Anthony Japour Christine Butler Craig Garmendia David Berger Janie Hayes Jared Plitt Kara White Marc Umlas Marisel Losa Maura Shiffman Michael Hall Scott Bader Friday, January 27, 2017 18 of 50 Page 788 of 878 Sixto Acea Todd Narson Zachary Cohen Friday, January 27, 2017 19 of 50 Page 789 of 878 Boards and Committees Current Members Health Facilities Authority Board Sec. 2-111 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 the City. Florida Statute 154.207 No term Limits. City Liaison: Allison Williams Appointments To Be Made: Mark Sinnreich Health Provider 06/19/2016 City Commission Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Arthur Unger Accountant 06/19/2020 City Commission FS.154.207 Michael Hall Health Provider 06/19/2018 City Commission FS.154.207 Robert Hertzberg Attorney 06/19/2017 City Commission FS.154.207 Sidney Goldin General Business 06/19/2018 City Commission FS.154.207 Steven Sonenreich Chairperson, Health Advisory Board 12/31/2018 FS.154.207 Applicants Applicants Alan Nieder Allison Stone Dr. David Farcy Elsa Orlandini Marc Umlas Mark Sinnreich Pilar Carvajal Rachel Schuster Richard Cuello-Fuentes Rosalie Pincus Zachary Cohen Friday, January 27, 2017 20 of 50 Page 790 of 878 Boards and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The Committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. City Liaison: Katherine Gonzalez Vacancy: To replace Christina LaBuzetta 12/31/2016 Mayor Philip Levine 12/31/2021 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Alex Fernandez 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2021 Ana Cecilia Velasco 12/31/2018 Commissioner Michael Grieco 12/31/2021 Heriberto (Herb) Sosa 12/31/2016 Commissioner John Alemán 12/31/2023 Luz Diaz 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Miguel Brizuela 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Regina Suarez 12/31/2017 Commissioner Joy Malakoff 12/31/2023 Applicants Applicants Antonio Purrinos antonio giovane David Cardenas Eneida Mena Israel Sands Josephine Pampanas Leonor Fernandez Luis Diego Palomo Rafael Trevino Sixto Acea Wil Martinez Friday, January 27, 2017 21 of 50 Page 791 of 878 Boards and Committees Current Members Historic Preservation Board Sec. 118-101 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: 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 5/7th vote, in the event a person not meeting these residency requirements is available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters. City Liaison: Deborah Tackett Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Jack Finglass At Large/Resided in One of the City's Historic District at Least 1 Yr 12/31/2017 City Commission 12/31/2021 John Stuart Registered Architect 12/31/2017 City Commission 12/31/2019 Kirk Paskal Dade Heritage 12/31/2018 City Commission 12/31/2022 Nancy Liebman At Large/Resided in One of the City's Historic District at Least 1 Yr 12/31/2018 City Commission 12/31/2022 Scott Needelman MDPL 12/31/2018 City Commission 12/31/2020 Stevan Pardo Attorney 12/31/2017 City Commission 12/31/2021 Wyn Bradley Faculty Member 12/31/2017 City Commission 12/31/2019 Applicants Applicants Andrew Nelson Bradford Bonessi Bradley Colmer Deborah Castillo Dominique Bailleul Dona Zemo Elizabeth Camargo Gregg Chislett Jane Gross Jean-Francois Lejeune Jeffrey Cohen Jennifer Lampert Kathleen Phang Lawrence Seitz Lawrence Seitz Marina Novaes Mark Alhadeff Mendy Lieberman Michael Barrineau Michael Steffens Morris Sunshine Neal Deputy Raymond Adrian Roger Baumann Friday, January 27, 2017 22 of 50 Page 792 of 878 Samuel Rabin, Jr.Stephen Sauls Stevan Pardo William Lane Friday, January 27, 2017 23 of 50 Page 793 of 878 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 10/11/2016 Mayor Philip Levine To replace David Greeff Housing Authority Commissioner 10/11/2016 Mayor Philip Levine Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Dr. Barry Ragone Housing Authority Commissioner 10/11/2017 Mayor Philip Levine Leonor Fernandez Housing Authority Commissioner 10/11/2017 Mayor Philip Levine Mojdeh Khaghan Housing Authority Commissioner 10/11/2020 Mayor Philip Levine Applicants Applicants Barbara Gotlinsky Christina LaBuzetta David Greeff Jay Dermer Peter Chevalier Pilar Carvajal PRAKASH KUMAR Prakash Kumar Stephen Bernstein Xavier Gonzalez-Sanfeliu Friday, January 27, 2017 24 of 50 Page 794 of 878 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 (11) 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. In 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 he/she 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: Lana Hernandez Appointments To Be Made: Monica Harvey 12/31/2016 City Commission 12/31/2018 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Erin Gaskin 12/31/2017 Mayor Philip Levine 12/31/2024 Bradley Ugent 12/31/2017 City Commission 12/31/2018 Clare McCord 12/31/2017 City Commission 12/31/2021 Darren Cefalu 12/31/2016 Mayor Philip Levine 12/31/2022 Francinelee Hand 12/31/2018 City Commission 12/31/2022 Ivan Cano 12/31/2017 City Commission 12/31/2019 Jesse Fleet 12/31/2018 City Commission 12/31/2022 Kenny Swartz Law 12/31/2018 City Commission 12/31/2022 Rachel Umlas 12/31/2018 City Commission 12/31/2018 William Warren Jr.12/31/2017 City Commission 12/31/2019 Applicants Applicants Adriana Pampanas Andrea Travaglia Christine Butler David Mardini Dr. Andrew Nullman Elizabeth DiBernardo Gia Kastelic Hicham Moujahid Ivan Montes Jarred Reiling Jay Dermer Jessica Conn Kenneth Wilcox Lisa Almy Michael Levine Monica Harvey Rafael Leonor Robin Schwartz Scott Bader Stephen Fox, Jr. Tony Lima Walker Burttschell Friday, January 27, 2017 25 of 50 Page 795 of 878 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 Garmendia 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Dale Stine 12/31/2018 Commissioner Joy Malakoff 12/31/2018 David Lancz 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 David Leeds 12/31/2018 Mayor Philip Levine 12/31/2021 Edison Farrow 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Elizabeth Schwartz 12/31/2016 Commissioner Joy Malakoff 12/31/2021 Gayle Durham 12/31/2017 Commissioner Michael Grieco 12/31/2022 George Neary 12/31/2018 Commissioner Michael Grieco 12/31/2024 Jorge Richa TL 12/31/2017 Mayor Philip Levine 12/31/2017 Lynare Robbins 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Mark Wylie 12/31/2017 Mayor Philip Levine 12/31/2021 Michael Bath TL 12/31/2017 Commissioner Micky Steinberg 12/31/2017 Robin Schwartz 12/31/2017 Commissioner John Alemán 12/31/2022 Stephen Fox, Jr.12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Tony Lima 12/31/2016 Commissioner John Alemán 12/31/2023 Applicants Applicants Craig Smith Eric Hirsch Heriberto (Herb) Sosa Jarred Reiling Karen Brown Kenneth Wilcox Laura Veitia Laurence Moser Nelida Barrios Otiss (Arah) Lester Rafael Trevino Rebecca Boyce Robert Gonzalez Ronald Wolff Ronald Wolff Steven Adkins Walker Burttschell Friday, January 27, 2017 26 of 50 Page 796 of 878 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 members, 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 waterfronts. 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: Rianne Thomas Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Barbara Herskowitz 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Caitlin Pomerance 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Christian De La Iglesia 12/31/2016 Commissioner Micky Steinberg 12/31/2022 Daniel Kipnis 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2022 David Mardini 12/31/2018 Mayor Philip Levine 12/31/2024 Jayson Weisz 12/31/2017 Mayor Philip Levine 12/31/2023 Joel Aberbach 12/31/2018 Commissioner Ricky Arriola 12/31/2023 John Lee 12/31/2017 Commissioner John Alemán 12/31/2023 Lourdes Oroza 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Morris Sunshine 12/31/2018 Commissioner Michael Grieco 12/31/2021 Robert Schwartz 12/31/2018 Commissioner Joy Malakoff 12/31/2021 Robert Christoph, Jr.12/31/2018 Commissioner Michael Grieco 12/31/2022 Ronald Shane 12/31/2017 Commissioner Joy Malakoff 12/31/2021 Sasha Boulanger 12/31/2018 Commissioner John Alemán 12/31/2018 Sgt. Luis Sanchez ex-officio MB Marine Patrol Applicants Applicants Adrian Gonzalez Albert Parron Bruce Bennett Carolina Jones DAN HECHTKOPF Darren Cefalu Eric Lawrence Gloria Salom gregory selph Isaiah Mosley Jack Benveniste Jennifer Lampert John Kanter Julio Magrisso lior leser Lizette Lopez Luis Diego Palomo Luz Diaz Manon "Marie" Hernandez Maurice Goodbeer Mayela Mueller Meryl Wolfson Michael Hall Michael Levine Friday, January 27, 2017 27 of 50 Page 797 of 878 Michael Tenzer Michael Ritger Richard Hall Robert Rabinowitz Robert Rabinowitz Stephen Bernstein Yael Sade Friday, January 27, 2017 28 of 50 Page 798 of 878 Boards and Committees Current Members Mayor's Ad Hoc Blue Ribbon Steering Cmte. on the Convention Ctr. Hotel Sec. 2-23(b) / Sec. 2-27(b)(2) Composition: 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, property 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, property 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 shall also 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 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Ricky Arriola TL Chair 04/30/2017 Mayor Philip Levine 04/30/2017 Kristen Rosen Gonzalez TL Vice-Chair 04/30/2017 Mayor Philip Levine 04/30/2017 Debra Leibowitz TL 04/30/2017 Commissioner Michael Grieco 04/30/2017 Jorge Exposito TL 04/30/2017 Mayor Philip Levine 04/30/2017 Leslie Tobin TL 04/30/2017 Commissioner Micky Steinberg 04/30/2017 Paul Freeman TL 04/30/2017 Commissioner Joy Malakoff 04/30/2017 Saul Gross TL 04/30/2017 Commissioner John Alemán 04/30/2017 Friday, January 27, 2017 29 of 50 Page 799 of 878 Boards and Committees Current Members Mayor's Blue Ribbon Panel on Sea Level Rise Sec. 2-23(b) / Sec. 2-27(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. In 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 Robins TL 01/06/2017 Mayor Philip Levine 01/06/2017 Michael De Filippi TL 01/06/2017 Mayor Philip Levine 01/06/2017 Wyn Bradley TL 01/06/2017 Mayor Philip Levine 01/06/2017 Friday, January 27, 2017 30 of 50 Page 800 of 878 Boards and Committees Current Members Mayor's Ocean Drive Task Force Sec. 2-23(b) / Sec. 2-27(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 2-27(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 Plutzik TL Chair 03/29/2017 Mayor Philip Levine 03/29/2017 Steve Boucher TL 03/29/2017 Mayor Philip Levine 03/29/2017 Frank Amadeo TL 03/29/2017 Mayor Philip Levine 03/29/2017 Alessandro Tonarelli TL 03/29/2017 Mayor Philip Levine 03/29/2017 Jeffrey Feldman TL 03/29/2017 Mayor Philip Levine 03/29/2017 Jonathan Bennett TL 03/29/2017 Mayor Philip Levine 03/29/2017 Joyce Garret TL 03/29/2017 Mayor Philip Levine 03/29/2017 Mitch Novick TL 03/29/2017 Mayor Philip Levine 03/29/2017 Reagan Pace TL 03/29/2017 Mayor Philip Levine 03/29/2017 Ricardo Dopico TL Alternate 03/29/2017 Mayor Philip Levine 03/29/2017 Friday, January 27, 2017 31 of 50 Page 801 of 878 Boards and Committees Current Members Miami Beach Commission For Women Sec. 2-190.1 Composition: Twenty-one (21) members. Each of the seven (7) members of the City Commission shall appoint three (3) members. City Liaison: Bonnie Stewart Vacancy: To replace Kathy Andersen 12/31/2017 Commissioner John Alemán 12/31/2023 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Adrienne Krieger 12/31/2018 Commissioner Joy Malakoff 12/31/2021 Barbara Kaufman 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Carrie Wiesenfeld 12/31/2016 Commissioner Michael Grieco 12/31/2021 Christine Klingspor 12/31/2018 Commissioner Michael Grieco 12/31/2023 Corey Narson 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Dara Schoenwald 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Debra (Debie)Quade 12/31/2017 Commissioner Micky Steinberg 12/31/2019 Jill Shockett 12/31/2018 Commissioner Joy Malakoff 12/31/2022 Laurie Kaye Davis 12/31/2018 Mayor Philip Levine 12/31/2021 Lizette Lopez 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Loretta Ciraldo 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Marjorie York 12/31/2018 Commissioner Kristen Rosen Gonzalez 12/31/2023 Melissa Sheppard- Broad 12/31/2017 Mayor Philip Levine 12/31/2023 Mercedes Carlson 12/31/2018 Commissioner Michael Grieco 12/31/2018 Regina Berman TL 12/31/2017 Mayor Philip Levine 12/31/2017 Sara Fuchs 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Tiffany Lapciuc TL 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2017 Tiva Leser 12/31/2017 Commissioner John Alemán 12/31/2023 Veronica Camacho- Krieger 12/31/2017 Commissioner John Alemán 12/31/2023 Wendy Unger 12/31/2018 Commissioner Joy Malakoff 12/31/2024 Applicants Applicants Adriana Pampanas Allee Newhoff Barbara Kaufman Beth Butler Bonnie Crabtree Clare McCord Dale Gratz Deborah Robins Eda Valero-Figueira Eneida Mena Helen Swartz Jennifer Lampert Jessica Conn Joanna Popper Joyce Garret Karen Rivo Kathy Andersen Laura Levey Friday, January 27, 2017 32 of 50 Page 802 of 878 Lynare Robbins Lynette Long Marina Aviles Melissa Sheppard-Broad Meryl Wolfson Monica Matteo-Salinas Monica Casanova Pan Rogers Patricia Valderrama Rebecca Boyce Robin Schwartz Rocio Sullivan Samantha Bratter Sarah Leddick Sari Libbin Suzan Speiser Tamra Sheffman Tashaunda Washington Friday, January 27, 2017 33 of 50 Page 803 of 878 Boards and Committees Current Members Normandy Shores Local Government Neighborhood Improvement Sec 34-175 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 12/31/2016 City Commission 12/31/2018 Brett Harris 12/31/2016 City Commission 12/31/2020 Carmen Browne 12/31/2016 City Commission 12/31/2022 Members: Applicants Applicants Brett Harris Carmen Browne Gloria Salom Jamie Straz John Bowes Lori Nieder Friday, January 27, 2017 34 of 50 Page 804 of 878 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, participation 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 12/31/2016 City Commission 12/31/2021 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Carolina Jones 12/31/2017 Commissioner Michael Grieco 12/31/2023 Dana Turken Scott Rakow Youth Center 12/31/2017 City Commission 12/31/2019 David Berger Tennis 12/31/2017 City Commission 12/31/2019 Eliane Soffer-Siegel 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Jenifer Caplan Golf 12/31/2017 City Commission 12/31/2019 Jonathan Groff TL 12/31/2017 Commissioner John Alemán 12/31/2017 Lee Zimmerman 12/31/2018 Commissioner Joy Malakoff 12/31/2021 Lori Nieder 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Paul Stein 12/31/2018 Mayor Philip Levine 12/31/2021 Robert Gonzalez 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Stephanie Rosen No. Shore Park Youth Center 12/31/2018 City Commission 12/31/2019 Wil Martinez Golf 12/31/2018 City Commission 12/31/2021 Applicants Applicants Brett Harris Bruce Bennett Bruce Reich Caitlin Pomerance Chris Growald Christopher Todd Daniel Nagler Dara Schoenwald David Nguah Eneida Mena Ian Bacheikov Isaiah Mosley Jackson Keddell Joseph Conway Joseph Hagen Juan Cordero Leslie Graff Lindsay Genet Mark Balzli Mary Keinath Friday, January 27, 2017 35 of 50 Page 805 of 878 Meryl Wolfson Mojdeh Khaghan Nancy Bernstein Nawaz Gilani Samuel Rabin, Jr.Suely Suchodolski Tiffany Heckler Wesley Castellanos Friday, January 27, 2017 36 of 50 Page 806 of 878 Boards and Committees Current Members Personnel Board Sec. 2-190.66 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 the 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 II shall consist of employees who are in clerical and executive positions; Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Liaison: Michael Smith Vacancy: To replace Mojdeh Khaghan Finance 12/31/2016 City Commission 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Isabel Ivette Borrello Real Estate 12/31/2017 City Commission 12/31/2019 Florencia Jimenez- Marcos Managing Partner 12/31/2018 City Commission 12/31/2021 Lori Gold Education 12/31/2018 City Commission 12/31/2018 Matthew Krieger Marketing 12/31/2017 City Commission 12/31/2019 Michael Barrineau Attorney 12/31/2017 City Commission 12/31/2021 Michael Smith Human Resources Director Alex Bello Group I 07/31/2017 Eduardo Carranza Group II 07/31/2019 Evette Phillips Group III 07/31/2018 Applicants Applicants Christine Butler Eliane Soffer-Siegel Elsa Orlandini Joseph Landesman Mary Keinath Michael Perlmutter Nancy Wolcott Richard Preira Friday, January 27, 2017 37 of 50 Page 807 of 878 Boards and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term appointed by a minimum of four (4) votes. 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 expertise 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. Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or c. Is 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 Faculty of a School of Architecture (1) 12/31/2016 City Commission Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Brian Elias General Business (5)12/31/2017 City Commission 12/31/2019 Daniel Veitia Historic Preservation (4)12/31/2018 City Commission 12/31/2022 Jeffrey Feldman Developer (2)12/31/2017 City Commission 12/31/2019 Mark Meland Attorney (3)12/31/2017 City Commission 12/31/2021 Randolph Gumenick General Business (5)12/31/2017 City Commission 12/31/2019 Reagan Pace General Business (5)12/31/2018 City Commission 12/31/2020 Applicants Applicants Aaron Davis Andres Asion Andres Asion Brian Ehrlich Christine Florez Daniel Hertzberg David Kahn David Smith David Wieder Dominique Bailleul Frank Kruszewski Ian Bacheikov Jack Johnson James Silvers Jared Galbut Jeffrey Cohen Jonathan Fryd Kirk Paskal Madeleine Romanello Marina Novaes Mark Alhadeff Marvin Weinstein Michael Steffens Muayad Abbas Nelson Fox Noah Fox Friday, January 27, 2017 38 of 50 Page 808 of 878 Richard Baron Robert Sena Robert Rabinowitz Roberto Rovira Roger Shields Ruben Conitzer Seth Frohlich Suzanne Hollander Friday, January 27, 2017 39 of 50 Page 809 of 878 Boards and Committees Current Members Police/Citizens Relations Committee Sec. 2-190.36 Composition: The Committee shall consist of fourteen (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 12/31/2017 Mayor Philip Levine Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Adam Kravitz 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Bruce Reich 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Claire Warren 12/31/2018 Commissioner Michael Grieco 12/31/2021 Daniel Aronson 12/31/2016 Commissioner Micky Steinberg 12/31/2021 Harold Foster 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Jack Benveniste 12/31/2017 Commissioner Joy Malakoff 12/31/2023 Meryl Wolfson 12/31/2018 Commissioner Joy Malakoff 12/31/2021 Michael Perlmutter 12/31/2018 Commissioner Michael Grieco 12/31/2020 Monica Fluke 12/31/2017 Mayor Philip Levine 12/31/2023 Pamela Brumer 12/31/2018 Commissioner Ricky Arriola 12/31/2023 Richard Hull 12/31/2018 Commissioner John Alemán 12/31/2023 Steven Oppenheimer TL 12/31/2017 Commissioner John Alemán 12/31/2017 Suzan Speiser 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Applicants Applicants Alan Nieder Allison Stone Antonio Hernandez Jr.antonio giovane Brian Gilderman Christopher Todd Clare McCord David Nguah Eric Lawrence Eugenio Cabreja Francis Trullenue Frank Kruszewski Heather Davis Hicham Moujahid Ian Bacheikov Jill Shockett John Kanter Jordan Nadel Joseph Hagen Joyce Garret Juan Cordero Kenny Swartz Larry Colin Lawrence Raab Friday, January 27, 2017 40 of 50 Page 810 of 878 Lee Zimmerman Leif Bertrand Leslie Coller Leslie Coller Lisett Fernandez Lori Gold Mario Coryell Marjorie O'Neill-Buttler Melissa Sheppard-Broad Michael Ritger Michael Bernstein Nawaz Gilani Oren Reich Prakash Kumar PRAKASH KUMAR Rachel Schuster Rafael Leonor Richard Preira Stephen Fox, Jr.Tiva Leser Zeiven Beitchman Friday, January 27, 2017 41 of 50 Page 811 of 878 Boards and Committees Current Members Production Industry Council Sec. 2-71 Composition: 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 Muhammad II Fashion 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Aleksandar Stojanovic Production 12/31/2018 Mayor Philip Levine 12/31/2021 Belkys Nerey Production 12/31/2017 Commissioner John Alemán 12/31/2018 Daniel Davidson Fashion 12/31/2018 Commissioner Michael Grieco 12/31/2021 Ellen Marchman News Media 12/31/2016 Commissioner Joy Malakoff 12/31/2022 Joanna-Rose Kravitz Recording Industry 12/31/2017 Commissioner Micky Steinberg 12/31/2021 Thomas Musca TV/Film 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Applicants Applicants Bruce Orosz Elizabeth DiBernardo Francis Trullenue Joseph Landesman Pamela Brumer Peter Matos Samantha Bratter Friday, January 27, 2017 42 of 50 Page 812 of 878 Boards and Committees Current Members Resiliency Communications Committee Resolution No. 2016-29585 Composition: The goals of the National Flood Insurance 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 Information (PPI) 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 (PPI) 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 Information 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 Information (PPI) 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 Information Committee shall be as follows: the City's Communications Director; the City's Floodplain Manager; Scott Diffenderfer, a real estate 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 Information 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 Daniels TL 10/01/2017 Mayor Philip Levine 10/01/2017 Mohsen Jarahpour TL 10/01/2017 Mayor Philip Levine 10/01/2017 Carlos Gutierrez TL 10/01/2017 Mayor Philip Levine 10/01/2017 John Lee TL 10/01/2017 Mayor Philip Levine 10/01/2017 Scott Diffenderfer TL 10/01/2017 Mayor Philip Levine 10/01/2017 Terri Echarte TL 10/01/2017 Mayor Philip Levine 10/01/2017 Friday, January 27, 2017 43 of 50 Page 813 of 878 Boards and Committees Current Members Sister Cities Program Sec. 2-181 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 furthering 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 Vacancy: Vacant Krumlov, Czech Republic 12/31/2017 Mayor Philip Levine Vacant Other 12/31/2016 Mayor Philip Levine Vacant Other 12/31/2016 Mayor Philip Levine Vacant Other 12/31/2018 Mayor Philip Levine Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Betsy Perez Rio de Janeiro, Brazil 12/31/2017 Mayor Philip Levine 12/31/2023 Carolyn Baumel Brampton, Canada 12/31/2017 Mayor Philip Levine 12/31/2021 Deborah Robins Almonte, Spain 12/31/2017 Mayor Philip Levine 12/31/2021 Harvey Burstein Fujisawa, Japan 12/31/2017 Mayor Philip Levine 12/31/2021 Howard Weiss Other 12/31/2018 Mayor Philip Levine 12/31/2021 Jacquelynn Powers Nahariya, Israel 12/31/2016 Mayor Philip Levine 12/31/2021 Janet Horwitz Pescara, Italy 12/31/2017 Mayor Philip Levine 12/31/2023 Jessica Londono Other 12/31/2017 Mayor Philip Levine 12/31/2021 Joyce Garret Ica, Peru 12/31/2016 Mayor Philip Levine 12/31/2021 Kathryn Orosz Basel, Switzerland 12/31/2017 Mayor Philip Levine 12/31/2023 Laura Colin Other 12/31/2017 Mayor Philip Levine 12/31/2022 Lidia Resnick Santa Marta, Colombia 12/31/2018 Mayor Philip Levine 12/31/2021 Lisa Desmond Other 12/31/2017 Mayor Philip Levine 12/31/2021 Magui Benitez Other 12/31/2017 Mayor Philip Levine 12/31/2021 Maria Maltagliati Fortaleza, Brazil 12/31/2016 Mayor Philip Levine 12/31/2021 Nuccio Nobel Cozumel, Mexico 12/31/2016 Mayor Philip Levine 12/31/2016 Samantha Bratter Other 12/31/2016 Mayor Philip Levine 12/31/2021 Applicants Applicants Bernardo Collado Brian Gilderman Charles Million Christopher Pace Christopher Todd Christopher Todd DAN HECHTKOPF Darin Feldman Dr. Andrew Nullman Faye Goldin Gabriel Paez George Neary Israel Sands Jason Salvatore Joseph Hagen Laura Levey Friday, January 27, 2017 44 of 50 Page 814 of 878 Luis Diego Palomo Marjorie O'Neill-Buttler Monica Fluke Omar Caiola Omar Caiola Raymond Adrian Rebecca Boyce Richard Hall Rocio Sullivan Steven Adkins Tamra Sheffman Tiffany Heckler Wendy Unger Wesley Castellanos Friday, January 27, 2017 45 of 50 Page 815 of 878 Boards and Committees Current Members Sustainability Committee Sec. 2-190.144 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 efforts to provide and promote general environmental improvement trends, or "Green Initiatives," 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 Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Cheryl Jacobs 12/31/2018 Commissioner Joy Malakoff 12/31/2021 David Doebler 12/31/2017 Commissioner Micky Steinberg 12/31/2020 Michael De Filippi 12/31/2018 Commissioner Ricky Arriola 12/31/2021 Nancy Bernstein 12/31/2017 Mayor Philip Levine 12/31/2023 Richard Conlin 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Scott Diffenderfer 12/31/2017 Commissioner John Alemán 12/31/2023 Steve Vincenti 12/31/2018 Commissioner Michael Grieco 12/31/2021 Applicants Applicants Amy Rabin Andrea Travaglia Beth Butler Bruce Bennett Caitlin Pomerance Cheryl Jacobs Glenn Scott Diffenderfer Glenn Scott Diffenderfer Isaiah Mosley Janet Horwitz Jenifer Caplan John Lee Leslie Coller Marivi Iglesias Richard Comisky Robert Rabinowitz Russell Hartstein Sari Libbin Terri Echarte Walker Burttschell Yael Sade Friday, January 27, 2017 46 of 50 Page 816 of 878 Boards and Committees Current Members Transportation, Parking, Bicycle-Pedestrian Facilities Committee Sec. 2-190.91 Composition: The Committee shall consist of fourteen (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 coordinating 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, Inc. (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 Member Lincoln Road Marketing Inc. 12/31/2016 To replace Jo Asmundsson Member MBCDC 12/31/2016 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Al Feola Member Ocean Drive Association 12/31/2018 Alan Fishman 12/31/2018 Commissioner Michael Grieco 12/31/2024 Deborah Ruggiero Member No.Beach Development Corp. 12/31/2017 Del Fruit Member Mid-Beach Neighborhood or Bus Assc. 12/31/2017 J.P.Morgan 12/31/2017 Commissioner Kristen Rosen Gonzalez 12/31/2023 Leif Bertrand 12/31/2017 Commissioner Ricky Arriola 12/31/2023 Madeleine Romanello Member MBCC 12/31/2018 Marc Edelstein 12/31/2017 Commissioner John Alemán 12/31/2023 Ray Breslin 12/31/2017 Commissioner Joy Malakoff 12/31/2021 Richard Streim 12/31/2017 Commissioner Micky Steinberg 12/31/2023 Sari Libbin 12/31/2018 Mayor Philip Levine 12/31/2024 William "Bill"Hahne Member MDPL 12/31/2016 Applicants Applicants Aaron Davis Adam Kravitz antonio giovane Beth Emerson Christopher Todd Dara Schoenwald Diego Machado Eric Montes de Oca Gia Kastelic Gregg Chislett Friday, January 27, 2017 47 of 50 Page 817 of 878 Ian Bacheikov Janie Hayes Jared Plitt Jeff Cynamon Jonathan Beloff Kenny Swartz Lila lmay Lindsay Genet lior leser Lisa Almy Marina Aviles Mayela Mueller Michael Ritger Nancy Bernstein Rafael Leonor Richard Conlin Robert Lopez Seth Wasserman Stanley Shapiro Suely Suchodolski Suzan Speiser Xavier Gonzalez-Sanfeliu Yael Sade Friday, January 27, 2017 48 of 50 Page 818 of 878 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 article 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 12/31/2017 City Commission 12/31/2019 Daniel Hertzberg At-Large 12/31/2017 City Commission 12/31/2019 Jeff Lehman Hotel Industry 12/31/2018 City Commission 12/31/2021 Margaret (Peggy) Benua TL Hotel Industry 12/31/2017 City Commission 12/31/2017 Stephen Hertz At-Large 12/31/2017 City Commission 12/31/2019 Steven Adkins At-Large 12/31/2018 City Commission 12/31/2022 Tim Nardi Hotel Industry 12/31/2017 City Commission 12/31/2019 Applicants Applicants Aaron Perry Charles Million Christy Farhat Craig Smith Dona Zemo gregory selph Heather Davis Jeff Lehman Jeff Lehman Jeffrey Graff Jonathan Beloff Josephine Pampanas Kristen Rosen Gonzalez Laurence Herrup Mark Tamis Matthew Krieger Roger Shields Friday, January 27, 2017 49 of 50 Page 819 of 878 Boards and Committees Current Members Youth Commission 2-186 et seq. Composition: 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 (18) years old at the time of appointment and be enrolled in the 10th, 11th, 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 (1) subsequent one-year term; provided, however, that no member shall serve on or after his/her nineteenth (19th) birthday. In addition, board member terms shall automatically expire upon the latter of December 31 of the year of the appointing City Commission member leaves office or upon the appointment/election 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 06/08/2017 Commissioner Michael Grieco 06/07/2018 Members: First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit: Amanda Garcia 06/08/2017 Commissioner Micky Steinberg 06/07/2018 Benjamin Burstein 06/08/2017 Mayor Philip Levine 06/07/2018 Itai Beaudoin de Roca 06/08/2017 Commissioner Ricky Arriola 06/07/2018 Logan Courey 06/08/2017 Commissioner Kristen Rosen Gonzalez 06/07/2018 Nicole Leser 06/08/2017 Commissioner Joy Malakoff 06/07/2018 Olivia Kramer 06/08/2017 Commissioner John Alemán 06/07/2018 Friday, January 27, 2017 50 of 50 Page 820 of 878 Page 821 of 878           Page 822 of 878 New Busine ss and Com mission Re quests - R9 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS. RECOMMENDATION Make appointments as indicated. ANALY SIS The applicants that have filed with the Office of the City Clerk for the below At-Large appointments are included in item R9A. BOARD AND COMMIT T EES: 1. AFFORDABLE HOUSING ADV ISORY COMMITTEE VACANCY (1): · One citizen who represents essential services personnel, as defined in the local housing assistance plan. POSSIBLE REAPPOINTMENTS TO BE MADE (2): · 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 making the appointments. 1. Michael Feldman 2. ART IN PUBLIC PLACES COMMITTEE VACANCY (1): · One citizens who shall possess a high degree of competence in evaluation of art history and Page 823 of 878 architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. 3. BOARD OF ADJUSTMENT VACANCIES (0): POSSIBLE REAPPOINTMENT TO BE MADE (1): · Real Estate Developer. 1. Noah Fox 4. CULTURAL ARTS COUNCIL VACANCIES (0): POSSIBLE REAPPOINTMENT TO BE MADE (1): · At-Large. 1. Israel Sands 5. DESIGN REV IEW 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): · One Citizen At-Large. POSSIBLE REAPPOINTMENTS 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 demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States. 1. Kathleen Phang 6. HEALTH ADVISORY COMMITTEE VACANCIES (4): Page 824 of 878 Two administrators from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility (ALF). One health benefits provider. One physician. POSSIBLE REAPPOINTMENT TO BE MADE (1): · Ex-Officio, Miami-Dade County Health Department. 1. Marisel Losa 7. HEALTH FACILITIES AUTHORITY BOARD VACANCIES (0): POSSIBLE REAPPOINTMENT TO BE MADE (1): · Health Provider. 1. Mark Sinnreich 8. HUMAN RIGHTS COMMITTEE VACANCIES (0): POSSIBLE REAPPOINTMENT TO BE MADE (1): · Citizen who shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. 1. Monica Harvey 2. Amy Rabin 9. NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT VACANCIES (0): POSSIBLE REAPPOINTMENTS TO BE MADE (3): · T hree members of the Executive Committee of the Normandy Shores Homeowners Association. 1. John Bowes 2. Carmen Browne 3. Brett Harris 10. PARKS AND RECREATIONAL FACILITIES BOARD VACANCIES (0): Page 825 of 878 POSSIBLE REAPPOINTMENT TO BE MADE (1): · One citizen who have demonstrated a high degree of interest, participation and/or expertise in the sport of tennis. 1. Chris Growald 11. PERSONNEL BOARD VACANCY (1): At-Large position. 12. PLANNING BOARD VACANCY (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 expertise 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 information about which applicants have actually been nominated. The Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/default.aspx?id=85695; 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 main 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 Of f ice of the City Clerk Page 826 of 878 New Busine ss and Com mission Re quests - R9 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM: DAT E:February 8, 2017 SUBJECT:DR. STANLEY SUTNICK CI TI ZEN'S FORUM. (8:30 A.M.) DR. STANLEY SUTNICK CI TI ZEN'S FORUM. (1:00 P.M.) Legislative Tracking Of f ice of the City Clerk Page 827 of 878 New Busine ss and Com mission Re quests - R9 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Micky Steinberg DAT E:February 8, 2017 SUBJECT:DISCUSSION ON PROMOTING SUSTAINABLE PRACTI CES THROUGH THE REDUCTION OF PAPER USAGE IN MUNI CI PAL OPERATI ONS. ANALY SIS Please add to the February 8, 2017 Commission Meeting agenda, a discussion on promoting sustainable practices through the reduction of paper usage in municipal operations. Legislative Tracking Commissioner Micky Steinberg Page 828 of 878 New Busine ss and Com mission Re quests - R9 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING THE CI TY OF MI AMI BEACH BRANDI NG. RECOMMENDATION This item is being presented to the City Commission for discussion and further direction. ANALY SIS In 2015, the Administration identif ied the creation of an official City of Miami Beach store as a possible avenue to generate additional revenue, while also supporting ongoing ef f orts to build and maintain the city’s brand. To that end, the city began seeking a promotional items distribution company to manuf acture (or have manuf actured through a third-party), market, promote, sell and distribute city promotional items and souvenirs through an online store to be branded exclusively for city purposes. Based on the f eedback and discussions f rom professionals in licensing and tourism it is believed that starting an online store, prior to placing merchandise in stores, may not be successful. As such, the administration recommended doing an overall analysis of our current licensed marks as well as what inventory could be licensed and work directly with manufacturers through non-exclusive license agreements to place official Miami Beach merchandise in stores. The city entered into an agreement with Beanstalk, an internationally top ranked global licensing agenc y, to create a strategic licensing and merchandising program to enhance the consumer perceptions of Miami Beach as a lif estyle brand and continue to grow tourism to our destination. In addition, this program will generate external partner revenue streams with a positive return on investment. The partnership with Beanstalk included a thorough analysis of the current marks and logos of the City of Miami Beach. During this discussion it was determined that what we are currently using as a city logo is not a logo, but merely a word mark. To create a successful licensing and merchandising program, and continue to promote the City as a global tourist destination, Beanstalk and the Marketing and Communications staf f began working on the creation of a new logo. W hile considering this new design we asked Beanstalk to present various options ranging from designs that were somewhat close to our current mark to designs that pushed the envelope. Page 829 of 878 Af ter several months reviewing various logos, the Communications team narrowed the search down to three options that were presented at the December 14th Commission meeting. Per Commission direction, the Communications team consulted with the Arts In Public Places committee and conducted an online survey asking the public f or their feedback on the three finalists. Additionally, the team consulted with the Miami Beach Visitor and Convention Authority and the City’s trademark attorney. Af ter extensive discussions, it was determined that the needs for the merchandising and licensing logo differ f rom the needs of the City’s municipal logo. Therefore, our recommendation is that we proceed with two separate logos. W e ask to continue fine-tuning the existing Miami Beach logo for municipal use, while simultaneously continuing our work with Beanstalk to create a unique and protectable logo that captures the essence of Miami Beach at retail. The incorporation of the new municipal logo will be tiered to ensure the least expenses to the City. The immediate changes would include electronic letterheads, memorandums, and all other electronic f iles, social media, website, and all other digital items where it can be immediate replaced. The next steps would include all f uture printing of signage, business cards, flyers, postcards and other printed materials. Beyond that the change would be incorporated on vehicles and all other items where the logo would need to be replaced. Upon final selection of the new merchandising and licensing logo, Beanstalk will then begin working on a comprehensive style guide and sales materials, which will then lead to the official start of the licensing and merchandising program for the City. Possible partnerships discussed include apparel and accessories, home décor, textiles, publishing, consumer electronic accessories, beach gear and accessories, souvenir and novelty products. CONCLUSION The City of Miami Beach is a world-class tourist destination. The licensing and merchandising program will reinforce the brand recognition and keep Miami Beach top of mind while generating alternative revenue. The creation of a new logo that includes a symbol and branding is imperative to the success of this program. Legislative Tracking Marketing and Communications Page 830 of 878 New Busine ss and Com mission Re quests - R9 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Kristen Rosen Gonzalez DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING ADDING BELLE ISLE TO ONE OF THE CURRENT TROLLEY ROUTES. ANALY SIS Please add a discussion item to the February 8, 2017 Commission meeting, regarding adding Belle Isle to one of the current trolley routes. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 831 of 878 New Busine ss and Com mission Re quests - R9 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Kristen Rosen Gonzalez DAT E:February 8, 2017 SUBJECT:DISCUSSION ON HOW THE CITY COULD CREATE A SAFE AND CONVENIENT WAY FOR PEDESTRI ANS TO WALK ALONG DADE BOULEVARD DURI NG THE CONVENTI ON CENTER CONSTRUCTI ON. ANALY SIS I would like to discuss how the City could create a safe and convenient way for pedestrians to walk along Dade Boulevard during the Convention Center construction. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 832 of 878 New Busine ss and Com mission Re quests - R9 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Kristen Rosen Gonzalez DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING MI AMI BEACH OFFERING A TROLLEY LOOP TO THE WYNWOOD AND MIDTOW N NEI GHBORHOODS I N THE CITY OF MIAMI. ANALY SIS I would like to propose that Miami Beach of f er a trolley loop to City of Miami -- Wynwood and Midtown neighborhoods. Many constituents requested it, and if the County agrees, this could be easily implemented. Legislative Tracking Commissioner Kristen Rosen Gonzalez Page 833 of 878 New Busine ss and Com mission Re quests - R9 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Kristen Rosen Gonzalez DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING HI STORI C PLAQUES FOR HISTORICALLY DESIGNATED HOMES AND HOTELS. ANALY SIS Please place on the February 8, 2017 Commission meeting, a discussion regarding the placement of plaques at historically designated homes and hotels. Does the City have a standard plaque that it uses? Owners of historic properties should get some type of prominent, impressive-looking plaque to display. Legislative Tracking Kristen Rosen Gonzalez Page 834 of 878 New Busine ss and Com mission Re quests - R9 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:DISCUSSION ON POTENTI AL OPTI ONS FOR THE RE-ENGAGEMENT OF DOVER-KOHL IN THE REVIEW OF CONSERVATI ON DI STRICTS FOR NORTH BEACH. ANALY SIS On July 13, 2016, the City Commission approved a 180 day temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: · T he “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. · The “Normandy Isles 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 Indian Creek to the east. This 180 day moratorium expired on January 11, 2017. T he Tatum Waterway portion of the demolition moratorium is proposed to be extended to July 11, 2017 by the City Commission; Second Reading adoption of this moratorium ordinance is scheduled for February 8, 2017. T he remainder of the National Register areas proposed to be included within a Conservation District is included within a separate demolition moratorium, which is scheduled to be considered by the City Commission at First Reading on February 8, 2017. On December 9, 2016, the Mayor and City Commission held a Special City Commission meeting and modified the boundaries of the proposed Local Historic Districts recommended by the Historic Preservation Board. The local designation process is currently pending before the historic preservation board. Additionally, on December 9, 2016 the City Commission referred a discussion regarding a zoning overlay and conservation districts for the North Shore and Normandy Isles National Register Districts to the Land Use and Development Committee. The Land Use Committee discussed draft recommendations for the proposed Conservation District Overlay on January 18, 2017, and continued the item to February 15, 2017. Page 835 of 878 Finally, on December 9, 2016 the City Commission requested that the Administration reach out to the North Beach Master Planner, Dover-Kohl, to gauge their interest in participating in the Conservation District Overlay process. T he Administration met with Mr. Jason King from Dover-Kohl, who expressed interest in participating in the Conservation District effort. Attached is a proposal submitted by Dover-Kohl, outlining different assistance options. These options range in cost from $5,000 to $50,000, depending upon the amount of time required. As it pertains to the proposals submitted, the Administration believes that Tier 2 would be the best approach, as it would allow Dover-Kohl to provide additional planning expertise in a review and assistance capacity. T heir familiarity with the North Beach Master Plan would be beneficial, particularly in the capacity of a peer review. T his would make the development of the conservation districts more informed, and provide City planning staff with an additional, professional resource. This engagement is for professional planning review and recommendations. Staff is prepared to handle the public meetings required during the legislative process. CONCLUSION The Administration recommends that the Mayor and the City Commission discuss the item and provide appropriate policy direction. If there is consensus on re-engaging Dover-Kohl to participate in the Conservation District effort, it is further recommended that Tier 2 be considered, with a total cost not to exceed $20,000.00. Legislative Tracking Planning / Of f ice of the City Manager ATTACHMENTS: Description Dover-Kohl Proposal Page 836 of 878 1571 Sunset Drive, Coral Gables, Florida 33143 T (305) 666-0446 F (305) 666-0360 doverkohl.com January 24, 2017 Thomas Mooney, Planner Director City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Assistance in the Creation of the Miami Beach Zoning Overlay for the North Shore and Normandy Isle National Historic Register Districts Mr. Mooney, We are happy to present you with this continuing services proposal to assist the City of Miami Beach in the creation of the Zoning Overlay for the North Shore and Normandy Isle National Historic Register Districts. At your request this proposal includes four Tiers for four levels of involvement. It has been a pleasure working alongside the City of Miami Beach and North Beach community to create the plan for North Beach and set the stage for the creation of these new overlays within the North Beach community. We appreciate the opportunity to assist the City further. We understand that a moratorium has been placed on some of the properties in question and that time is of the essence. We have experience putting in place the regulatory tools needed to execute great plans and knowing what methods work best. With our experience working for both private developers and for the public interest, we understand both points of view and have earned a strong track record for approval and adoption. At your request, we have included a scope of work, budget, and timeline. Our previous experience with you as well as our qualifications and other past projects show how we adapt our techniques for each specific situation, and we look forward to refining this scope with you. You may contact me if you have any questions. Thank you for your time. Sincerely yours, DOVER, KOHL & PARTNERS Jason King, AICP, CNU-A Vice President, Principal jking@doverkohl.com 305.666.0446 Page 837 of 878 AGREEMENT FOR MASTER PLANNER OF THE NORTH BEACH DISTRICT ADDENDUM 1: ADDITIONAL SERVICES TO ASSIST THE CITY OF MIAMI BEACH WITH ZONING OVERLAY FOR THE CONSERVATION DISTRICTS FOR THE NORTH SHORE AND NORMANDY ISLE NATIONAL REGISTER DISTRICTS This Addendum 1 (this “Addendum”) made and entered into this date ______________, 2017 supplements the Contract (the “Contract”) made and entered into on October 5, 2015, by and between the City of Miami Beach (hereinafter called the “CITY”), and The Image Network, Inc., d/b/a Dover, Kohl & Partners (hereinafter called “DKP” or “Consultant”), located at 1571 Sunset Drive, Coral Gables, Florida 33143. ARTICLE I Scope of Services The planning team shall consist of Dover, Kohl & Partners (DKP) and shall involve working with Planning Staff on the Zoning Overlay for the Conservation Districts for the North Shore and Normandy Isles National Historic Register Districts. Four possible Tiers of involvement are proposed. Each Tier consists of meetings, the drafting of report material, and the drafting of overlay language. DKP will provide design consultation, drawings, exhibits, and participation in meetings with a Steering Committee, stakeholders, other consultants, and public entities as necessary to assist Planning Staff to develop the Zoning Overlay. Tier 1, Assistance: $5,000 (in fees and expenses)  Attend up to three meetings of the North Beach Steering Committee and one adoption meeting involving appointed or elected board such as the Design Review Board, Historic Preservation Board, Planning Board, Land Use Committee, or the City Commission.  Peer Review of report material and overlay language that is drafted by City of Miami Beach staff. Tier 2, Assistance: $18,000 (in fees and expenses)  Attend up to five meetings of the North Beach Steering Committee and three adoption meetings involving an appointed or elected board such as the Design Review Board, Historic Preservation Board, Planning Board, Land Use Committee, or the City Commission.  Assist the Planning Department in the creation of report material illustrating the Zoning Overlay. Working with the Steering Committee and Staff, questions to explore within the reports may include: Page 838 of 878 o Are the incentives offered to redevelop historically contributing structures incentives to redevelop or to demolish? Every incentive has both an intended effect and a foreseeable but unintended effect. These will be explored. o What is the optimal number of lots to allow for aggregation within the district? Lot aggregation allows for economic development and climate adaptation but must maintain community character. o What kind of regulatory incentives can be used to encourage the elevating of historic buildings? o How can residential waterways be activated with recreational or dining uses while not creating a nuisance for surrounding neighbors? o How can contributing buildings be adapted to handle climate change and sea level rise? o How can the residential areas of North Beach solve (or ameliorate) parking deficiencies? o What setback requirements are contextually appropriate? o What is the optimal maximum height for new construction? It is not uncommon for additional floors to be allowed to compensate for first or second floors lost to adaptation. o What about the privatization of right-of-ways? Often this approach is used to create larger residential complexes. Sometimes this approach is a needed incentive and at other times it is at odds with community character. o How do the guidelines proposed for North Beach (in the form of the Zoning Overlay) compare with guidelines elsewhere on the island? o How well does the Zoning Overlay accomplish the goals of Plan NoBe, the adopted North Beach Plan? o To illustrate the concepts above, between 3 and 5 illustrations are envisioned.  Assist Planning Department Staff in the drafting of the Zoning Overlay. The implementing language of a Zoning Overlay should be succinct; however, every word is important, and multiple iterations can be assumed. Tier 3, Co-Creation and Scenario Planning: $25,000 (in fees and expenses)  Attend up to eleven meetings of the Steering Committee and Boards.  Assist the Planning Department in the creation of report material as described in Tier 1. Additionally, involve the use of Scenario Planning looking at multiple possible scenarios for build-out of a street or block under the proposed Zoning Overlay. This involves closely working with Staff to illustrate how development might occur under the full realization of the Zoning Overlay. o To illustrate the concepts above, between 5 and 7 illustrations are envisioned.  Assist Planning Department Staff in the drafting of the Zoning Overlay as described in Tier 2. Tier 4, Co-Authorship, Scenario Planning, and Additional Topics: $50,000 (in fees and expenses) Page 839 of 878  Attend up to fourteen meetings of the Steering Committee and Boards.  Assist the Planning Department (to the maximum extent requested by Staff) in the creation of report material as described in Tier 2. o To illustrate the concepts above, between 7 and 9 illustrations are envisioned.  Assist Planning Department Staff (the maximum extent requested) in the drafting of the Zoning Overlay as described in Tier 2.  Explore additional topics using drawings, exhibits, and participation in meetings to include: o Tools to Encourage Development in the Town Center: The neighborhoods of the Zoning Overlay and the Town Center (focused on 71st Street) are inexorably linked. How can Floor Area Ratios be modified in an expedient way to encourage the Town Center vision described in Plan NoBe? o As a follow-up to discussions with Commission members DKP proposes exploring “Living with Water” solutions in Miami Beach. Miami Beach already leads the nation in conventional “pumping and lifting” storm water infrastructure investments and policies. However, a complimentary approach used elsewhere in the world and discussed frequently by stakeholders on Miami Beach (including Isaac Stein’s “Living with Water”). DKP proposes working with AECOM and Staff to study the possibility of an exposed drainage canal along Jefferson and a larger canal along 5th Street. As the City of Miami Beach continues to adapt to a changing reality, testing out new ways to manage storm water and incrementally incorporate fluvial infrastructure into the urban fabric of the city will become increasingly important. Exploring open-air drainage canals is a key first step in this process. Jefferson, a lower-traffic residential street, is a good candidate to test a one-way street with drainage canal configuration more commonly found in other cities. 5th Street, on the other hand, which serves as a main outflow axis for storm water is another great site to test a larger canal. While the canal itself could become a central feature on this street, traffic considerations must be studied further to support the reduction of the roadway. SCHEDULE: Client shall Dover, Kohl & Partners understands that time is of the essence and is prepared to begin work immediately upon receipt of an executed agreement. ARTICLE II Professional Fee Dover, Kohl & Partners will provide services on an as needed hourly basis plus reimbursement for direct expenses at the rates specified below. As estimated Not-To-Exceed Fee is provided for each Tier of work based on the anticipated hours needed to complete the proposed services. Page 840 of 878 We suggest an initial budget of for each Tier as follows: Tier 1: $5,000 Tier 2: $18,000 Tier 3: $25,000 Tier 4: $50,000 Dover, Kohl & Partners shall notify the client once the approval Not-To-Exceed Fee is approached to determine how to either complete tasks under the existing budget, or if additional funds are required. Consultant shall receive written approval before exceeding approved fees. Services will be invoiced monthly reflecting the number of actual hours worked and reimbursable expenses incurred as fees accrue. Hourly Rate Schedule Where this Agreement provides for Client’s payment to Consultant of compensation on an hourly basis, professional fees shall accrue and compensation shall be paid in accordance with the following hourly rate schedule: Dover, Kohl & Partners Lead Principal $ 375 Principal $ 300 Sr. Project Director $ 185 Project Director $ 150 Illustrators $ 185 Sr. Town Planner/Urban Designer $ 140 Town Planner/Urban Designer $ 90 Clerical Staff $ 45 Page 841 of 878 IN WITNESS WHEREOF, the parties have executed this Addendum: By: By: Thomas Mooney, Planning Director Joseph Kohl, Principal City of Miami Beach Dover, Kohl & Partners Date: Date: Page 842 of 878 New Busine ss and Com mission Re quests - R9 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING A PROPOSED CROSSWALK AT THE ALTON ROAD AND 9TH STREET INTERSECTI ON. ANALY SIS In July 2015, the City of Miami Beach requested that the Florida Department of Transportation (FDOT) evaluate a crosswalk at the intersection of Alton Road and 9th Street. At that time, FDOT was finalizing the Alton Road Reconstruction Project f rom 5th Street to N. Michigan Avenue and no accurate traf f ic data could be collected. In April 2016, FDOT completed a traffic study to determine if the implementation of a pedestrian crosswalk at the intersection of Alton Road and 9th Street was warranted and feasible. According to the data collected, the average number of pedestrians in the peak f our (4) hours was approximately 45. Based on the pedestrian data collected in the field, a crosswalk enhanced with a Rapid Rectangular Flashing Beacon or Pedestrian Hybrid Beacon (HAWK) was found to be warranted for this location; however, at that time, FDOT determined that the current geometric conditions could not accommodate a crosswalk. The Alton Road and 9 th Street intersection currently has a landscaped median island dividing north-south traf f ic. This median also serves to channelize northbound and southbound lef t turns to access 9th Street. In order to implement the proposed crosswalk, the southbound lef t turn would need to be removed, or at a minimum truncated to only serve the existing driveway, as this movement would be in direct conf lict with the proposed crosswalk at the intersection. Based on the data collected as part of the FDOT study, the peak hour f or the lef t turns was observed to be on Fridays between 1:00 PM and 2:00 PM (48 southbound left turns). The removal of the left turn movement at Alton Road/9th Street would add less than one car per minute to the adjacent signalized intersections of Alton Road/8th Street and Alton Road/10 th Street. FDOT expressed that it would support the implementation of a crosswalk at Alton Road/9th Street as long as the existing southbound lef t turn lane was completely removed. The elimination of the existing left turn lane would not allow any access to the businesses in the northeast corner of the intersection (Attachment A). As part of the coordination with FDOT, the City developed an alternative f or this intersection that Page 843 of 878 would reduce the impact to the adjacent businesses. The City’s alternative proposes to truncate the existing left turn lane at the entrance to the shopping center in the northeast corner such that lef t turns would be allowed at the driveway entrance but not at the intersection of Alton Road/9th Street (Attachment B). FDOT expressed concerns with the City’s alternative because it would allow vehicles to cut-through the shopping center to access 9th Street. FDOT advised that they would fund the implementation of the alternative developed by its staf f (i.e., the complete removal of the southbound left turn lane) and would not f und the implementation of the City’s alternative (i.e., partial removal of the southbound lef t turn lane). Based on preliminary estimates and recent meetings with FDOT, the cost to implement the City’s alternative would be approximately $500,000 and would need to be borne by the City. This cost includes all the site work related to the restoration of the surrounding areas. Since the removal of the southbound left turn movement constitutes a modification to the current access management, the implementation of this project would need to follow the access management procedure outlined in the FDOT Plans Preparation Manual. This procedure requires that a public meeting be held prior to the implementation of the access management modifications. The City would assist FDOT with conducting the required public hearing. CONCLUSION This item is being presented to the City Commission for discussion on the alternatives and further direction. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes T hroughout T he City Legislative Tracking Transportation Sponsor Commissioner Michael Grieco ATTACHMENTS: Description Attachment A- FDOT Alternative Attachment B- City Alternative Page 844 of 878 Page 845 of 878 Page 846 of 878 New Busine ss and Com mission Re quests - R9 L COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Ricky Arriola DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDI NG THE STATUS OF THE BEACHWALK FROM 3RD TO 5TH ST. ANALY SIS Please place this discussion item on the February 8, 2017 City Commission agenda. Legislative Tracking Commissioner Ricky Arriola Page 847 of 878 New Busine ss and Com mission Re quests - R9 M COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Micky Steinberg DAT E:February 8, 2017 SUBJECT:DISCUSSION REGARDING ESTABLISHING A ONE YEAR GRACE PERIOD AND PROCEDURE TO BRING STRUCTURES BUILT OR REMODELED W I THOUT PROPER PERMITS OR BUI LT LACKI NG MANDATORY INSPECTIONS INTO COMPLIANCE W I TH THE BUI LDING CODE. RECOMMENDATION Please add to the February 8, 2017 Commission Meeting agenda, a discussion regarding establishing a one year grace period and procedure to bring structures built or remodeled without proper permits or built lacking mandatory inspections into compliance with the Building Code. Legislative Tracking Commissioner Micky Steinberg Page 848 of 878 New Busine ss and Com mission Re quests - R9 N COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Vice-Mayor Joy Malakoff DAT E:February 8, 2017 SUBJECT:DISCUSSION I TEM REQUESTI NG AN UPDATE FROM THE POLICE DEPARTMENT AND OFFICE OF COMMUNI TY SERVICES REGARDI NG THE CHANGE IN HOURS OF LIQUOR SALES FROM 8:00 A.M. TO 10:00 A.M. RECOMMENDATION Please add to the February 8, 2017 Commission Meeting Agenda, a discussion item requesting an update from the Police Department and Office of Community Services regarding the change in hours of liquor sales from 8:00 a.m. to 10:00 a.m. Legislative Tracking Vice-Mayor Joy Malakof f Page 849 of 878 New Busine ss and Com mission Re quests - R9 O COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner John Elizabeth Aleman DAT E:February 8, 2017 SUBJECT:DISCUSSION ITEM TO RECONSIDER THE CITY'S USE OF BONDED AGGREGATE FOR TREE PITS. ANALY SIS Please include in the February 8, 2017 City Commission Agenda, an item to discuss the City's use of bonded aggregate in City tree pits. The City currently uses bonded aggregate to f ill tree pits within commercial areas; however, this material is unattractive and can raise and crack as shown in the attached picture. In the past the City has used iron grates which are more beautiful. It would prove benef icial to compare the advantages and disadvantages with regards to location, cost, maintenance and safety risks of bonded aggregate to metal grates and other materials. From an aesthetic standpoint, I would be interested in exploring returning to the metal grates, either city wide or at least in high traffic tourist areas. If you have any questions please do not hesitate to call our office at ext. 6437. Legislative Tracking Commissioner John Elizabeth Aleman ATTACHMENTS: Description Cracked Bonded Aggregate Page 850 of 878 Page 851 of 878 New Busine ss and Com mission Re quests - R9 P COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner Ricky Arriola DAT E:February 8, 2017 SUBJECT:DISCUSS ADAPTI VE REUSE OF BUILDI NGS ALONG HARDI NG AVENUE. ANALY SIS Please add this discussion item to the February 8, 2017 City Commission agenda. Legislative Tracking Commissioner Ricky Arriola Page 852 of 878 City Attorney Reports - R10 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:CITY ATTORNEY STATUS REPORT. ANALY SIS See Memorandum Attached. Legislative Tracking Of f ice of the City Attorney ATTACHMENTS: Description Memorandum Page 853 of 878 MIAM BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Raul Aguila, City Attorney `)C((-1?. DATE: February 8, 2017 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT: 1. Fountain Park Village Homes Condominium Association, Inc. vs Anna Rodriguez, et al., Case No. 16-31976 CA 34 (Circuit Court — 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a condominium lien on real property located at 6960 NW 166 Terrace, #1501, Miami Lakes, Florida. The Summons and Complaint were served on the City on January 4, 2017. The City's Answer and Affirmative Defense was filed on January 9, 2017. 2. The City of Miami Beach, Florida vs The School Board of Miami-Dade County Case No. 17-672 CA 21 (Circuit Court — 11th Judicial Circuit in and for Miami- Dade County, Florida) This is an action to collect monies owed to the City as a result of the School Board's failure to timely pay stormwater and related charges for numerous school properties located in the City. The Complaint was filed on January 11, 2017. 3. Kevin J. Stewart v. City of Miami Beach, Case # 16-032858 CA 01 (10) (Circuit Court — 11th Judicial Circuit In And For Miami Dade County). The City was served with this complaint on January 10, 2017 alleging that on March 11, 2016, the Plaintiff, Kevin J. Stewart, was falsely arrested by a City Police Officer and charged with disorderly conduct in alleged violation of Florida Statutes section 877.03. The complaint alleges that Stewart was standing on a sidewalk near Ocean Drive and 8th Street in the City of Miami Beach. Without warning or cause, Stewart — while standing on the sidewalk — was apprehended by two City Police Officers, who pushed him face down on the sidewalk, handcuffed him, and then put him into the back of a van where he remained for several hours. At no time was Stewart advised why he was apprehended, that he was under arrest, or what charges were made against him. We shall file our response and propound discovery to the Plaintiff. Page 854 of 878 City Attorney's Report February 8, 2017 Page 2 4. Frances Mora v. S&W of Miami, L.L.C., and City of Miami Beach, Case # 16- 009356 CA 01 (Circuit Court — 11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on January 12, 2017 alleging that on March 12, 2015, the plaintiff, Frances Mora, was walking at 1 Washington Avenue at South Pointe Park by the outdoor sitting area of Smith and Wollensky Restaurant when she tripped around the location between the raised differential in the sidewalk and the seating area of the Smith and Wollensky Restaurant outdoor sitting area. Plaintiff tripped from the sidewalk unto the outdoor siting area in question. The Plaintiff is suing S&W as a co-defendant in the case. We shall file our answer to the complaint and propound discovery to the plaintiff. We shall also tender the case to S&W's insurance carrier pursuant to the concession agreement with the City that gives S&W the right to use the outdoor location. 5. Megan Adamescu, v The City of Miami Beach, and Phillipe Archer Case No. 17- CV20034 (United States District Court for the Southern District of Florida) Plaintiff sued the City and an individual officer in federal court alleging false arrest and excessive force. The City Attorney's Office will vigorously defend this lawsuit. 6. Bake House SB, LLC d/b/a Bake House, v. The City of Miami Beach Case No. 17-000067-CC-24 (Circuit Court - 1 1 th Judicial Circuit in and for Miami-Dade County) Plaintiff sued the City alleging that the City's prohibition on entertainment establishments in the South of Fifth neighborhood violates the First Amendment. The City Attorney's Office will vigorously defend this lawsuit. 7. The City of Miami Beach, Florida vs Anileys Albelo, Case No. 17-133 CC 24 (County Court in and for Miami-Dade County, Florida) This is a tenant eviction action to eviction Anileys Albelo from the premises located at 1965 Washington Avenue, Apartment 202, Miami Beach, FL. The complaint was filed on January 19, 2017. 8. Niki Colleen Livingston v. City of Miami Beach, Officer Jesus Dominguez and Officer Michelle Sayegh Case No. 1:17-CV-20092-DPG United States District Plaintiff sued the City and an individual officer in federal court alleging false arrest and excessive force. The City Attorney's Office will vigorously defend this lawsuit. Page 855 of 878 City Attorney's Report February 8, 2017 Page 3 9. Patricia Wilcox v. City of Miami Beach et al, Case No. 062016 CA 01 (Circuit Court — 17th Judicial Circuit in and for Broward County). The City was served with this complaint on January 25, 2017 alleging that on September 4, 2012, the plaintiff, Patricia Wilcox, was walking on the sidewalk in front of a subway shop at 7415 Collins Avenue, in Miami Beach, FL when she tripped and fell due to an uneven sidewalk and got injured. She is suing the City and various defendants including the Subway Group in Broward County. I spoke to Plaintiff counsel, Mr. Charles Barnard, to inform him that I will be filing a motion to dismiss for improper venue as he had sued the City in Broward County as opposed to Dade County where our municipality is located. He said he is going to voluntary move the case to Dade County in lieu of our not filing the motion to dismiss for improper venue. Once the case is moved to Dade County, we shall file our answer and propound discovery to the plaintiff. 10. Walder Stinfl v. City of Miami Beach Case No. 16-032364-CA11 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida) Plaintiff sued the City alleging that the City's workforce violence policy violates state law preempting gun regulation to the state. The City Attorney's Office will vigorously defend this lawsuit. RA/EB/RR/SR/Ir F: \ATTO\AAOFF \AAOFFNF I LE.#S120171Status Report CAO 020817.docx Page 856 of 878 Re ports and Informational Ite ms 1. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:REPORT FROM COMMI SSION COMMITTEES OF W I THDRAW N ITEMS NOT HEARD W I THIN (6) SI X MONTHS FROM REFERRAL DATE. ANALY SIS Pursuant to Resolution No. 2013-28147, items that are ref erred to Commission Committees to be reviewed, but are not heard by that Committee within (6) six months of its ref erral date are automatically withdrawn. Below is a list of item(s) that were automatically withdrawn f or February 2017: Neighborhood/Community 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 There are no items to be automatically withdrawn at this time. Legislative Tracking Of f ice of the City Clerk Page 857 of 878 Notices 1. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:MI AMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS. RECOMMENDATION Miami Beach Redevelopment Agency (RDA) Members: Chairperson of the Board Philip Levine Member of the Board John Elizabeth Alemán 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 Of f ice of the City Clerk Page 858 of 878 Notices 2. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA. RECOMMENDATION ANALY SIS THE REGULARLY SCHEDULED MEETINGS OF THE CI TY COMMISSION ARE ESTABLISHED BY RESOLUTI ON. SCHEDULED MEETI NG DATES ARE AVAILABLE ON THE CITY’S WEBSITE, DISPLAYED ON MBTV, AND ARE AVAILABLE I N THE OFFI CE OF THE CITY CLERK. COMMISSION MEETINGS COMMENCE NO EARLI ER THAN 8:30 A.M. GENERALLY THE CI TY COMMI SSION I S I N 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, 8:30 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 f or either session of the Forum. In 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 f or each session, with individuals being limited to no more than three (3) minutes or f or 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: www.miamibeachfl.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 Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In 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 Manager's staf f . "Requests for Agenda Consideration" will not be placed on the Agenda Page 859 of 878 until af ter Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in suf f icient 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 suf f icient 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, bef ore 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. W hen there are scheduled public hearings on an Agenda item, IT I S 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. I f a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls f or 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 specif ic item. Each speaker will be limited to three minutes, or f or a longer or shorter period, at the discretion of the Mayor. Legislative Tracking Of f ice of the City Clerk Page 860 of 878 Notices 3. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:USE OF AUDI O VI SUAL EQUIPMENT IN THE COMMI SSI ON CHAMBERS FOR PRESENTATIONS DURING PUBLI C MEETI NGS. RECOMMENDATION See LTC No. 531-2016 attached. Legislative Tracking Marketing and Communications ATTACHMENTS: Description LT C Page 861 of 878 MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC# 531-2016 LETTER TO COMMISSION TO: Mayor Philip Levine and Members the City Co;t mission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2016 SUBJECT: USE OF AUDIO VISUAL EQUIPM NT IN THE COMMISSION 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. In 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 meeting, 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: communicationsmiamibeachfl.gov b. Hand delivered on a jump drive or CD to the communications office at 1701 Meridian Avenue, Miami Beach, FL 33139 c. IT 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 office to ensure that the public notices and agendas remind the public of these new procedures. We look forward to assisting in making sure that commission meetings run as efficiently and effectively as possible. JLM/MM/TD Page 862 of 878 Notices 4. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rafael E. Granado, City Clerk DAT E:February 8, 2017 SUBJECT:2017 COMMISSION MEETI NG DATES. ANALY SIS Attached please see the 2016 Commission Meeting dates. Legislative Tracking Of f ice of the City Clerk ATTACHMENTS: Description Attachment Page 863 of 878 2017 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA) MEETING DATES Commission/RDA Meetings Presentation & Awards/Commission Meetings (Start at 8:30 a.m.) (Start at 5:00 p.m.) January 11 (Wednesday) January 25 (Wednesday) February 8 (Wednesday) P&A will be heard in the February 8th 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. In those cases where the Regular Commission Meeting is combined with the P&A Meeting, Presentations will start at 5:00 p.m., unless noted otherwise. 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, 8:30 a.m. and 1:00 p.m. Approximately thirty (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\LILIA\COMMISSION MEETING DATES FILE\2017\2017 Commission Dates.doc Page 864 of 878 Notices 5. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:February 8, 2017 SUBJECT:ADVERTI SEMENTS FOR THE FEBRUARY 8, 2017 COMMI SSI ON MEETI NG. Legislative Tracking Of f ice of the City Clerk ATTACHMENTS: Description Ads Page 865 of 878 Page 866 of 878 22N E NEIGHBORS THURSDAY JANUARY 26 2017 MIAMIHERALD.COM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS FEBRUARY 8, 2017 NOTICE IS HEREBY given that the following public hearings will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017, at the times listed, or as soon thereafter as the matter can be heard: 10:25 a.m. 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, COMMERCIAL CATEGORY (CD 2), I !ICI I INTENSITY COMMERCIAL CATEGORY (CD 3) I UDLIC FACILITY I IOCrITAL PI (ff-I ID), rUDLIC FACILITY. GOVERNMENTAL USES (Pr), PARKING (P), GENERAL MIXED USE COMMERCIAL "rLnrORMANCL AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION "RECREATION OPEN SPACE" (ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING TI IE rARKINC (P) LAND USE CATEGORY TO ALLOW TI IOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES, INCLUDING, OUT NOT LIMITED TO, RESIDENTIAL USCG WI IEN ASSOCIATED WITI I 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 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 OPTIONS; OBJECTIVE 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 INFRASTRUCTURE; OBJECTIVE 6, ENTITLED "MULTI -MODAL TRANSPORTATION AND MOBILITY OPTIONS," TO CLARIFY STRATEGIES TO IMPLEMENT MULTI -MODAL TRANSPORTATION OPTIONS; 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; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Sections 118 -163 and 118 -164 of the City's Land Development Code; Section 2.05 of the City Charter, and Section 166.041 Florida Statues. Inquiries may be directed to the Planning Department at 305.673.7550. 10:30 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS /PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE /BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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 PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Sections 2.05 of the City Charter and §166.041 Florida Statues. Inquiries may be directed to the Planning Department at 305.673.7550. 11:00 a.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 142 -367 OF THE CITY'S CODE, AUTHORIZING THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA; WAIVING BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142 -362 AND 142 -363, ENTITLED "MAIN PERMITTED USES," AND "CONDITIONAL USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL FOR HIRE LOCATED AT THE MIAMI BEACH BOTANICAL GARDEN OPERATED BY MIAMI BEACH GARDEN CONSERVATORY INC. This Resolution is being heard pursuant to Sections 142 -367 and 142 -425 of the City's Land Development Code and Section 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550. 11:05 a.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 142 -425 OF THE CITY'S CODE, AUTHORIZING THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; AND TO THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI BEACH, FLORIDA; WAIVING BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142 -422 AND 142 -423, ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF THE BANDSHELL FACILITY AND A HALL FOR HIRE LOCATED AT THE CITY -OWNED NORTH SHORE BANDSHELL OPERATED BY THE RHYTHM FOUNDATION, AND THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL FOR HIRE LOCATED AT THE CITY -OWNED RONALD W. SHANE WATERPORTS CENTER OWNED (LAND LEASE) AND OPERATED BY MIAMI BEACH WATERSPORTS INC. This Resolution is being heard pursuant to Section 142 -425 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550. 11:15 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 HEARING, THE NAMING OF THE FOUNTAIN WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT. This Resolution is being heard pursuant to § 166.041 F.S. Inquiries may be directed to the Parks and Recreation Department at 305.673.7730. 11:20 a.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. This Resolution is being heard pursuant to Sections 166.041 and 166.241 F.S. Inquiries may be directed to the Office of Budget and Performance Improvement at 305.673.7510. Dr. Stanley Sutnick Citizen's Forum - Pursuant to Resolution No. 2013 - 28440, the times for the Dr. Stanley Sutnick Citizen's Forum are 8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thirty minutes will be allocated to each session, with individuals being limited to no more than three minutes or for a period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 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" Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1" 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 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.aov or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1274 Rafael E. Granado, City Clerk City of Miami Beach Page 867 of 878 THURSDAY JANUARY 26 2017 MIAMIHERALD.COM NEIGHBORS 2 3 N E MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE PERTAINING TO NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM FEBRUARY 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing, will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 10:30 a.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS /PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE /BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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 PROVIDING FOR AN EXPIRATION DATE. Map indicating the area covered by the proposed Ordinance YIbY 1a. 1111 ' llltl111111f1'i1111111i . 111111111111111 I11I11111i t11 101 u 11111+11 1 111 hair111w . IIIr 1 1111 1111.11! IPA 1i11i 1.) irk' 1.0 01 1 i_FI.I 1'I J0,4111 UM MI MS. 1 1111 11117.111144 11 — j II '11 I111 Ii• .011 1, 111i Jlp+7'!le 1 •1711 1711 01111 1t141i7F lay III - 111. 1 11 This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 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" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 15` Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov. or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1275 Rafael E. Granado, City Clerk City of Miami Beach Page 868 of 878 Page: NE_AdNE_2,Pub. date:Thursday,January 5Last user:jdubin@miamiherald.com Edition: 1s tSection, zone:,NELast change at:15:36:14 January 3 THURSDAY JANUARY52017 NEIGHBORS 7NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HEARINGS FEBRUARY 8,2017 NOTICE IS HEREBY giventhat thefollowingpublic hearings will be heldbythe Mayorand CityCommissionersofthe CityofMiamiBeach,Florida,inthe Commission Chamber,ThirdFloor,CityHall,1700 ConventionCenter Drive,Miami Beach,Florida,onFebruary 8,2017,at thetimes listed,orassoonthereafter as the mattercan be heard: 11 :00 a.m. ARESOLUTION OF THE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,PURSUANT TO SECTION 14 2-367OFTHE CITY’S CODE, AUTHORIZINGTHE WAIVER OF CERTA IN REGULATIONS APPLICABLE TO THE MIAMIBEACH BOTA NICALGARDEN,LOCAT ED AT 2000 CONVENTION CENTER DRIVE,MIAMIBEACH,FLORIDA;WAIVINGBYA5/7TH VOTE OF THE CITY COMMISSION,AFTER PUBLIC HEARING,THE DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER)DISTRICT,WHICHREGULATIONS ARE FOUND AT SECTION 14 2-362 AND 14 2-363,ENTITLED “MAINPERMITTED USES,”AND “CONDITIONALUSES,”INORDER TO WAIVETHE REQUIREMENTS RELATING TO ANEIGHBORHOOD IMPACT ESTA BLISHMENT AND AN OUTDOORENTERTA INMENT ESTA BLISHMENT FORTHE CURRENT OPERATIONOFAHALL FORHIRELOCAT ED AT THE MIAMIBEACH BOTA NICALGARDEN OPERATED BY MIAMIBEACH GARDEN CONSERVATORY INC.This Resolutionisbeing heardpursuanttoSection 14 2-367ofthe City’s Land Development Code.Inquiries maybedirected to the PlanningDepartment at 305.673.7550. 11 :05 a.m. ARESOLUTIONOFTHE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,PURSUANT TO SECTION 14 2-425 OF THE CITY’S CODE, AUTHORIZINGTHE WAIVER OF CERTA IN REGULATIONS APPLICABLE TO THE NORTH SHOREBANDSHELL,LOCAT ED AT 7251COLLINS AV ENUE,MIAMIBEACH, FLORIDA;AND TO THE RONALD W.SHANE WATERSPORTS CENTER,LOCAT ED AT 6550 INDIAN CREEK DR,MIAMIBEACH,FLORIDA;WAIVINGBYA5/7TH VOTE OF THE CITY COMMISSION,AFTER PUBLIC HEARING,THE DEVELOPMENT REGULATIONS IN AGU(GOVERNMENT USE)DISTRICT,WHICHREGULATIONS ARE FOUND AT SECTION 14 2-422 AND 14 2-423,ENTITLED “MAINPERMITTED USES ,”AND “PRIVATE USES,”IN ORDERTOWAIVE THE REQUIREMENTS RELATING TO ANEIGHBORHOOD IMPACT ESTA BLISHMENT AND AN OUTDOORENTERTA INMENT ESTA BLISHMENT FORTHE CURRENT OPERATIONOFTHE BANDSHELL FACILITY AND AHALL FORHIRELOCAT ED AT THE CITY-OWNED NORTHSHORE BANDSHELL OPERATED BY THE RHYTHM FOUNDAT ION,AND THE REQUIREMENTS RELATINGTOANEIGHBORHOOD IMPACT ESTA BLISHMENT FORTHE CURRENT OPERATIONOFAHALL FORHIRELOCAT ED AT THE CITY-OWNED RONALD W. SHANE WATERPORTS CENTER OWNED (LAND LEASE)AND OPERATED BY MIAMIBEACH WATERSPORTS INC.This Resolution is beingheardpursuanttoSection 14 2-425 of theCity’s Land Development Code.Inquiries maybedirected to thePlanningDepartment at 305.673.7550. INTERESTED PA RTIESare invited to appear at this meeting,or be represented by an agent,ortoexpress their views in writingaddressed to the CityCommission,c/o the CityClerk,17 00 ConventionCenter Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.Copies of these items areavailablefor public inspectionduringnormal businesshoursinthe Office of the Cit yClerk,17 00 ConventionCenter Drive,1st Floor,CityHall,Miami Beach,Florida 3313 9.This meeting,or any item herein,may be continued,and under suchcircumstances,additionallegal notice need not be provided. Pursuant to Section286.010 5,Fla.Stat.,theCityhereby advises the public that if apersondecides to appeal any decision made by the CityCommissionwith respect to any matterconsideredatits meetingorits hearing,suchpersonmustensurethat averbatim record of the proceedings is made,whichrecord includesthe testimony and evidence upon which the appeal is to be based.This notice does notconstitute consentbythe Cityfor the introduction or admissionofother wise inadmissible or irrelevant evidence,nordoes it authorize challengesorappeals notother wise allowed by law. To request this material in alternateformat,sign language interpreter(five-daynotice required),information on accessfor persons with disabilities,and/orany accommodationtoreviewany document or par ticipate in any Cit y-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6; TTYusersmay call via 711(FloridaRelayService). Members of the public maypresent audio/visual (AV)materials relatingtoAgendaItems at City Commissionmeetings held in the CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the Department of Marketingand Communications by 8:30 A.M.,one (1)businessday prior to the meeting. Advance submittal of apresentationwill allow the Communications Depar tment to plan forthe useofthe appropriateAVequipment.AVmaterials maybesubmitted via email at communicationsmiamibeachfl.gov;or hand delivered in ajump drive,CDorDVD to:Attention:Department of Marketingand Communications,1701Meridian Avenue,Fifth Floor,Miami Beach,FL 3313 9.Presentations,videos or links must include alabel notingthe name or group,contactperson,daytime telephone number, email address,description/title of the presentation and Agenda Item Title as well as theAgendaItemnumber.Acceptableformatsfor electronic submissionare .pdf, .ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Notethat .pdf is thepreferred format forPowerPointpresentations.) Rafael E.Granado,CityClerk CityofMiami Beach Ad 12 60 Page 869 of 878 Page: NE_AdNE_13 ,Pub. date:Sunday,January 8Last user:rlambert@miamiherald.com Edition: 1s tSection, zone:,NELast change at:14:9:5 January 5 SUNDAY JANUARY82017 NEIGHBORS 27NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HE ARING ORDINANCEESTABLISHINGATEMPORARY MORAT ORIUM ON ADULTCONGREGAT ELIVINGFACILITIES, ASSISTED LIVING FA CILITIES,CRISISSTA BILIZAT ION UNITS, RESIDENTIAL DETOXIFICATION CENTERS,COMMUNIT YRESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITAT ION CENTERS,AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES WITHIN THE CITY FEBRUARY 8,2017 NOTICEISHEREBY giventhatapublic hearingwill be heldbythe Mayorand CityCommissionersofthe Cit yofMiamiBeach,Florida,inthe Commission Chamber,3rd Floor,CityHall, 17 00 ConventionCenter Drive,Miami Beach,Florida,on February 8,2017 at 10:05 a.m.,or as soonthereafter as the mattercan be heard,to consider: AN ORDINANCEOFTHE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ESTA BLISHINGATEMPORARY MORAT ORIUM FOR180 DAYS FROMTHE EFFECTIVEDAT EOFTHISORDINANCEONTHE ACCEPTA NCE,REVIEW,APPROVAL,ORISSUANCEOFANY LAND DEVELOPMENT PERMITS(AS THE TERM IS DEFINED IN SECTION 16 3.316 4(16),FLORIDASTAT UTES),BUSINESS TA XRECEIPTS,OR ANY OTHER LICENSE OR PERMIT FORTHE ESTA BLISHMENT OR OPERATIONOFADULTCONGREGATE LIVING FACILITIES,ASSISTED LIVING FACILITIES,CRISIS STABILIZ AT ION UNITS,RESIDENTIAL DETOXIFICATION CENTERS,COMMUNIT YRESIDENTIALHOMES,AND RESIDENTIAL MEDICAL REHABILITAT ION CENTERS,AND ANY SIMILAR OR DERIVATIVEUSESASSOCIATED WITH SUCH USES,WITHIN THE CITY,INORDER TO PROVIDE THE CITY WITH AN OPPORTUNIT YTOREVIEWAND ENACTDEFINITIONS AND REGULATIONS GOVERNINGSAIDUSES;PROVIDINGPENALTIES FORANY VIOLAT ION HEREOF;PROVIDING FORSEVERABILIT Y;REPEALER OF CONFLICTINGORDINANCE PROVISIONS;AND PROVIDINGFOR AN EFFECTIVEDAT ERETROACTIVETOFEBRUARY 8,2017 ;FOR ZO NINGINPROGRESS PURPOSES,THIS ORDINANCE SHALL BE EFFECTIVEUPON FIRSTREADING OFTHISORDINANCE. This Ordinance is beingheardpursuanttoSection 118-164 of the City’s Land Development Code,Section 2.05 of theCityCharter and §166.041 F.S.Inquiries maybedirected to thePlanning Department at 305.673.7550. INTERESTED PA RTIESare invited to appear at this meeting,or be represented by an agent,ortoexpresstheir views in writingaddressed to the CityCommission,c/o the CityClerk, 17 00 ConventionCenter Drive,1st Floor,CityHall,Miami Beach,Florida 3313 9.This item is availablefor public inspection duringnormalbusinesshoursinthe Office of the Cit yClerk, 17 00 ConventionCenterDrive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.This meeting,or anyitemherein,may be continued,and undersuchcircumstances,additionallegal notice need notbeprovided. Pursuant to Section286.010 5,Fla.Stat.,theCityhereby advises the public thatifapersondecides to appeal any decision made by the Cit yCommissionwith respect to anymatter considered at its meetingorits hearing,suchpersonmustensurethataverbatim record of the proceedings is made,which record includes the testimony andevidence upon which theappeal is to be based.This notice does notconstitute consent by the Cityfor theintroduction or admissionofotherwise inadmissible or irrelevant evidence,nordoesitauthorize challenges or appeals nototherwise allowed by law. To requestthis material in alternateformat,sign language interpreter(five-daynoticerequired),informationonaccessfor persons with disabilities,and/orany accommodationtoreview any document or participateinany City-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6;TTY usersmay call via 711(FloridaRelay Service). Membersofthe publicmay present audio/visual (AV)materials relatingtoAgendaItems at CityCommission meetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the Department of Marketingand Communications by 8:30 A.M.,one(1)businessday priortothe meeting.Advance submittal of a presentationwill allow theCommunications Departmenttoplan forthe useofthe appropriateAVequipment.AVmaterials maybesubmitted via email at communications@miamibeachfl. gov;or hand deliveredinajump drive,CD or DVDto:At tention:Department of Marketingand Communications,1701Meridian Avenue,Fifth Floor,Miami Beach,FL 3313 9.Presentations, videos or links must include alabel notingthe name or group,contactperson,daytime telephone number,email address,description/title of the presentationand Agenda Item Titleas well as the Agenda Item number.Acceptableformats forelectronic submission are.pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Note that .pdf is the preferred format forPowerPoint presentations.) Rafael E.Granado,CityClerk CityofMiamiBeach Ad No.1262 Page 870 of 878 15NEI NEIGHBORS THURSDAY MARRY 36 2011 WAMHERAle4UM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING DISCONTINUANCE OF NONCONFORMING USES February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida. in the Commission Chamber, 3rd Floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8 , 2017 at 5:01 p.m. or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, `ADMINISTRATION AND REVIEYV PROCEDURES ", ARTICLE IX., "NONCONFORMANCES," TO ADD SECTION 118 -390 "PURPOSE/APPLICABILITY," AND AMEND SECTION 118 -394, "DISCONTINUANCE OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL NON- CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §t16.041 FS. Inquiries may be directed to the Planning Department at 306673.7560. 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, 10I Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1$' Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 Relay Service). Members 01 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 that materials are submitted to the Department of Marketing and Communications by 8:30 A.M., one 11) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communicationai3miamibeachfl .gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. Mote that .pdf is the preferred format for PowerPoint presentations.) Ad 1263 Rafael E. Granada. City Clerk City of Miami Beach Page 871 of 878 NEIGHBORS 151RS3AY LUMPY 36 IOU WAMHERAIO.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING ELIGIBILITY REQUIREMENTS FOR SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT February 8, 2017 NOTICE 15 HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, In the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February S , 2017' at 5:02 p.m or as soon thereafter as the (natter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES'; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REOLLAT1ONS," BY AMENDING SECTION 142- 1111(b)(3), ENTITLED "ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT," WHICH WILL MODIFY THE ELIGIBILITY REQUIREMENTS AND PROVISIONS FOR PROPERTY OWNERS; BY AMENDING SECTION 142- 1111(b)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TO W N HOMES," BY ESTABLISHING A NE W T I ME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT -TERM RENTAL OF APARTMENT AND TOWN HOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -154 of the City's Land Development Coda Inquiries may be directed to the Planning Department at 305,673,7550, INTERESTED PARTIES are Invited to appear at 1h15 meeting. or be represented by an agent, or to express their views In willing addressed to the City Commission, c/o the Clty Clerk, 1700 Convention Center Drive, 1' Floor, City Hall, Miami Beach, Florida 33139. This Item Is available /or publlc Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This Item may bo 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 tl a person decides to appeal any decision made by the Clty Commission with respect to any matter considered al its meeting or its hearing, such person must ensure that a verbatim record or the proceedings 15 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 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 (five -day notice required), Information on access for persons with dlsabllhles, 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 Relay Service). Members 01 the public may present audio/visual (AV) materials relating to Agenda nuns at Clty Commission meetings held in the Commission Chamber by utilizing the City's AV equipment, provided that materials are submitted to the Deparmtent a1 Marketing and Communications by 8:30 A.M., one (1) business day prior to lie meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be subnttled via email at ComRnunlCallons ''9mlannlbaaChll.aov or hand delivered in a jump drive, CD or DVD lo; 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 /lice of the presentation and Agenda Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pol, .ppt, .pptx, .pps, .ppsx, .wrnv, .avl and .tnov. (Note that .pd1 le the preferred formal for PowerPolnt presentations.) Ad 1264 Rafael E. Granath), City Clerk City el Miami Beach Page 872 of 878 THURSDAY UMW1126 111 wuuIEkALD WAI NEIGITBORS 17NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING CODE PERTAINING TO LINCOLN ROAD PROHIBITED USE REGULATIONS February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 5:03 p.m. or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE ESTABLISHMENT," PHARMACY STORES," "SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142 -335, "PROHIBITED USES "; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD: PROVIDING FOR CODIFICATION; REPEALER: SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being (heard pursuant to Section 116 -164 of the Citys Land Development Code; Section 2.05 oftthe City Charier and §166.041 FS. Inquiries may be directed to the Planning Department at 305.673.7550. 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" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1. Floor, City Hall. Miami Beach, Florida 33139. This item may be continued, and under such circumstances. additional legal notice need not be provided. Pursuant to Section 2810105, 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 constitute consent by the City for 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 (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 305.604.2480 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at con1munications @miamibeachfl.gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .ppb. .pps, .ppsx, .wmv, .avt and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1265 Rafael E. Granada, City Clerk City of Miami Beach Page 873 of 878 I .IR;flLi' JANUARY 28 'rdri MIA11IHR51.7.0716 NEIGITBORS 117N[ MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS February 8, 2017 NOTICE IS HEREBY given that a First Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, Ord Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 5:04 p.m. or as soon thereafter as the matter can be heard, to consider. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHECITYOF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142 -546 THEREOF, ENTITLED `ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE ANDCOLLINS AVENUE," TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND RV AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142 -904 THEREOF, ENTITLED ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -184 of the City's Land Development Code, inquiries may be directed to the Planning Department at 305,673.7550, INTERESTED PARTIES are invited to appear at this meeting, or he represented by art agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive. 1s' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1x Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 305.6042489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (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 that materials are submitted to the Department of Marketing and Communications by 8:30 A.M., one 111 business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communications ©miamibeachll boy' or hand delivered in a jump drive, CD or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue, Filth 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 Item Title as well as the Agenda Item number. Acceptable formats tor electronic submission are .pdf, .ppt, .pplx, ppe, .ppsx, .wrnv, .avi and .rnay. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1266 Rafael E. Granado, City Clerk City of Miami Beach Page 874 of 878 18N E NEIGHBORS THURSDAY JANUARY 26 2017 MIAMIHERALD.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS FEBRUARY 8, 2017 NOTICE IS HEREBY given that the following public hearings will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017, at the times listed, or as soon thereafter as the matter can be heard: 10:00 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW -THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter; Section 118 -164 of the City's Land Development Code and § 166.041, F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 10:05 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter; Section 118 -164 of the City's Land Development Code and § 166.041, F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 10:10 a.m. 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; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS 1.5% OR MORE, RATHER THAN A CPI INCREASE OF 5 PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and § 166.041 F.S. Inquiries may be directed to the Public Works Department at 305.673.7080. 10:15 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (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 PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 10:20 a.m. 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, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and § 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673.7470. Dr. Stanley Sutnick Citizen's Forum - Pursuant to Resolution No. 2013- 28440, the times for the Dr. Stanley Sutnick Citizen's Forum are 8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thirty minutes will be allocated to each session, with individuals being limited to no more than three minutes or for a period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 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" Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1" 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 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1267 Rafael E. Granado, City Clerk City of Miami Beach Page 875 of 878 THURSDAY JANUARY 26 2017 MIAMIHERALD.COM NEIGHBORS 19NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the following public hearings will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017, at the times listed, or as soon thereafter as the matter can be heard: 5:01 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX, NONCONFORMANCES," TO ADD SECTION 118 -390 "PURPOSE /APPLICABILITY," AND AMEND SECTION 118 -394, "DISCONTINUANCE OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL NON - CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550. 5:02 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES "; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142- 1111(b)(3), ENTITLED ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT," WHICH WILL MODIFY THE ELIGIBILITY REQUIREMENTS AND PROVISIONS FOR PROPERTY OWNERS; BY AMENDING SECTION 142- 1111(b)(4), ENTITLED "SHORT -TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT -TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -164 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550. 5:03 p.m. AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142 -335, "PROHIBITED USES "; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 116 -164 of the City's Land Development Code; Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550. 5:04 p.m. 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," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142 -546 THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142 -904 THEREOF, ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -164 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550. Dr. Stanley Sutnick Citizen's Forum — Pursuant to Resolution No. 2013 - 28440, the times for the Dr. Stanley Sutnick Citizen's Forum are 8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thirty minutes will be allocated to each session, with individuals being limited to no more than three minutes or for a period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 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 s` Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1st 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 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications ©miamibeachfl.gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1268 Rafael E. Granado, City Clerk City of Miami Beach Page 876 of 878 20NE NEIGHBORS THURSDAY JANUARY 26 2017 MIAMIHERALD.COM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING AN ORDINANCE PERTAINING TO A SIX -MONTH DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY FEBRUARY 8, 2017 NOTICE IS HEREBY given that a Second Reading Public Hearing, will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 8, 2017 at 10:15 a.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (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 PROVIDING FOR AN EXPIRATION DATE. Map indicating the area covered by the proposed Ordinance gf • ;I' i1LKL.YS .VLF Waif. 1.11011 1 21 114111,n i aiYNUN AVE t ;I tie11 ilt4, 2.2 iii a t 0 a 1111 4`- gni3KUCi.ii y. `'crWMi.q Ett f- 14 i LULA1 L r ni ine i r "Li e,'3 IY: This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and /or the Office of the City Attorney at 305.673.7470. 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, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, ls' Floor, City Hall, Miami Beach, Florida 33139. This item 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 constitute consent by the City for 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 (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 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 that materials are submitted to the Department of 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 for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov; or hand delivered in a jump 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 Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad 1269 Rafael E. Granado, City Clerk City of Miami BeachPage 877 of 878 Page 878 of 878