20170607 SM1C7Q
MIAMIBEACH
Commission Meeting
SUPPLEM ENTAL MATERTAL 1 (61212017l-
City Hatl, Commission Chambers,3'd Ftoor, 1700 Convention Center Drive
June7,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Comm issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the Gity Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolutions
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECT
COMMITTEE TO SPONSOR THE FOLLOWING IN CONNECTION WITH THE 2O2O SUPER BOWL
Ltv, To BE HELD tN SOUTH FLORTDA FROM JANUARY 18 THROUGH FEBRUARY6, 2020(THE
EVENT,,): THE WAIVER OF RENTAL FEES FOR HALLS A, B, C, D AND ADJACENT MEETING
ROOMS AT THE MIAMI BEACH CONVENTION CENTER, IN THE AMOUNT NOT TO EXCEED
$857,540.80;AND FURTHER PROVIDING CITYSPONSORSHIP OF rHE2020 SUPER BOWL LIV
lN THE AMOUNT NOT TO EXCEED $150,000:SPONSORSHIP AGREEMENT SUBJECT TO THE
CITY MANAGER'S APPROVAL; AND FUNDS TO BE CONSIDERED FOR APPROPRIATION VIA
THE FY 2017118 BUDGET PROCESS.
Tourism, Culture and Economic Development
Supplemental updated on 61212017
(Memorandum)
1
Supplemental 1, June 7,2017
R5 - Ordinances
R5 H MEDICAL CANNABIS ORDINANCE - LAND USE REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 114OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS,''
TO DEFINE THE FOLLOWING DEFINITIONS: CANNABIS, MEDICAL CANNABIS DISPENSARY,
DERIVATIVE PRODUCT, LOW-THC CANNABIS, AND RELATED DEFINITIONS; AMENDING
CHAPTER 130, ENTITLED ''OFF-STREET PARKING,'' ESTABLISHING MINIMUM PARKING
REQUIREMENTS FOR ,MEDICAL CANNABIS DISPENSARIES, AND PROHIBITING
PARTICIPATION lN THE FEE lN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142,
ENTITLED ''ZONING DISTRICTS AND REGULATIONS,'' BYCREATING DIVISION 10, ENTITLED
,CANNABIS REGULATIONS AND USE,- AND AMENDING SECTIONS 142-1501 TO 142-1504,
RELATING TO APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING AREAS
FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING
CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
1O:20 a.m. First Reading Public Hearing Planning
Continued from May 17,2017 - R5 N Commissioner John Elizabeth Aleman
Supplemental updated on 61212017
(Revised Ordinance)
R5 AI AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF,
ENT|TLED "HOURS OF SALE / V|OLATIONS," BY CREATTNG A NEW SUBSECTION (b), THAT
LIMITS THE SALE, CONSUMPTION OR SERVING OF ALCOHOL, ALCOHOLIC OR
INTOXICATING BEVERAGES DURING THOSE RECOGNIZED HOLIDAY PERIODS OF
MEMORIAL DAY, FOURTH OF JULY, LABOR DAYAND COLUMBUS DAY OF EACH YEAR;AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 61212017
(Memorandum & Ordinance)
R7 - Resolutions
R7F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2017-006-AK, FOR A PUBLIC SAFETY RADIO
NETWORK, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
HARRTS CORPORATTON ("HARR|S"), AS THE CITY MANAGER'S FIRST RECOMMENDED
PROPOSER; AND, SHOULD NEGOTIATIONS WITH HARRIS BE UNSUCCESSFUL,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MOTOROLA
SOLUTIONS ("MOTOROLA"), AS THE SECOND RECOMMENDED PROPOSER;AND, FURTHER,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND APPROVE THE TERMS OF A
MONTH-TO-MONTH AGREEMENT WITH MOTOROLA FOR THE MAINTENANCE OF THE
CURRENT SYSTEM UNTIL SUCH TIME AS A NEW SYSTEM IS IMPLEMENTED.
Fire/EOC/Police
Supplemental updated on 61212017
(Memorandum & Resolution)
2
Supplemental 1, June 7,2017
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A CHANGE ORDER IN THE
ESTIMATED AMOUNT NOT TO EXCEED $17O,OOO.OO, UNDER THE NJPA CONTRACT
AWARDED TO LANZO CONSTRUCTTON CO, FLORTDA (LANZO), PURSUANT TO CONTRACT
FL04UG4-051716-LCC, lN THE ORIGINAL AMOUNT OF $1,999,957.21, FOR THE
CONSTRUCTION OF A NEW 72 INCH STORMWATER SEWER LINE ALONG WASHINGTON
AVENUE FROM 17TH STREET TO 18TH STREET AND ALONG 17TH STREET FROM
PENNSYLVANIA AVENUE TO WASHINGTON AVENUE, WHICH FUNDS SHALL PROVIDE FOR
STREET RESTORATION OF WASHINGTON AVENUE AND 17TH STREET, FOR A TOTAL NOT
TO EXCEED CONTRACT AMOUNT OF $2,169,957.21.
Public Works
Supplemental updated on 61212017
(Revised Memorandum & Resolution)
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
SPONSORSHIP AGREEMENT WITH BOUCHER BROTHERS MIAMI BEACH, LLC, FOR TABLES,
CHAIRS, AND UMBRELLAS (BRANDEDWITH THE BOUCHER BROTHERS LOGO), INCLUDING
DAILY SET UP AND TAKE DOWN SERVICE, TO BE USED EXCLUSIVELY IN CONNECTION
WITH THE CITY'S PLANNED RUE VENDOME 'SOFT'' STREET CLOSURE BETWEEN 71ST
STREET AND NORMANDY DRIVE.
Transportation
Supplemental updated on 61212017
(Memorandum)
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING UNITED STATES CONGRESSIONAL BILLS S. 279 AND H.B. 833 TO
AMEND SECTION 935 OF THE WATER RESOURCES DEVELOPMENT ACT OF 1986 TO
FACILITATE THE USE OF FOREIGN OFFSHORE SAND IN BEACH NOURISHMENT PROJECTS;
URGING THE UNITED STATES CONGRESS TO EXPEDITE AND FUND THE STUDYTO ALLOW
FOREIGN SAND TO BE USED IN BEACH NOURISHMENT PROJECTS IN MIAMI.DADE COUNTY;
AND, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS STATED HEREIN.
Commissioner Micky Steinberg
Supplemental updated on 61212017
(Resolution)
R9 - New Business and Commission Requests
R9 K DISCUSSION REGARDING THE WORLD OUTGAMES CANCELLATION.
Commissioner John Elizabeth Aleman
Supplemental updated on 61212017
(Attachments)
R9 M DISCUSSION REGARDING A REQUEST THAT THE CITY MANAGER PRORATE THE ANNUAL
SQUARE FOOTAGE FEE FOR SIDEWALK CAFE PERMITTEES LOCATED ON ESPANIOLAWAY
(THAT ARE IN GOOD STANDING) SO THAT A SQUARE FOOTAGE FEE IS ONLY CHARGED FOR
THE PERIOD BETWEEN JUNE 1,2017 AND SEPTEMBER 30, 2017 .
Office of the City Attorney
Commissioner Michael Grieco
ITEM MOVED FROM R7 J
Supplemental updated on 61212017
(Memorandum)
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Resolutions - C7 Q
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
June 7,2017
AAIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECT COMMITTEE TO SPONSOR
THE FOLLOWING IN CONNECTION WITH THE 2O2O SUPER BOWL LIV,
TO BE HELD IN SOUTH FLORIDA FROM JANUARY 18 THROUGH
FEBRUARY 6,2020 ('THE EVENT")I THE WAIVER OF RENTAL FEES FOR
HALLS A, B, C, D AND ADJACENT MEETING ROOMS AT THE MIAMI
BEACH CONVENTION CENTER, IN THE AMOUNT NOT TO EXCEED
$857,540.80; AND FURTHER PROVIDING CITY SPONSORSHIP OF THE
2O2O SUPER BOWL LIV IN THE AMOUNT NOT TO EXCEED $15O,OOO:
SPONSORSHIP AGREEMENT SUBJ ECT TO THE CITY MANAGER'S
APPROVAL; AND FUNDS TO BE CONSIDERED FOR APPROPRIATION
VIA THE FY 2A17l18 BUDGET PROCESS.
RECOMMENDATION
Administration recomnends that the City Conrnission accept the recomrnendation of the Finance
and Citywide Committee and adopt the resolution approving the sponsorship of the Super Bowl LIV
Host Committee and the waiver of facility rental fees at the Miami Beach Convention Center, to
include developrnent of a sponsorship agreenrent subject to approval by the City Manager.
ANALYSIS
As part of the NFL's Super Bowl LIV NFL Experience Venue License Term Sheet, the NFL
requests the waiMng of the Miami Beach Convention Centerfacility rental fee forthe duration of
the event. ln addition to the week of activations within the Miami Beach Convention Center, the
NFL also requires 2 weeks prior to Super Bowl Sunday for setup and 1 week after Super Bowl
Sundayfor breakdown. The facility rental fee for the NFL would be $857,540.80.
ln addition, due to the significant and notable impact on the City of Miami Beach as a
destination city, the estimated $300 million economic impact, 1 million visitors to the Miami
Beach Convention Center, and the generous investment the Super Bowl will provide to the
local community through their work with NFL Charities, the proposition of awarding the Super
Bowl Host Committee 2020 asponsorchip in the amount of $150,000 has been presented.
We anticipate this willsponsorship will be supplemented byfunds from the Miami Beach Visitor
Page 755 of 151 1
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and Convention Authority in approximately $90,000, as well as significant funds from the
Greater Miami Convention & Visitor's Bureau.
On May 19, 2015, the National Football League (NFL) announced the four finalists that would
compete to host either Super BovM Llll in 2019 or Super Bowl LIV in2020; South Florida was
among the fourfinalists. On May 24,2016,the NFL awarded Super Bowl LIV to South Florida,
where the game will take place at the newly renovated Hard Rock Stadium in Miami Gardens,
Florida on Sunday, February 2,2020-
The Super Bowl is one of the largest national television events, with more than 111 .9 million
viewerc worldwide. The event is an economic engine that brings with it more than $300 million
in economic impacts, $31 million in city and state tax revenue, and $190 million in direct
spending. More than 1.3 million people attend the Super Bowl Park and NFL Experience each
year, with over half of those individuals being out-of-town visitors. The Super Bowl has become
a global phenomenon that puts the host location on an intemational stage and generates an
exponentialgrowth in tourism, occupancy, and room rates. Greater Miami Convention & Visitors
Bureau statistics indicate occupancy rates for Super BoW 2007 and 2010 increased 12.3o/o for
the Sunday priorto the event, and 31 .2o/ofor the Super Bowl Sunday. Room rates grewfrom
6% on the Sundays priorto Super Bowl and 99.5% on Super Bowl Sundays. The Revenue per
Available Room (RevPAR) increased by 19.3% forthe Sunday prior, and 1600/o for Super
Bowl Sunday.
As part of the Super Bowl, the NFL Experience will be hosted at the Miami Beach Convention
Center along with the following activations; Media Center; Radio Row; and NFL Social Media
Command Centerfrom January 18-February 6, 2020. The NFL will be utilizing allfour halls of
the Miami Beach Convention Center and the adjacent meeting rooms to accommodate their
NFL Experience and media needs. These high profile activations will remain in place during the
entire week of the 2020 Super Bowl.
The NFL Experience hosted at the Miami Beach Convention Center is the largest event, both
physically and in number of attendees, in the week leading up to the Super Bowl. Fans that
attend will enjoy a variety of interactive games, displays, entertainment attractions, kids' clinics,
and free autograph sessions. With more than 1 Million visitors, the NFL Experience has
become one of the comerstone events of the week leading up to Super Bowl Sunday.
The NFL Media Center, Radio Row, and the NFL Social Media Command Center all play an
integral part in the media coverage of the Super Borrrd. The Media Center serves as the home
for both local and national media during their work at the Super Bowl. lt houses a variety of
press conferences throughout the week and can see as many as 5,000 media outlets. The
NFL Social Media Command Center is the hub for all things Super Bowl in the week leading up
to Super Bowl 2020 and Miami Beach will be in the center of it all with this key element located
within the City.
As part of the NFL's commitment to the City of Miami Beach, the Super Bow'l Host Committee
2020 will lead the efforts to connect NFL Charities related to the Super Bowl2020 and key
Miami Beach projects supported by NFL Charities. These projects include; NFL Play 60;
Make A Wish Foundation; NFL Business Connect; and NFL EnvironmentalAwareness
lnitiatives, and represent a significant impact on the local community.
Page 756 of 151 1
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The Super Bowl Host Committee requested that the City waive the Miami Beach Convention
Center facility rental fees in the amount of $857,540.80, and provide sponsorship support for
Super Boud LIV 2020 through the donation of $150,000 to the Super Bowl Host Committee
2020. Details and deliverables of the sponsor package would need to be explored if
approved. The funding source would need to be considered during the FY 2017118 budget
development process. Typically these types of sponsorships are funded from resort tax
collections, which, it should be noted, have been down 12% since January 2017, compared to
the same period in 2016.
At the May 1 7 ,2017 Commission meeting, the Commission referred the item to the May 19,
2017 Finance and Citywide Project Committee to discuss the potential sponsorship and facility
fee rental waiver for the Super Bowl Host Committee.
At the May 1 9,2017 Finance and Cityrvide Projects Committee, the Committee made a
favorable recommendation to supportthe sponsorship of the Super Bow'l Host Committee in
the amount not to exceed $150,000 and the waiver of facility rental fees in the amount not to
exceed $857,540.80. The sponsorship consideration would need to be considered as part of
the FY 2-17118 budget development process.
FINANCIAL INFORMATION
Sponsorship Agreement subject to City Manager's Approval. Funds to be appropriated via the
FY 2017118 Budget Process.
Leoislative Trackino
Tourism, Culture and Economic Development
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tl tt/Agenda ltem
Date 6 t 17
Medica! Cannabis - Land Use Regulations
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 DEFINE THE FOLLOWING
DEFlNlrloNS: cANNABls, MEDIGAL GANNABIS DISPENSARY, DER|VATE
PRODUCT, LOW.THC CANNABIS, AND RELATED DEFINITIONS;
AMENDING CHAPTER 130, ENTITLED "OFF.STREET PARKING,"
ESTABLISHING MINIMUM PARKING REQUIREMENTS FOR "MEDICAL
CANNABIS DISPENSARIES" AND PROHIBITING PARTICIPATION tN THE
FEE lN LIEU OF PARKING PROGRAM; AMENDTNG CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY CREATING
DIVISION 10, ENTITLED "CANNABIS REGULATIONS AND USE," AND
AMENDING SEGTIONS 142-1501 TO 142.1504, RELATTNG TO
APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING
AREAS FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE,
AND PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF
CANNABIS PLANTS; PROVID!NG FOR REPEALER; SEVERABIL!TY;
CODIFICATION; AND AN EFFECTIVE DATE.
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 381.986 and 499.0295; and
WHEREAS, on November 8, 2016, Florida voters approved Amendment 2 to the
Florida Constitution, entitled "Use of Marijuana for Debilitating Medical Conditions;" and
WHEREAS, Amendment 2 "Allows medical use of marijuana for individuats with
debilitating medical conditions as determined by a licensed Florida physician. Allows
caregivers fo assisf patients' medical use of marijuana. The Deparlment of Health shatt
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register and regulate centers that produce and distribute marijuana for medical purposes and
sha// rssue identification cards to patients and caregivers. Applies onty to Florida law. Does
not immunize violations of federal law or any non-medicaluse, possession or production of
marijuanal'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 amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SEGTION 1. Chapter 114of the City Code, entitled "General Provisions," is hereby amended
as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cannabis or marlluana means all parts of anv plat of the qenus cannabis. whether
orowinq or not: the seeds thereof; the resin extracted from anv part of the plant: and everv
compound, manufacture, salt, cannabis derivative product. mixture or preparation of the plant of
its seeds or resin.
Cannabis deliverv devices means a device utilized for the consumption of prescribed
medical cannabis or low-THC cannabis. Such devices can onlv be sold to a qualified patient
that has been prescribed medical cannabis or low-THC cannabis or someone authorized bv
the qualified patient or the qualified patient's leqal representative authorized to receive the
device on the qualified patient's behalf.
Cannabrs derivafive producf means anv form of medical cannabis or low-THC cannabis
that is suitable for routes of administration.
Dispensrno orqanhafion means an orqanization approved bv the state to cultivate.
process. transport. and dispense low-THC cannabis or medical cannabis.
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Low-tetrahvdrocannabinol cannabis or low-THC cannabis means a olant of the oenus
Cannabis. the dried flowers of which contain 0.8 percent or less of tetrahvdrocannabinol and
more than 10 percent of cannabidiol weiqht for weisht; the seeds thereof; the resin extracted
from anv part of such plant: or anv compound, manufacture. salt. cannabis derivative produtcl
mixture. or preparation of such plant or its seed or resin that is dispensed onlv from a
dispensinq orqanization approved bv the Florida Department of Health pursuant to Section
381.986. Florida Statutes.
Low-IHC cannabt's dispensarv means an establishment where low-THC cannabis is
dispensed at retail.
May means permissive. not required.
Medrcal cannabis or medical maflTuana means all parts of anv plant of the qenus
cannabis. whether orowino or not. the seeds thereof: the resin extracted from anv part of the
Dlant; and everv compound. manufacture. sale, cannabis derivative product, mixture. or
DreDaration of the plant or its seeds or resin that is dispensed onlv from a dispensino
oroanization for medical use bv an elioible patient.
Medical cannabrs dispensarv or drspensrnq fac,rfy means an establishment where
medical cannabis, low-THC cannabis. as well as cannabis deliverv devices. is dispensed at
retail that is operated bv a dispensinq oroanization.
Medical use of cannabis means administration of the ordered amount of low-THC
cannabrs or medical cannabis. The term does not include the:
(e) Possession. use, or administration of low-THC cannabis or medical cannabis bv or
for smokino; or
(b) Transfer of low-THC cannabis or medical cannabis to a oerson other than thequalified patient for whom it was ordered or the qualified patient's leoal
representative authorized to receive it on the qualified oatient's behalf.
(q) Use or administration of low-THC cannabis or medical cannab,'s:
i. On anv form of public transportation.
ii. ln anv public place.
iii. ln a qualified patient's place of emplovment. if restricted bv their emplover.
iv. ln a correctional institution.
v. On the qrounds of anv child care facilitv. preschool. or school.
vi. On or in anv vehicle, aircraft. or motorboat.
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Musf means a mandatorv and not merelv directorv action or requirement. The term is
interchanoeable with the word "shall."
Sha// means a mandatory and not merelv directorv action or requirement. The term is
used interchanoeable with the word "must."
State ouattfea Atsoens ion_or
medical mariiuana
transoort, anO Oiso
Heann, or success
Vapor /ounqe shall mean a commercial establishment at which individuals consume
cannabis, medical cannabis, or low-THC cannabis.
Section 2. Chapter 130 of the City Code, entitled "Off-Street Parking," is hereby amended as
follows:
Chapter {30
Off-Street Parking
Sec. 130-32. - Off-street parking requirements for parking district no. i.
(32) pssenled Medical cannabrs dispensarv: 1 space per 250 square feet of floor area.
Sec. 130-33. - Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.
Except as othenuise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street
parking spaces shall be provided for the building, structure or additional floor area as follows.
There shall be no off-street parking requirement for uses in this parking district except for
those listed below:
(4A) Medical cannabis dispensarv: 1 space per 250 square feet of floor area.
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Sec. 130-131. - Generally.
A fee in lieu of providing parking may be paid to the city in lieu of providing required
parking on- site, or within 1,200 feet of the site in the architectural district or otherwise within
500 feet of the site, only in the following instances, except that parking requirements for
accessory commercial uses in newly constructed buildings within the Collins Waterfront Historic
District in an area in the RM-2 zoning district that is bounded by 41st Street on the south and
44th Street on the north, and for medical cannabis dispensaries shall be satisfied by providing
the required parking spaces, and may not be satisfied by paying a fee in lieu of providing
parking.
Section 3. Chapter 142 of the City Code, entitled "District Regulations," is hereby amended as
follows:
DIVISION 1O
CANNABIS REGULATIONS AND USE
Sec. 142-1500 - lntent.
The intent of this division is to establish the criteria for the location and permittino of
establishments that dispense low-THC cannabis or medical cannabis in accordance with
Section 381.986. Florida Statutes. and Florida Administrative Code Chapter 64-4.
cannabis bv a state-approved dispensinq orqanization for medical use of cannabis. The sale
of cannabis or mariiuana is prohibited the Citv of Miami Beach except in a medical carlnabr's
dispensarv approved in accordance with this Division.
i,ec. I 42-!502,:neq uirements for medical cannabis dispensi nq faci I ities.
Medical cannabis dispensaries shall comply with the following regulations:
G)
() Area one (1) shall in include the followino subareas:
one (1) medical cannabis dispensarv shall be permitted in each of the areas listed belovrr
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: lots zoned C-PS2 the
east and West Avenue on the west: and lots zoned C-PS2 between 5th Street onffithe north and 4 Avenue on the
zoned C-PS2Menolan Avenue on Ine west; ano lots zoneo L;-PSZ tronttno the south stde ot 5"'
Street between Lenox Avenue on the east and Alton Road on the west: as depicted
in the map below:
Lots zoned CD-1 and CD-2 frontino Alton Road between 13th Street and 16th
Street: as depicted in the map below:
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Lots zoned CD-1. qenerallv located between Alton Road on the east and north,
Dade Boulevard on the south. Michiqan Avenue on the west: as depicted in the
mao below:
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(2) Area three (3) shall include the Mlots zoned HD located north of
the Julia Tuttle Causewav / lnterstate 195, as depicted in the map below:
(3) Area four (4) shall s zoned CD-3 and frontinq 4lstStreet between Sheridan
Avenue and the lndian Creek Waterwav, as depicted in the map below:
on the
g)
south. as depicted in the map below:
Page 8 of 16
e on the
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(b) Conditional use approval from the Planninq Board is required prior to applvino for a
certificate of use. license. business tax receipt, buildinq permit or other permit for a
medical cannabis dispensarv. ln addition to the standard conditional use criteria set forth
in section 118-192 of this code, the Planninq Board shall consider the criteria in section
'142-1504 prior to makins its determination on the Conditional Use Permit.
G) Dispensino of, pavment for. and receiot of low-THC or medical cannabrs is prohibited
anvwhere outside of the dispensing facilitv, includinq, but not limited to, on sidewalks, in
parkinq areas. drive{hrus, or in the riqhts-of-wav surroundinq the dispensinq facilitv:
provided. however, this provision shall not be construed to prohibit deliverv of low-THC or
medical cannabis to an eliqible patient. as permitted bv state law or rule.
(gD Medical cannabis dispensaries shall onlv be allowed to operate between the hours of 7:00
a.m. and 9:00 p.m. dailv.
G) No other uses are allowed within the dispensinq facilitv. The sale of anv products other
than medical cannabis. low-THC cannabis. cannabis derivative products. or cannabis
deliverv devises ("merchandise" ibited within the facilitv.
(fl Entertainment is prohibited within a medical cannabis dispensarv.
(g) Required parkino shall be located on the same parcel or unified development site as the
medical cannabls dispensarv. or within 500 feet of the site either in private parkinq
facilities or a public parkino facilitv. not within a resid ith a lease. unitv of
title. or covenant-in-lieu of unitv of title. or other document of a similar nature.
Participation in the fee-in-lieu of parkinq proqram is prohibited.
(h) The facilitv shall complv with the followinq reoulations related to sionaqe. advertisement,
and disolav of merchandise:
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(l) Sionaoe visible from public riohts-of-wav and adiacent establishments and parcels
shall be limited to the name of the establishment and sions necessarv to complv with
the requirements of the State of Florida, Miami-Dade Countv. and the Citv of Miami
Beach. Depictions of cannabr's and cannabis products shall not be visible from public
riqhts-of-wav and adiacent establishments and parcels.
(2) No advertisement for the establishment, cannabrs. cannabis derivative product.
cannabis delivery devices or cannabis related products is permitted on siqns mounted
on vehicles, temporarv siqns. hand-held or other portable siqns. handbills, leaflets or
other flvers directlv handed to anv person in a public place. left upon a motor vehicle or
posted upon anv public or private propertv without consent of the propertv owner. This
prohibition shall not applv to (1) anv advertisement contained within a newspaper.
maoazine or other periodical of qeneral circulation within the citv or on the lnternet:
and (2) advertisino which is purelv incidental to sponsorship of a charitable event not
qeared to or for the benefit of children or vouth.
(3) No merchandise beino dispensed or sold within the dispensino facilitv mav be visible
within areas of the facilitv accessible to the oublic unless it is beinq shown bv an
emplovee of the facilitv to a client.
(4) Under no circumstances shall activities related to ffiien'
sales of cannabis. cannabis derivatives,
cannabis deliverv devises. and cannabis-infused products be visible from the exterior
of the business.
[) Each establishment shall have separate operations. ventilation plan. securitv, and fire
suppression svstems. and separate access from a public area.
O Each establishment shall be divided within a buildino from floor to ceilinq. Unless hioher
performance is required bv applicable law. there must be a minimum of a one-hour fire
separation between a medical cannabr's dispensary and anv adiacent business.
(K) Each establishment shall not exceed 7,500 square feet. exclusive of required parkino.
(!) Buildinq permit plans shall be consistent with the securitv plan required bv section 6-54(q),
of the Citv Code.
(.ln)Consumption of low-THC or medical cannabis or alcoholic beveraoes is prohibited onsite
at the disoensinq facilitv, includino, but not limited to. in the parkino areas, sidewalks, or
riqhts-of-wav surroundinq the dispensino facilitv: orovided. however. this provision shall
not be construed to prohibit consumption associated with a dispensinq facilitv emplovee,
trained bv a medical professional such as a doctor. nurse, pharmacist. or medical or
phvsician's assistant. instructinq an elioible patient on the mechanism of consumption of
low-THC or medical cannabis, as permitted bv state law or rule.
h) A certificate of use shall be obtained for the low-THC or medical cannabis dispensinq
facilitv on an annual basis. The application for the certificate of use shall be made on a
form prescribed bv the Citv:
Page 10 of 16
18
fl-) The medical cannabis dispensinq facilitv must be established on the premises bv a
state-approved dispensino oroanization within 180 davs of the date the certificate of
use is issued: after 180 davs, unless the time period is extended bv the Director for
qood cause shown. the certificate of use shall be null and void and the applicant must
re-applv.
(2) The Citv shall have the riqht to periodicallv inspect the premises of the dispensino
facilitv at anv reasonable time to ensure that the facilitv has a current and valid
certificate of use. and to ensure compliance with the terms and conditions under which
it was issued. Violators will be subiect to all appropriate penalties. includino revocation
of the certificate of use.
(3) Where a civil violation notice relatinq to the dispensins of low-THC or medical cannabis
has been issued and appealed bv the alleoed violator. the certificate of use shall not
be renewed where the appeal has been pendinq for 180 davs or more and the delav is
attributable to the alleoed violator. Where. determinations of ouilt for three or more
violations have been made. or the Special Master has determined that a nuisance
exists at the dispensino facilitv. the certificate of use shall be revoked immediatelv, and
a new application mav not be made within a period of 12 months.
(q) Anv use, created and established under this division in a legal manner. which mav
thereafter become legallv nonconformino, mav continue until there is an abandonment of
said use. Once a leqallv nonconforminq use is abandoned. it shall not be re-established
unless it conforms to the requirements of this division. Abandonment shall consist of: a
chanqe of use or suspension of active business with the public for a period of at least
three (3) months: or a lesser time if a written declaration of abandonment is provided bv
the owner of the premises or. if the propertv is subiect to a lease, bv the owner and tenant
thereof.
(p) No certificate of use, business tax receipt. license. or buildinq or other permit shall be
issued for a medical cannaDis dispensino facilitv where the proposed place of business
does not conform to the requirements of this subsection.
(q) Anv medical cannabis dispensarv shall be prohibited from obtaininq a special events
permit.
(1) n meOicat cannaOrc O
iOentitieO tor oOt
wnicnever comes fl
Sec. 142-1503. Prohibited cannabis-related uses.
The followino cannabis related uses and activities shall be prohibited anvwhere within the Citv:
(a) Cultivation, oroduction. oroce ion qr passession of mariiuana
plants or cannabrs plants.
(b) Sale of cannabrs from anv motor vehicle.
(c) Medical cannabis product and cannabis derivative product manufacturinq.
Page 11 of 16
19
(d) Medical cannabrs testino.
(e) Storaqe of cannabrs or cannabis-related products off the site of the medical cannabis
dispensarv.
(f) Mariiuana membership clubs.
(g) Vapor lounoes.
Sec. 142-1504. Conditiona! review criteria.
ln addition to the conditional use review criteria in Section 118-192, the Planninq Board shall
consider the criteria below when makino its determination.
meOicat cannaOis O
1505. shall be elio all
owners shall be required to underoo a Citv of Miami Beach backoround check pursuant to
section 6-53 of the Citv Code:
(a) A general securitv plan shall be provided. The plan must sufficientlv demonstrate enhanced
securitv measures in excess of the minimum requirements set forth in State requlations.
The enhanced securitv measures include, but are not limited to. steel securitv doors.
improved video surveillance svstem capabilitv. advanced alarm svstems, improved fire
safetv svstems. natural disaster securitv. packaoinq of dispensed products. procedures for
waste removal. and other measures, such as the use of hurricane impact windows. lf the
facilitv is located below the base flood elevation plus Citv of Miami Beach Freeboard. the
plan should incorporate flood proofino measures to ensure the continued functioning of
securitv devices in the event of a natural disaster and sea level rise. The plan must be
reviewed and approved bv the Citv of Miami Beach Police Department before it can be
considered bv the Plannino Board.
(b) A business plan shall be provided. The plan is to demonstrate the applicant's abilitv to
successfullv operate in a hiqhlv requlated industrv over an extended period of time. The
plan mav include. but is not limited to the followinq: scope of work for the plannino and
development: scope of work for capital improvements: an estimate of first-vear revenues:
an estimate of first-vear operating expenses and evidence that the applicant will have the
resources necessarv to pav for those expenses. and a description of the applicant's historv
of compliance in a hishlv reoulated industrv.
(c) An operatinq plan shall be provided. The operatinq plan is to enumerate the specific means
throuqh which the applicant intends to achieve the business qoals and complv with the citv
and state requlatorv requirements. The operatinq plans mav include. but is not limited to
the followino: staffino schedules to ensure adequate coveraqe and experience durino all
business hours: emplovee trainino proorams for securitv. product knowledoe and safetv:
proactive consumer education and communitv outreach practices: an operations manual
demonstratinq compliance with state and citv retail mariiuana laws: and disposal of waste.
(d) An odor manaqement plan shall be provided. lt shall be required that the odor of mariiuana
must not be perceptible at the exterior of the buildino or at anv adioinino use of the propertv.
Facilities shall adopt best manaqement practices with reoard to implementino state-of{he-
Page 12 of 16
20
art technoloqies in mitioatino mariiuana odor. such as air scrubbers, charcoal filtration
svstems. and sealed walls. The plan must include maintenance of svstems, includino
preventino the buildup of mold.
Sec. 142-1505. Lotterv.
@ ns ontv a timiteO nu
section t+Z-SOZ (al
verticattv inteora
Oisoensing organiz
issuance of the lim
insreeuiWne Citv snatt prov
Uv puilic Orawing t
nusiness tax recel
appticant wnose ao
renOering the aool
receipt. fo Oe cons
Oe a state quatifi ing
Oeoartment. tne inO
Orawing the order in
nv ranOom Orawino.
consiOereO tor a Aus
UinO Oraw intorma
@) ns tne meOicat cann
Uw. tne initiat se
fne Citv snatt notl
circutation, tnat
catenOar Oav winOo
conOuct tne nttery se
setection orOer sna
to tne appticabte O
comotete tne proce ls
dispensary.
Q) SuOiect to tnis sele
snatt. atter a Orawl
setection to tite a
requirements ot tnl
tor a conOitionat us
orOer of seection s
oooortunitv to aopl
to Oe ouatitieO anO
nusiness tax receip
comotetion of tne a
comptetion ot att rc
Ousrness tax receio
Page 13 of 16
21
f tne appticant is
outtineO in tnis Ol
tne oooortunity to o
reouired timefram
revofing a busines
quatity tor tne issua
tax receiots.
@[ fne auOitor snatt n
corooration in the
apptication for an
available business t
Oivision a titing fu
exceeO tne numOer o
Oe neH. nut tne Ou ing
efltefla
@) f a nusiness tax rec
revofeO. tne Citv s
Oisoensarv existeO
CI Cnattenge to oroce$
(f night to protest. A
snatt Oe entitteO t
tne setection oroc
receiots setecteO Aoe
A nnv orotest must Oe m
:Ousiness-dary" means a day ot
the time the facts ing
to tne citv manaoer
qrounds on which it
orotest snatt Oe ac
to timetv protest
section shall be ba
orotest reouireO unO
@ nnv orotest after tn
to tne citv manaqer.
Page 14 of 16
Oetermine priorit
aoolicant, a chall
action as to sucn mat
tne ooot tor Orawino
22
orounds on which it l
and shall include a
untess it comoties
writing (which ma
transmission anOl
recommenOation to t
(Q fne citv mav reques
anv protest nereu imq
tegal fees and exoen
otner out-of-oocfe
@ nutnornv to resotv
autnoritvtosettl@
@ nesoonsiveness. P
a orotest. tne citv
certiru wnetner tne s
fne oarties to tne or
tne citv attornev ivencsg
@ Oecision anO aooea
eitv manager and th
Oecision in writin
anO intorm tne orote
not Orought in good
citv anO attornev'
Oecision ot tne cit
@ Oistrinution. n co
mailed or otherwise
@ Stav ot orocuremen
tne citv snatt not o
manaoer.
Page 15 of 16
23
SECTION 4. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. Godification.
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 6. Severabilitv.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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
First Reading: June7, 2017
Second Reading: July 26,2017
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE
*/r
Dote
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\2017\6 - June\Planning\Medical Cannabis Land Use Regs - First Reading ORD -
FLOOR Edits 6-1 -201 7.docx
Page 16 of 16
24
TO:
FROM:
DATE:
Ordinances - R5 Al
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
June 7,2017
First Reading
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES,"
ARTICLE I, ENTITLED "IN GENERAL,' SECTION 6-3 THEREOF,
ENTITLED "HOURS OF SALE / VIOLAT]ONS,' BY CREATING A NEW
SUBSECTTON (b), THAT LTMITS THE SALE, CONSUMPTTON OR SERVTNG
OF ALCOHOL, ALCOHOLIC OR INTOXICATING BEVERAGES DURING
THOSE RECOGNTZED HOLTDAY PERTODS OF MEMORTAL DAY FOURTH
OF JULY LABOR DAY AND COLUMBUS DAY OF EACH YEAR; AND
PROVIDING FOR REPEALER, SEVERABTLTTY CODIFtCATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Grieco, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the June 7, 2017 Commission
Meeting
Legislative Tracking
Office of the CityAttomey
SLonsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
- Anending Section 6-3 Hours of Sale of Alcohol During Menprial Day, Fourth of July, Labor Day" and Columbus Day (Grieco)
Page 1315 of 1511
25
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COllilMESION OF THE
ctTY oF MIAMI BEACH, FLOR|DA, AMENDING CHAPTER 6 OF THE
coDE oF THE CtTy OF iIHmt BEACH, ENTITLED "ALCOHQLIC
BEVERAGES," ARTICLE l, ENTTTLED ,'tN GENERAL," SECTTON C-3
THEREOF, ET.ITITLED "HOURS OF SALE , YIOLATIONS," BY
CREAT|NG A NEut SUBSECTTON (b), THAT LIHTTS THE $ALE,
coNsututpTtoN oR sERvtNG oF ALcoHoL, ALCOHOLTC OR
INTOXICATING BEVERAGES DURIHG THOSE RECOGNIZED
HOLIDAY PERIODS OT MEMORIAL DAY, FOURTH OF JULY, LABOR
DAY AND COLUMBUS DAY OF EACH YEAR; AND PROVIDING FOR
REPEALER, SEVERA&ILITY, CODIFICATION, AND AT.I EFFECTIVE
DATE.
UVHEREA$, State law expressly grants the City of Miami Beach with the legal authority
to establish its own regulations for the setting of times for the sale of alcoholic or intoxicating
beverages; and
WHEREAS, the City is legally permitted to establish these hours of sale for alcoholic
beverages pursuant to Section 562.14 of the Florida Statutes; and
WHEREAS, the City of Miami Beach ('City") regulates the location, size, hours of
operation, and minimurn patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, enlitled 'Atcoholic Eeverages"; and
WHEREAS, the Mayor and City Commission have determined that during certain
Holiday periods, a eubstantial influx of tourists and visitors descend upon the Cig to partake in
the celebration of these recognized Holidays; and
WHEREAS, due to the celebratory nature of these Holiday periods, tourists and visitors
engage in the prolonged consummation of alcohol and other alcoholic or intoxicating beverages,
and this celebratory atmosphere results in excessive consummation of alcohol, which creates
volatile and dangerous situations throughout the Ci$, that directly leads to crirninal activity,
conduct or other quality of life offenses; and
WHEREAS, the Mayor and City Commission heve determined that it is in the best
intereet of the City, and which serve$ to protect the health, safety, and welfare of the City's
residente and visitors, to limit alcohol $ales, consumption or serving during those recognized
Holiday periods of Memorial Day. Fourth of July, Labor Day and Columbus Day of each yeaq
and
llt }|EREAS, the Mayor and City Commission desire to restrict the aale, consumption or
serving of alcohol, alc,oholic or intoxicating beverages during this period, which prohibition shall
be between the hours of 2:00 a.m. and 10:00 a.m. during the period comrnencing at 1 1:59 p.m"
on the Thursday preceding the Holidays of Mernorial Day, Fourth of July, Labor Day and
Columbus Day, and continuing until 11:59 p.m. on Monday, provided that the observed date fcr
the Holiday is a Friday, Saturday, Sunday or Monday; and
1
Page 1316 of 1511
26
WHEREAS, this Ordinance directly addresses the public safety concems associated
with the sale of alcoholic beverages, and the convenience of the City's residents and visitors
who desire to purchase alcoholic beverages; and
WilfREAS, Florida courts have rejected equal protection and due process challenges to
Seclion 562.14, Florida Statutes (See tVednesday Nrgi,{ lnc. v. City ol Fort Lauderdale (Fla.
1973)); and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beveragea, because
municipalities have the statutory authority under Section 562j4, Florida $tatutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beveragee may be applied to a property incorporated later into th* municipality by annexation.
Vflage of Narth Palm Eeach v. S & H Fosfer'g Ins., 80 Sa. 3d 433 (Fla. 4th DCA 2012); and
WHEREA$, in Sfale ex reL Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[iJt is so well settled that no citation of authori$ is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reassnable regulations
may prohibit the sale of such liquors within certaln hours, and also may prohibit the sale of
liquors within ce*ain zones'; and
lrllHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
IIIIHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op.Att'y Gen. Fla., p. 497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishrfienis are not entitled to grandfather status as to hours of sale for alcoholic beverages
(See Village af North Palm Beach r. S & H Fosfet'g lnc. (Fla. 4th DCA ZA12),; Qther Place of
Miami, lnc. v. Ci$ of Hialeah Gardens (Fla. 3d DCA 1978)); and
UIIHEREAS, injunctive relief [s not available against the enforcernent of a municipal
ordinance regulating the time at which alcoholic beverages rnay be sold, because rnunicipalities
have the statutory authority to set times for sale of alcoholic beverages. ld.i Playpen S., /nc. v.
City of Oakland Park,396 8o. 2d 830 (Fla. 4th DCA 1981); and
l,ltHEREAS, Florida Courts have ruled lhat hours of operation are not a property right. S.
Aaybna Resfs., tnc- v. Crty cf $. Daytona, 186 $o. ?d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendment set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE IlilAYOR AND CITY COIUTTIIISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
2
Page 1317 of 1511
27
$ECJION ,,1 That Section 6-3, entitled "Hours of Sale / Molations," of Article l, of Chapter 6, of
the City Code of the Cig of Miami Beach is hereby amended as follows:
CHAPTER 6
ALGOHOLIC BEYERAGES
ARTICLE l. ln General
Sec. 6-3. Hours of sale I violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a state license, and shall be accsrding to the follcwing schedule:
(1) Retailslores for pacitage sales only-Off-prernises consumplion Vendor$ may make
sales of alcohol only far off-premises consumption between the hours of 10:00 a.m.
and midnight.
(2) Refal/ sfores, including grocery, convenience sfores, and gasoline sewice/filling
sfaftbns. Retail stores, including grocsry, convenience stores, and gasoline
servicelfilling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumpiion
between the hsurs of 10:00 a.m. and midnight.
(3) Alcoftolic 0ererage establishmenfs. All alcoholic beverage establishrnents with state
licensure-On-premises consumption only, may make sales of alcohol between the
hours of B:00 a.m. and 5:00 a.m.
(a) Restauranls nat operating as dance halls or entertainmenf esfab/ishmenfs"
Restaurants with full kitchen facililies, serving full meals, licensed as alcoholic
heverage establishments, but not operating as dance halls or enteriainment
establishmenk, may rernain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a,m.
(b) Resfaurants a/so operating as dance halls or entertainmenf esta0/r'shmenfs.
Reslaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as dance halls, or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted
between the hours of 5:00 a.m. and 10:00 a.m.
(c) Ather alcoholic beverage esfa0i'shmenfs. Other alcoholic beverage
establishments, not containing restaurants with full kitchen faciltties, shall clo*a at
5:00 a.m. and remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises betrueen the hours of 5:00
a.m. and B:00 a.m.
(d) Sidewalk cafes. Notwithstanding the provision* of subsections (3)(a) through (c),
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafe$,
as defined in section 82-366 of this Code and as otherwise permitted by the city in
aceordance with chapter 82, article lV, division 5, subdivision ll of this Code (as
nray be amended from tirne to time), between the hours of 1:30 a.m. and 8:00
3
Page 1318 of 1511
28
a.m", and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m.
and 8:00 a.m. No variances may be granted from the provisions of this section 6-
3(3Xd) as to the hours of sale or consumption of alcoholic beverages at sidewalk
cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial
grade bumers, ovens, and refrigeration units of suffcient size and quantity to
accommodate the occupancy content of the establishment. Full kitchen facilities must
contatn grease trap interceptors, and meet all applicable city, county, and state codes.
(4) Aff-premises package sales by alcoholic beverage esfa0lishmenfs. Off-premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be pennitted between the hours of 10:00 a.m. and midnight.
15) Private clubs. Consideratian of a request for a private club conditional use pernit,
including the hours of operation, shall be pursuant to the conditional use procedures
and review guidelines as listed in seclion 118-191, et seq. A private club, either as a
permitted main or aq6e$$ory use, shall only offer alcoholic beverages for sale or on-
premises consumption if the private club, in accordance with section 6-2(a), secures a
license for the distribution or sale of any alcoholic beverages from the division of
alcoholic beverages and tobacco af the department of businees and professional
regulation of the state. Private clubs licensed as alcoholic beverage establishments,
either as permitted main or accessory use$, shall, only offer alcoholic beverages for
sale or on-premises consumption between the hours of 8:S0 a.m. and 5:00 a.m., on
sny day of the week, provided that service is made only to members and guests of
members pursuant to Florida Statutes. However, any private club permitted to remain
open after 2:00 a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or offduty police officers
between the hours of 2:00 a.rn. and 5:00 a.m. each day"
Private clubs securing a license from the state division of alcoholic beverages and
tobacco by complying with the requirements of F.S. $ 561.20 for racquetball, tennis, or
golf course facilities may admit members at any time for use of such facilities, hut may
not serve alcoholic beverages after 2;00 a.m. each day unless such private club is the
holder of an extra-hours license and complies with the above requirements.
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumptian until 5:00 a.m.
may continue to serve alcohalic beverages for on-premises consumption and, if the
alcoholic beverage establishment is located on Oeean Drive between Sth Street and
1Sth Street, for consumption at the establishment's sidewalk cafe (i) until 7:00 a"m. on
January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday
if the day that is observed as a national holiday for New Year's Day is on Monday, and
(ii) until 7:00 a.rn. during certain major event days or wsekends as may be designated
by the city commission or as may be designated by the ci$ manager following approval
by the city commission, under the following conditions:
(a) The police department and the code compliance departrnent of the city must be
notified by a letter, received no later than 15 business days prior to either: (a)
January 1, or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for on-
premises consumption and, if the alcoholic beverage establishment is located on
4
Page 1319 of 1511
29
Ocean Drive between 5th Street and 15th Street, for consumption at the
establishment's sidewalk cafe until 7:00 a.rn.;
(b) lf deemed reasonably necessary by the police chief, or the police chiefs designee,
off-duty police officers must be provided at the alcoholic beverage establishment
untilT:00 a.m.;
(c) There are ne pending City Code violations against the alcoholic beverage
establishment;
(d) No delinquent or past due monies are owed to the city;
{e) Outdoor entertainment or open-air entertainrnent is not allowed;
(f) No violation of the city's noise ordinance shall be permitted;
{g} No violation of the approved fire code occupancy load shall be permitted;
(h) All required city pennits and licenses are cunent;
{i) The state license is cunent; and
fi) Any other conditions required by the city manager in order to protec-t the public
health, safe$, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permltted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages until 6:00 a.m. on the firet day of daylight
savings time in the spring.
(8) The city manager may suspend the provisions of subsection (6) at any time to protect
the public health, safety, or welfare.
(g) Penalties and enforcement.
(a) The following penalties shall be imposed for a violation of this section:
i. The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of $1,000.00;
ii" The penalty for the second violation by a person or entity within a 12-month
period shall be a civilfine of $5,000.00;
iii. The penalty for the third violation by a person or entity within a l2-month
period shall be a civil fine of $'10,000.00;
iv. Upon a finding by the epecial master that four or more violations by a person
or enti$ have occurred within a 12-month period, the city may initiate
proceedings to revoke the certificate of use, business tax receipt, or certificate
of occupancy of the violator.
v. A sidewalk cafe permittee that has been issued four or rnore violations
pursuant to this section or section 82-388 within a permit year shall be
prohibited from applying for and obtaining a sidewalk cafe permit for a period
of two permit years following the permit year in which the sidewalk cafe
permittee incuned the violations.
(b) Enhanced penalty. The follawing enhanced penalty shall be imposed, in addition to
any mandatory fines set forth in subsection (9Xa) above, for violations of this
section:
Page 1320 of 1511
30
(c)
i. The sale of alcoholic beverages in violation of this section must be
immediately terminated, upon confirmation by the code compliance
deparknent that a violalion has occurred.
Enforcement. The code compliance department shall enforce this section. This
shall not preclude other law enforcement agencies or regulatory bodies from any
action to assure compliance with this section and all applicable laws" lf a code
compliance officer (which, as defined in sec'tion 70-66, includes a police officer)
finds a violation of this section, the code compliance officer shall issue a notice of
violation in the manner prescribed in chapter 30 of this Code. The notice shall
inform the violater 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 days after servlce of the notice of violaticn, and that the failure to appeal
the violation within ten days of service shall constitute an admiseion uf the violatipn
and a waiver of the right to a hearing.
Rights of violators; payment of fine; ight to appear; failure to pay civil fine or to
appeal: appeals from decisions of the special master.
i. A violator who has been served with a notice of violation mu$t elect to either:
A. Pay the civil fine in the manner indicated on the notice of violation; or
B. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten days of the service
of the notice of violation.
ii. The procedures for appeal by administrative hearing of the notice of violation
shallbe as setforth in sections 30-72 and 30-73 of this Gode. Applications for
hearings 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.
iii. lf the named violatar, 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 report from the
officer. The failure of the named violator to appeal the decision of the otficer
wthin the prescrihed time period shall constitute a waiver of the violator's right
to an administrative hearing befare the special master, and shqll be treated a*
an admission of the violation. for which fines and penalties shall be assessed
accordingly.
iv. 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 ownad by the violator, which may be enforced in the s€me 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 61st day following
the recording of any such lien that rernains unpaid, the city may foreclose or
otherwise execute upon the lien.
v. Any party aggrieved by a decision of a special master may appeal that
decision to a court ol competent jurisdic-tion.
(d)
t)
Page 1321 of 151 1
31
vi. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to requ*st an administrative hearing within ten
days of the service of the notice of violation.
vii. The special master shall not have discretion to alter the penalties prescribed
in subsec'tion (gXa) or (9Xb).
&l Notrn{lhstandins the hours set forth within sqbsectien {a} herein. the sale" consumption or
servinq of alcohol. alcoholic beverages or intoxicatino beveraqqs shall not be permitted
betw".een the hours of 2:00 a.m. and 10:00 a.rn.. bv anv alcoholic beverage establishment or
any other entity holdin$ a licenee issued bv the State of Florida. Division gl..Aboholic
Beverages and Tobacco durino the period com$encino At 11:59 o.m. on the Thursdsv
precedinq the Holiday.g$f M$Jmfial Dav. Fourth of Julv. Labor Day and Columbus Dav. gnd
continuino until 11:5,*,p.m,,,*n Mond.ay. orovided that the observed date for the Holiday is a
Fridav. Saturday. Sunday or Monday.
sEcTtoN 2. coDtFtc4Tl0N,
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 rnade 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 .ordinanee" may be changed to osection,"
oarticle," ur other appropriate word.
sEcTrCIry& nE[kALEF.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SE\TERAEILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
sEcfloN 5. EFFECTIVT pATEI
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
RafaelE. Granado
Gity Clerk
(Sponsored by Gommissioner Michael Grieco)
Underline denotes new language
S*rike&reugh denotes removed language
2017.
Philip Levine
Mayor
APPROVEDASTO
FORM & I3ilIGUAGE
&FIOR E(EfllTlON
{-0"t- L,
Page 1322 of 151 1
-T6E@ De
- ('l
32
Resolutions - R7 F
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jirnrny L. Morales, Cig Manager
June 7,2017
A/\IAMI BEACH
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP)
NO.2O17-OO6-AK, FOR A PUBLIC SAFETY RADIO NETWORK, AND
AUTHORIZING THE ADMINISTRATION TO ENTER lNTO NEGOTIATIONS
wlTH HARRTS CORPORATTON ('HARR|S"), AS THE ClTy MANAGER',S
FIRST RECOMMENDED PROPOSER; AND, SHOULD NEGOTIATIONSWITH HARRIS BE UNSUCCESSFUL, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MOTOROLA
soLUTloNS ('MOTOROLA"), AS THE SECOND RECOMMENDED
PROPOSER; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND APPROVE THE TERMS OF A MONTH-TO.MONTH
AGREEMENT WITH MOTOROLA FOR THE MAINTENANCE OF THE
CURRENT SYSTEM UNTIL SUCH TIME AS A NEW SYSTEM IS
I MPLEMENTED.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
A public safety radio network is essential to the Administration's ability to provide the City's
emergency responders with comprehensive radio communications, and with efficient, reliable
technology, coverage, and functionality. The City desires to transition from its cunent Project-16
compliant Motorola SmartNet ll configuration, and to embrace neq emerging radio technology
that is in full compliance with industry-recognized Project-25 (P25) 7001800 MHz digital
simulcast trunked radio network. P25 is a suite of standards for digital radio communications for
use by federal, state, and local public safety organizations in North America developed through
a coalition that included: Association of Public-Safety Communications Officials-lntemational;
NationalAssociation of State Telecommunications Directors; National Telecommunications and
lnformation Administration; National Communications System; National Security Agency; and
the Department of Defense.
As such, the Administration solicited proposals, by way of Request for Proposals (RFP) No.
2017-006-AK, for Public Safety Radio Network, from qualified proposers, to assist the
Page 1353 of 1511
33
Administration in obtaining an enhanced digital radio communications platform, aligned toward
full Project-2S compliance.
On October 19,2016, the City Commission approved the issuance of Request for Proposals
No. 2017-006-AK, for Public Safety Radio Network (the "RFP"). On October 24,2016, the
RFP was issued. A mandatory pre-proposal conference to provide information to proposers
was held on November 15 and 16, 2016. RFP responses were due and received on February
15,2017. The City received a total of tuo (2) proposals from Hanis Corporation, and Motorola
Solutions, lnc. An Evaluation Committee appointed by the City Manager pursuant to LTC# 1 19-
2017 convened on March 13,2017 to consider the responsive proposals received. The
Committee was comprised of Steve Feldman, Lieutenant, CMB Police Department; Gina
Ferguson, Assistant Director, CMB Department of Emergency Management; Lazarc Guena,
Communications Manager, CMB Fire Department; Robert Hundevadt, Director of Public
Safety, Miami Beach Convention Center, Spectra Venue Management (Retired MBPD
Captain); Sarah Saunders, Code Compliance Manager, CMB Code Compliance Department;
and Mark Taxis, Assistant City Manager.
The Committee was provided an oveMew of the project, information relative to the City's Cone
of Silence Ordinance, and the Govemment in the 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 RFP. The RFP required that the Committee score and rank proposers in two
areas: 1) experience and qualifications and 2) approach and methodology. The RFP also
required that cost and Veteran's preference points be added to the Committee's scores for a
finaloverall ranking.
Scores for Qualifications and Approach. Table 1 included in Attachment A indicates the results
of the Committee's scoring of 1) experience and qualifications and 2) approach and
methodology.As Table 1 indicates, the Committee unanimously deemed the Hanis proposal to
be superior in the areas previously noted.
Scores for Oualifications and Approach, and Cost. As required by the RFP, points for cost and
Veteran's preference were added to the Committee's scores. No proposer was eligible for
Veteran's preference points. Hanis submitted an overall cost proposal totaling $21,962,508,
and was awarded 10 points in accordance Wth the formula in the RFP. Motorola submitted an
overall cost proposal totaling $14,374,996 and was aranarded 15 points. Please note that both
proposals exceed the City's cunent budget tor aP25 system replacement.
The addition of cost points to the Committee's scores resulted in a tie between the tuo
proposerc as noted in Table 2 included inAttachmentA.
The following is a brief summary of each proposer (based on information submitted in each
proposer's response to the RFP:
Hanis Concoration
Hanis has over 80 years of experience providing mission-critical radio systems throughout the
world. Hanis has approfmately $6 billion in annualrevenue, supporting customers in more than
100 countries. Hanis positioned to leverage its military communications expertise to bring the
highest levels of durability, reliability and security to its public safety solutions. Harris' technology
Page 1354 of 1511
34
approach is one of innovative and future-ready solutions, designed from valuable ideas and
opinions given to it by first responders and dispatchers from all over the country (including
South Florida). Furthermore, Hanis has deployed more than 500 major radio systems all over
the world, including the following local clients: Miami-Dade County; Coral Gables; Aventura;
Collier County;and (most recently), the Cityof Miami.
Motorola Solutions. I nc.
Motorola Solutions, lnc. is a global leader in providing missiorr-critical communications
solutions, products, and services for public safety and govemment customers. With a strong
balance sheet, disciplined financial policies, and commitment to innovation, Motorola is well
positioned to serve its customers, serving the public safety and govemment markets by
providing wireless communications systems, products, and seMces for more than 85 years.
Motorola has 14,000 employees nacrldwide. Over the last five years, the Motorola Solutions'
project team deployed 19 large complex systems throughout Florida, including (but not limited
to): Boca Raton; Boynton Beach; Delray Beach; Palm Beach County; St. Lucie County; Martin
County; Plantation; Fort Lauderdale; Citrus County; Osceola County; Monroe County; Coral
Springs; Sumter County; Lakeland; Highlands Coung; Hemando County; St. John's County;
Seminole County; and Orlando.
The Committee's rankings and recommendations, as well as each proposal received, were
submitted to the City Manager for his independent review and recommendation to the City
Commission.
CONCLUSION
Having conducted an independent review of the proposals and having considered the results of
the Evaluation Committee's review and rankings of the proposals and the information provided
by the City's consultant on this project, I find that the proposal from Hanis offers the overall best
option for the City and the safety of our law enforcement and public safety employees for the
reasons noted below.
Above any other consideration, it is essential that the City's radio system assures the highest
level of safety for the City's law enforcement and public safety personnel. ln order to do so, the
system selected must provide full interoperability with the systems utilized by the City's
neighboring public safety agencies. Given the frequent interactions between our public safety
officers and theirs, interoperability has always been a primary concem. Forthis reason, the RFP
stated its requirement to achieve seamless roaming between the City's system and its
neighboring jurisdictions (Section C-7.4, p.192). The law enforcement jurisdictions with which
the City believes interoperability to be the most critical include Miami-Dade County (and the
jurisdictions it services), City of Miami, City of Coral Gables, City of Aventura, and City of
Hialeah. Aside from the City of Hialeah which has yet to select aP25 provider, all the other law
enforcement jurisdictions named are on, or plan to transition to, Harris systems. ln fact, after the
City of Miami finalizes its transition to a Hanis system, the only jurisdictions within Miami-Dade
County that would remain on a Motorola system are the cities of Hialeah and Homestead.
With regard to interoperability, the City's consultant has determined that, while a Haris system
can interoperate with a Motorola system, and vice versa, there are certain beneficial features
that are enhanced when interfacing between Hanis to Hanis, or Motorola to Motorola systems.
Seamless roaming is one such feature. Seamless roaming refers to the ability for Miami Beach
Page 1355 of 1511
35
personnel to automatically communicate with Miami Dade County or the City of Miami networks
as soon as he or she enters the neighboring jurisdiction, without needing to make any manual
adjustments. ln other words, in seamless roaming all roaming across networks happens
seamlessly in the background with no officer intervention. For example, in the event of a vehicle
chase where an officer is traveling across a causeway towards another jurisdiction, the officer
would only need to focus on the incident and not on transitioning from the City's network to
another. ln seamless systems of like manufacturers, the radio would automatically kansition to
the neighboring jurisdiction's system without any intervention by the officer and he or she would
be able to communicate during the entire event with dispatch and other responding units with no
action on his or her part. Without seamless roaming an officer would need to manually switch
channels to the access the neighboring jurisdictions network. lt is impoftant to note that
seamless roaming is not just impoftant to our officers when they cross the causeways (which is
quite frequent), but also to the many officers from other jurisdictions that work on Miami Beach
during many of our special events. With like systems the City can achieve much better
coordination on both sides of the bay.
'Further, in considering the rankings provided by the Evaluation Committee members (wfro
reviewed each of the proposals submitted, and considered presentations by each team), as well
as the questions posed by each committee member, every member of the Evaluation
Committee, comprised of high level personnel from the Police, Fire, Code Compliance and
Emergency Management Departments, found Haris's qualifications and technical proposal to
be superior to Motorola's; and, therefore, unanimously awarded top ranking to the Hanis
proposal. Some of the comments provided by the Evaluation Committee members included the
concems over interoperability, as well as the added benefit of increased coverage reliability and
connectivity to the dispatch center when units leave the City's coverage area. One evaluation
committee member, when addressing the issues of interoperability with neighboring
jurisdictions, refened to the potential for interoperability issues to create "dangerous and
frustrating" situations for the officers. I have also considered the concems and comments of the
Chiefs of Police and Fire, ufio have determined Hanis's proposal to be in the best interest of
the City.
Finally, while the City is intending to protect its investment and the quality of the services
provided by the radio system now (and in the future) by requiring proposers to offer 5, '10, and
15 year wananty options, the success of any wananty is wholly dependent on the quality of the
services proMded by the wanantor. Whereas the City Code requires a consideration of the
"quality of performance of previous contracts," City staff has expressed concems over prior
performance issues the City has experienced with the cunent radio system and Motorola's (the
cunent vendor) performance in addressing these issues. Some of the issues include (but are
not limited to):
1 . Ongoing issues with the functioning of the system, including situations that have been
repeatedly misdiagnosed and, at times, for which no viable solutions have been presented.
ln some cases, the City has been required to create "work arounds" in an attempt to maintain
continual communications necessary for officer and citizen safety. ln some cases, officers
have been left without audio and, essentially, unable to communicate with others. ln other
cases, the system would "lock up" for periods of time, creating an inability for emergency
responders to communicate.2 Repeated errors in conectly diagnosing system malfunctions resulted in
recommendations by Motorola that the City purchase additional Motorola products (at the
City's expense). However, when the new products were implemented, the system
Page 1356 of 1511
36
malfunctions continued.
3 Motorola has been unable to meet a number of benchmarks regarding certain
components of the existing system.
Finally, as with any system of this magnitude, cost is a major consideration. The RFP required
proposers to provide costs for the network, equipment, training and wananty/maintenance. For
these items, Motorola submitted an initial price of $14,374,996, and Hanis submitted an initial
price of $21,962,508. However, upon further review by the City's consultant, it appearc that both
proposers provided cost proposals that were not consistent with the RFP. According to the
City's consultant, Hanis included optional items, and their respective costs, not required by the
RFP. Additionally, Motorola did not provide costs for site facility upgrades, as required by the
RFP. ln short, it is difficult to precisely ascertain at this time what are the actual cost differences
between the Hanis and Motorola proposals.
While costs for such a system is a major consideration, it is paramount that the radio system
selected assures the highest level of safety and efficient operations for the City's law
enforcement and public safety personnel, rather than simply be the lowest cost system.
Therefore, I find that the proposal from Hanis offers the overall best option for the City and the
safety of our law enforcement and public safety employees. Accordingly, I recommend that the
Mayor and City Commission approve the Resolution authorizing the Administration to negotiate
an agreement, pursuant to Request for Proposals No. 2017-006-AK (the RFP), Public Safety
Radio Network, with the Hanis Corporation; and directing the Administration to submit the
finalized agreement for approval to the Mayor and Commission; and, further, authorizing the
Administration to finalize the terms of a monthto-month continuation of the cunent service
agreement with Motorola until such time as a new system can be implemented. lt is my hope
that during the course of negotiations, we will be able to significantly reduce the initial price. lf
we fail to achieve a satisfactory result, then I will retum to the Mayor and City Commission for
direction to negotiate with Motorola.
Legislative Tracking
Fire/EOC/Police
ATTACHMENTS:
Description
n AttachmentA
o Resolution
Page 1357 of 151 1
37
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38
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MlAlvil BEACH, FLORIDA, ACCEPTING THE RECOMMENDATTON OF THE
clTY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.
20{7.006.AK, FOR A PUBLIG SAFETY RADIO NETWORK, AND
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
wtTH HARRTS CORPORATION ("HARR!S"), AS THE GITY MANAGER'S
FIR$T REGOMMENDED PROPOSER; AND, SHOULD NEGOTIATIONS WITH
HARRIS BE UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH MOTOROLA SOLUTIONS
("MOTOROLA"), AS THE SECOND RECOMMENDED PROPOSER; AND,
FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
APPROVE THE TERMS OF A MONTH.TO-MONTH AGREEMENT WITH
MOTOROLA FOR THE MAINTENANCE OF THE CURRENT SYSTEM UNTIL
SUCH TIME AS A NEW SYSTEM IS IMPLEMENTED.
WHEREAS, on October 19,2016, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 2017-006-AK, for Public Safety Radio Network
(the "RFP'); and
WHEREAS, the RFP was issued on October 24, 2016, with an opening date of
February 15,2017; and
WHEREAS, on February 15,2017, the City received proposals from Harris Corporation
and Motorola Solutions, lnc.; and
WHEREAS, on March 1, 2017, the City Manager via Letter to Commission (LTC) No.
119-2017, appointed an Evaluation Committee, which convened on March 13,2017 to review
and score the proposals received; and
WHEREAS, the Evaluation Committee's evaluation of qualifications and scope resulted
in the unanimous initial recommendation of Harris, as the top-ranked proposer, and Motorola as
the second-ranked proposer; and
WHEREAS, when cosf poinfs were added to the Committee's evaluation scores, the
final ranking and recommendation resulted in a tie between Harris Corporation and Motorola
Solutions, lnc,; and
WHEREAS, the City Manager, having considered the recomrnendation of the Evaluation
Committee and having further conducted his own due diligence with respect to the two
proposals (as set forth in the Commission Memorandum attached and incorporated to this
Resolution), hereby recommends that the Mayor and City Commission authorize the
Administration to enter into negotiations with Harris, as the first recommended proposer, and
should negotiations not be successful with Harris, enter into negotiations with Motorola, as the
second recommended proposer; and
Page 1359 of 1511
39
WHEREAS, further, the City Manager recommends that the Mayor and City Commission
authorize the Administration to finalize the terms of a month-to-month continuation of the current
service agreement with Motorola until such time as a new system can be implemented.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the Resolution accepting the recommendation of the City
Manager, pursuant to Request for Proposals (RFP) No. 2017-006-AK, for a public safety radio
network; authorize the Administration to enter into negotiations with Harris Corporation, as the
City Manager's first recommended proposer; and, should negotiations with Harris Corporation
be unsuccessful, authorize the Administratiort to enter into negotiations with Motorola Solutions,
lnc., as the second recommended proposer, and, further, authorize the City Manager to
negotiate and approve the terms of a month{o-month agreement with Motorola for the
maintenance of the current system, until such time as a new system is implemented.
PASSED AND ADOPTED this day of 2Q17.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED A$ TO
FORM & IANGUAGE
& FOR DGCUTION
oity Attorney
Page 1360 of 1511
40
Resolutions - R7 K
COMMISSION MEMORANDUM
Honorable Mayorand Members of the City Commission
Jimrny L. Morales, City Manager
June 7,2017
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE A CHANGE ORDER IN THE ESTIMATED AMOUNT NOT TO
EXCEED $17O,OOO.OO, UNDER THE NJPA CONTRACT AWARDED TO
LANZO CONSTRUCTTON CO, FLORTDA (LANZO), PURSUANT TO
CONTRACT FLO4UG4-A51716-LCC, IN THE ORIGINAL AMOUNT OF
$1 ,999,957.21 , FOR THE CONSTRUCTION OF A NEW 72 INCH
STORMWATER SEWER LINE ALONG WASHINGTON AVENUE FROM 17TH
STREET TO 18TH STREET AND ALONG 17TH STREET FROM
PENNSYLVANIA AVENUE TO WASHINGTON AVENUE, WHICH FUNDS
SHALL PROVIDE FOR STREET RESTORATION OF WASHINGTON
AVENUE AND 17TH STREET, FOR A TOTAL NOT TO EXCEED CONTRACT
AMOUNT OF $2,1 69,957.21.
RECOMMENDATION
The Administration recomrnends approving the Resolution authorilng the funding for the change
order in the anrount of $170,000.00 for street restoration and other related work along Washington
Avenue and 17th Street.
ANALYSIS
The purpose of this project is to install a new 72 inch storm sewer along the Washington
Avenue form 17th Street to 18th Street and along 17th Street from Pennsylvania Avenue to
Washington Avenue project as part of the ongoing effort the City is undertaking to perform
improvements of the existing drainage conditions citywide to provide a higher level of service by
reducing flooding due to extreme high tides, increase rainfall intensity and duration. The
proposed project is also part of two major pump stations: one at the northeast comer of the
Convention Center under construction and the other at the 19th Street parking lot south of the
Holocaust Memorial, construction is anticipated to begin lale 2017.
The proposed change order provides for additional items of construction not included in the
original contract. These items include the restoration of the pavement within the contract limits,
cross walk paver restoration at the intercection of Washington Avenue and 17th Street, and
resolution of unforeseen conflicts with existing utilities and landscaping.
Page 1368 of 1511
41
The total change order amount of $170,000.00 is below the customary 10% contingency for
projects such as this one. The total contract amount including the change order is
$2,169,957.21 ($t,999,957.21 originalamountplus$170,000.00changeorderamount).
With the exception of minor punch list items, the construction of this project is complete and
ready for the Miami Beach Convention Center Project to take over Washington Avenue.
coNcLusroN
The Administration recommends approving the Resolution authorilng the funding for the
change order in the amount of $170,000.00 for street restoration and other related work along
WashingtonAvenue and 17th Street.
Amount 1 $ 170,000,000 Account 1 429-0815-069357-29-418-576-00-00-00-
23270
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o LANZO Change Order Scope & Proposal
n Resolution
Page 1369 of 1511
42
mlLANzolilEl cofrmtrfrcil?rrr
tMiw*,
May 246,2017
Jose Rivas
Public Works Department
City of Miami Beach
1700 Convention Center Drive, 4ft Floor
Miami Beach, FL 33139
Reference: 7}-Itch Drainage Along Washington Ave - Additional Work
NJPA Cost Proposal
Jose,
City has requested we price the cost of the additional work requested by the City for the restoration and completion ofthe 72in
Along Washin$on Ave as well as the unforeseen. additional work items that arose during the installation of the 72" Drainage
from 18s St and Washington Ave to 17m St and Pennsylvania Ave. Below are the items of work and their respective breakdowns:
Description of Work Price
Production Loss lnstall PiDe in Wet s 21,s7s.8s
Oive Servlces for Box Connection 5 10,12s.00
Brick Pavers S 34,soo.6o
Mill and Overlav Warhinston & 17th s 20.155.50
Stubblns Electrical for Liahtlnr s 1.605.07
Palm Trees s 28,278.00
4* FM s 4,940.00
12" WM S 10,133.00
Pioe Cleanins s 9,288.00
Taooins for lrrisation s 13_335.00
Sub-Total I 1s3,936.02
Plus NJPA Fee (7.5%)5 11,545.20
Bonds & lnsurance {2.5%)s 4.137.03
TOTAL s 169,618.2s
AssumptionVExclusions:
- Paver restoration at locations damaged by construction only
- Thermoplastic striping only at the intersection of l7e St and Washington Ave. Temporary striping everywhere else.
- Traffic loop at the west side of the intersection of 176 St and Washington Ave to be repaired by others.
Please feel free to contact me should you have any questions.
Sincerely,
}"-{}U-*
Daniel Mesquita
Project Manager
Lanzo Construction Co., FL
407 Lincoln Road Miami Beach FL 33 1 39 Phone (954) 979-0802 Fax (786) 47 6 -0368
www.lanzo.net
Page 1370 of 151 1
43
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE A CHANGE ORDER IN THE ESTIMATED AMOUNT NOT TO
EXCEED $17O,OOO,OO, UNDER THE NJPA CONTRAGT AWARDED TO
LANZO CONSTRUCTTON CO, FLORIDA (LANZO), pURSUANT TO
CONTRACT FLO4UG4.O5{716-LCC, !N THE ORIGINAL AMOUNT OF
$1,999,957.21, FOR THE CONSTRUCTION OF A NEW 72 INCH
STORMWATER SEWER LINE ALONG WASHINGTON AVENUE FROM 17TH
STREET TO {8TH STREET AND ALONG 17TH STREET FROM
PENNSYLVANIA AVENUE TO WASHINGTON AVENUE, WHIGH FUNDS
SHALL PROVIDE FOR STREET RESTORATION OF WASHINGTON AVENUE
AND 17TH STREET, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT
oF $2,{69,957.21,
WHEREAS, the installation of a 72 inch stormwater sewer line project, along
Washington Avenue between 17th and 18n Streets, is part of the City's ongoing effort to improve
drainage conditions citywide, and a higher level of service to residents by reducing flooding due
to extreme high tides; and
WHEREAS , the 72 inch stormwater sewer line is also part of two major pump station
projects: one at the northeast corner of the Convention Center (currently under construction)
and the other at the 19th Street parking lot, south of the Holocaust Memorial (anticipated to
begin late 2017); and
WHEREAS, at its December 21, 2016 meeting, the City Commission approved and
authorized NJPA contract FL04UG4-051716-LCC with Lanzo Construction Co, via Resolution
No. 2016-29693, to install a new 72 inch stormwater sewer line along Washington Avenue from
17s Street to 18th Street and along 17th Street from Pennsylvania Avenue to Washington
Avenue; and
WHEREAS, through the process of the construction, it was noted that additional items
totaling $169,618.25, not within the original scope of the NJPA, were required to be procured
under a change order, due to unforeseen events, including providing a brick paver crosswalk
restoration at the intersection of Washington Avenue and 17th Street; additional pavement
restoration or replacement, not originally contemplated, and unforeseen utility relocation and
modifications to the scope due to landscaping conflicts; and
WHEREAS, the NJPA pricing schedule identifies the per unit cost for all of the
additionally items, which the City believes to be estimated at the not to exceed amount of
$170,0000; and
WHEREAS, the City Administration requests authority to negotiate the final costs for the
change order based upon the not-to-exceed amount, and consistent with the NJPA pricing
schedule,
WHEREAS, the revised total contract not-to-exceed amount including the change order
is not to exceed $2,169,957.21 and
WHEREAS, the Administration recommends authorizing the change order to Lanzo
Construction, Co.
Page 1371 of 1511
44
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Comrnission, hereby
authorize the administration to negotiate a change order in the estimated amount not to exceed
of $170,000.00, under the NJPA Contract awarded to Lanzo Construction Co, Florida (Lanzo),
pursuant to contract FL04UG4-051716-LCC, in the amount of $1,999,957.21 for the
construction of a stormwater sewer line along Washington Avenue from 17h Street to 18th Street
and along 17n Street from Pennsylvania Avenue to Washington Avenue; which funds shall
provide for street restoration of Washington Avenue and 17th Street, for a total not to exceed
contract amount of $2,169,957,21.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E, Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIoNALal u-('\'J
-
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4-5
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T:\AG E NDA\20 1 7\6 - J une\P u bl ic Works\La nzo res o. docx
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45
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46
Resolutions - R7 M
COMMISSION MEMORANDUM
Honorable Mayorand Members of the City Commission
Jimrny L. Morales, City Manager
June 7,2417
AAIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ClTY
MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT WITH
BOUCHER BROTHERS MIAMI BEACH, LLC, FOR TABLES, CHAIRS, AND
UMBRELLAS (BRANDED WITH THE BOUCHER BROTHERS LOGO),
lNCLUDING DAILY SET UP AND TAKE DOWN SERVICE, TO BE USED
EXCLUSIVELY IN CONNECTION WITH THE CITY'S PLANNED RUE
VENDOME "SOFT" STREET CLOSURE BETWEEN 71ST STREET AND
NORMANDY DRIVE.
RECOMMENDATION
The Administration recomnends that the Mayor and City Commission approve the Resolution.
BACKGROUND
At the March 1, 2017 nreeting, the City Commission passed a motion approving the pernnnent
closure, preceded by a three (3)-nnnth "soft closure", of Rue Vendome between 71st Street and
Nornnndy Drive. The Commission directed the Administration to conduct a survey of the area at the
City's epense, to nnke the survey available to business owners that want to pursue a sidewalk caf6
permit, and suggested that the Administration notify the residents and businesses in the area prior to
implernentation of the soft closure.
The perrnanent closure of Rue Vendone was developed by the North Beach Blue Ribbon
Committee and later approved as part of the North Beach Master Plan. The pernnnent closure has
also been approved by the Florida Departnent of Transportation and Miami-Dade County
Departnent of Transportation and Public Works.
A conmunity rneeting was held on April 5, 2017 to update the local residents and businesses on the
pending street closure. At the rneeting, various concepts for a soft closure as well as a perrnanent
closure were presented to the community for input.
ANALYSIS
As a result of coordination efforts by Staff, in search of temporary street fumiture with shading
(umbrellas) for placement on Rue Vendome, Boucher Brothers Miami Beach, LLC offered
Page 1376 of 151 1
47
to sponsor tables, chairs, and umbrellas on a temporary basis, during the three (3)-month soft
closure of Rue Vendome between 71st Street and Normandy Drive. The umbrellas will
display the Boucher Brothers logo.
The sponsorship requires a resolution of the Mayor and Commission to authorize the City
Manager to accept the street fumiture from Boucher Brothers Miami Beach, LLC, for use
exclusively as part of the City's soft closure of Rue Vendome behrveen 71st Street and
Normandy Drive. Boucher Brothers will commit to sefting-up and taking-down the sponsored
street fumiture on a daily basis for the duration of the three (3|month soft closure.
Should the City Commission approve this resolution, execution of a sponsorship agreement
between the City and Boucher Brothers Miami Beach, LLC will be required.
KEY !NTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
The proposed sponsorship is at not cost to the City.
Legislative Tracking
Transportation
Page 1377 of 151 1
48
Agenda ltem RlAl
Date 6-7-t7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
UNITED STATES CONGRESSIONAL BILLS S. 279 AND H.B.
833 TO AMEND SECTION 935 OF THE WATER RESOURCES
DEVELOPMENT ACT OF 1986 TO FACILITATE THE USE OF
FOREIGN OFFSHORE SAND IN BEACH NOURISHMENT
PROJECTS; URGING THE UNITED STATES CONGRESS TO
EXPEDITE AND FUND THE STUDY TO ALLOW FOREIGN
SAND TO BE USED IN BEACH NOURISHMENT PROJECTS
lN MIAMI-DADE COUNW; AND, DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE OFFICIALS STATED HEREIN.
WHEREAS, beaches and dunes serve as a vital buffer between coastal
infrastructure and the destructive forces of ocean waves and surge during storm events;
and
WHEREAS, beach renourishment adds sand to the coastal system, helps keep
the erosive power of strong waves from reaching dunes and structures, and buffers
against the effects of sea level rise and climate change, thereby protecting coastal
properties and the coastal environment; and
WHEREAS, beach renourishment has been an ongoing practice in southeast
Florida since the late 1970s, as part of the Dade County Beach Erosion Control and
Hurricane Protection Project, providing essential economic, environmental, and
recreational benefits to coastal communities; and
WHEREAS, throughout the region, twenty-four federal and nonfederal beach
nourishment projects provide storm damage reduction to infrastructure as well as
incidental recreational opportunities; and
WHEREAS, Miami-Dade County, the State of Florida, and the Federal
government are cost-sharing partners in the Dade County Beach Erosion Control and
Hurricane Protection Project ("Project"); and
WHEREAS, Miami-Dade County is running out of dependable, economical, and
environmentally practicable sand sources; and
WHEREAS, as part of the Project, the Miami Beach renourishment project was
completed in March 2017; and
WHEREAS, the 201612017 Federal project trucked 233,000 cubic yards of sand
from an inland quarry in Central Florida to renourish the beach in the vicinity of 46th
Street and 53'o Street; and
49
WHEREAS, Section 935 of the Water Resources Development Act of 1986
("WRDA 1986") states that the Army Corps can only use domestic sources of sand for
renourishment efforts under the Project, unless the Secretary of the Army provides
written certification that domestic sources are not available for environmental or
economic reasons; and
WHEREAS, in March 2016, the Army Corps completed a Limited Reevaluation
Report and Environmental Assessment with a Finding of No Significant lmpact with
updated economics to justify potential alternative sand sources for future renourishment
projects to utilize new sand sources, which include Bahamas sand; and
WHEREAS, the option to import offshore sand from the Bahamas to expedite
beach nourishment projects in Miami Beach and throughout Miami-Dade County is
important because the sand may be closer to the quality of the sand on South Florida's
beaches than some of the alternatives listed by the Army Corps; and
WHEREAS, foreign offshore sources may have a lower cost to import than
purchasing sand from approved upland sources, and there may be fewer impacts on
roads, such as reduced quality-of-life impacts resulting from truck traffic and fewer
carbon emissions from trucks hauling the sand; and
WHEREAS, the City of Miami Beach (.City'), Florida, supports a recent decision
by the federal government to study the benefits of replenishing Florida beaches with
foreign sand; and
WHEREAS, on February 2, 2017, S. 279 and companion bill H.B. 833 were
introduced in the United States Congress to amend WRDA 1986 with respect to the
acquisition of beach fill to eliminate the restriction against foreign offshore sand; and
WHEREAS, it is in the best interest of the City to support S. 279 and H.B. 833 to
eliminate the restriction against foreign offshore sand, and to urge the United States
Congress to expedite and fund the study to evaluate the benefits of replenishing Florida
beaches with foreign sand.
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 support S. 279 and H.B. 833 to amend Section 935 of the Water
Resources Development Act of 1986 to eliminate the restrictions therein in order to
facilitate the use of foreign offshore sand in beach nourishment projects; urge the
United States Congress to expedite and fund the study to allow foreign offshore sand to
be used in beach renourishment projects in Miami-Dade County; and, direct the City
Clerk to transmit a copy of this Resolution to the members of the Florida Congressional
50
Delegation, the Secretary of the Army, the Governor of Florida, and the local and county
Mayors of coastal communities throughout Miami-Dade, Broward, Monroe, Palm Beach,
Martin, and St. Lucie Counties.
PASSED AND ADOPTED this _ day of June, 2017.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
& L'*'7
CltyAttomey
{
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51
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52
Agenda ltem R? K
Date 6 -7- l7
it'tiAfl'{lmHACft
OFFICE OF THE CITY MANAGER
LTC #: 154-2017
LETTER TO COMMISSION
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: March 28,2017
SUBIECT; World OutGames 2017
This letter serves to update the Mayor and Commission on the planning and fundraising
progress of the World OutGames 2017 scheduled to take place from May 26-June 4,
2017.
The City of Miami Beach has entered into two grant agreernents with Miami-Beach-
Miami LGBT Sports and Cultural League, lnc. in support of the World OutGames 2017.
Per Resolulion2014-28492, the first grant was issued in FY 2013114in the amount of
$100,000; with $50,000 to be repaid from World OutGames to the City of Miami Beach
upon receipt of funding from the Miami Beach Visitor and Convention Authority (VCA),
Although VCA funding for OutGames was secured for 2013114;2014115; 2015i16; and
2016117, OutGames has not yet reimbursed the City in the agreed upon amount of
$50,000 per this initial sponsorship agreement.
The second sponsorship agreement provides for $300,000 to be disbursed in three
installments:
1. The first disbursement of $100,000 at signing in October 2016,
2. The second disbursement of $100,000 at such time as when the World OutGames
has contracts in place/proof of fundraising of at least $1,100,000 from funding
sources other than the City.
3. The third disbursement of $100,000 would be made at such time as World
OutGames has contracts In place/proof of fundraising of at least $2,200,000 in
cumulative funds from funding sources other than the City.
Furthermore, the second sponsorship agreement stipulates that OutGames would be
responsible for providing financial reports on fundraising activities to the City summarizing
fundraising receipts for the following dates:. October 31, 2016r December31,2016o FebruaU 28,2017r April 30,2017. July 31,2017
Upon repeated request, the first fundraising and financial reports were presented on March
14, 2017. The fundraising report indicated an estimated value of $2,357,000 in both cash
and in-kind sponsorships and represented $495,000 in current cash collected.
53
Upon review of the fundraising report, it was clear that both cash and in-kind sponsorships
were co-mingled in the reporting, and City staff asked for an updated fundraising report
showing current commitments; cash received; outstanding gifts; and in-kind support.
Further, OutGames staff estimated that the total operating budget for the World OutGames
2017 was now in the realm of $2.5-3 Million, Staff requested an updated operating budget,
as the budget reflected in the agreement is represented as between $11.1 and 5.35 Million.
OutGames has not yet provided an updated operating budget.
At a subsequent meeting on March 24, 2017, OutGames provided an updated
fundraising report indicating the following funding secured to-date:. $1 ,732,541in committed gifts; including both cash and in-kind. $495,691 in cash gifts received. $605,000 in remaining cash gifts to be collected. $631,850 in in-kind support
The Adrninistration has not received copies of any sponsorship agreements and cannot
verify the cash collected. However, the financial report presented at the March 14, 2017
meeting represented a Balance Sheet indicating atotal cash balance of $31,499, indicating
that any sponsorship funds received had already been largely expended. (See attached
financial reports)
Updated fundraising and financial reports were provided on March 27, 2017. ln this
updated version, the fundraising report indicated a lotal of $193,000 in cash gifts
collected, with anticipated gifts remaining in the amount of $620,000. The financial report
did not match this fundraising report, but rather indicated $175,000 in cash gifts/
sponsorships collected and anticipated gifts remaining in the amount of $643,000.
Further, the financia[ report indicated a total operating budget in the amount of $2.185
Million.
The current Miami Beach Convention Center event schedule shows the OutGames
using a 14-day time window including load-in and load-out. This would be the first event
of 2017 to open, and construction crews are ramping up and incurring additional
expense in order to reach this milestone and prepare the building for an opening. lt
would be a waste of resources should the event cancel at the last minute and leave the
building unoccupied for that period of time.
At this juncture, Administration has grave concerns about the World OutGames ability to
successfully execute the planned events schedule given the very large gap between the
current cash balance ($9t,499) and the anticipated expenses ($2.185M), as well as the
impact a potential cancellation will have on the Miami Beach Convention Center
construction tlrneline and budget,
KGB/MH/ESA/W
54
World OutGames [st. Sponsorships & Grants:
Presenting SDonsor CMB
CASH
BALANCE
RECEVIED ANTICIPATED INK]ND PEN'DING TOTAL
$350.000 $150.000
Category
$350,000 General Funds
Apparel Sponsor $220,000 $100,000 $120,000 s220,000
Alcohol Sponsor Bacardi $ 149.000 $r 49,000 $1 49,000
Gor:eral Funds & Marketing
Product, POS and Staffing
Alcohol Spotrsor Coke $0-
Alcohol Sponsor Budwesier $50,000 $50,000 $50,000 Weok ofEvent Signage
Hotcl Sponsor The National Hotel $21.600 $20.000 $1.600 $21,600 General Funds
r-- ---O.ecathlon Sponsor-.- lW-Gq,-Mi -Jlotel-Rooms-
Hotel Sponsor ManiotHotel $1s,000 $15,000 $15,000 General Funds
Sponsor AARP $s.000 $5,000 $5,000 Humai tughts
Sponsor OutClique $ I 5,000 $15,000 $15P00 Marketing
- I heart RadioSponsorr;;:$5.000luoodman) 55,000 $s,000 Marketing
sponsor fnffi"fil'i,,. $zs,ooo $25,000 $25,000 Cash towards Sporh
Art Deco Muesum $20.000 $20000 $20.000
Perez Art Museum $ 1,370 $1,370 $1,3?0
New World Center $s.650 $5,650 $5,650 Venue
Soundscape Park
City $s,000
$5,000 $5,000 Venuo
PoetryFoudation $5,000 $5,000 $5,000 Cash
Burser Kine $5.000 $5.000 $s.000
GoDaddy $s,000 $5,000 $5,000
Cash
Cash
Papi Underwear $s,000 $5,000 $s,000
Institute for Race and $30.000Equrlrly $5,000 $5,000 $20,000 $30,000
Grant - Florida Sports
Foundation
$957,620
$200,000
$3'15,000 $392!620 $65,000
$200,000
$957,620
$200,000
Grant-VCA $4s,000 $45,000 $4s,000
Grant-Miami Dade
Culh.rre $5,045 $s,000
Grant-Miami Dade TDC $20,000 $20,000 $20,000
Grant- Miami Dade TDC $18,000 $18,000 $18,000
Grant - State ofFlorida
Culture $25.000
$313,045
$25.000
$2?5,000
$2s,000 #
$38,000 $313,000
$1,270,665 $193,000 $6201000 s392,620 $65,000 $1,270,620
55
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or
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oboE3!0
o!
'.Eg(,
CLo
oN
u|o
Eo
EO
3o
-C'
Lo
=
56
IVorlil OutGames EsL Sponsorships & Grants:
zdfl*
CASH
committed RECE,I*
BALANCE
INKIND Tohr
?AI
CMB
Apparet Sponsor Adidas $220,000
, $550,000
$100,000 $120,000 $220,000
Aloohol Sponsor Colce $0-
Alcobl Sponsor Budwesior $50,000 $5o,ooo $50,000
Bronzo Sponsor Copenhagen Tourism $50,000 1i
Hotel Sponsor ThoNational Hotel $21,e06 $20,000 $1,600 $21,6{0
Demttrlon Srcnsor MyGayMiaml $40,m0 $20,000 $20,000 $40,000
Decathlon Sponsor Mami DadeCounty
Commissioner $25,000 $25,ooo $25,ooo
IY:3y:"- "--il&i1l'l]llll " . i1"':3-*---.*.-""--" *****-****
Hotel Sponsor Marriot Hotel $15,000
Sponmr
Sponsor
Sponsor Expo - $5,000 $5,000 $5,000
Suonsor Prestiase AV $5000 $5,000 $5,000
Sponsor Spetrum(Globnl $r,m6 \$5,0m $H,000Speatrum) i\$1O000 .
--^__^- Co[ins Park Neigh 6, /vr/rSponsor$7,000
Sponsor
Art & Business
Council
$5,000 $5,000 $5,000
Sponsor CAREResource
Grant - Florida Sports
Foundation
$"F00
$1p07,600
$200,000
$12s0 $12s0 $2J00
$270,?so $335p(t0 $oor,sso $lprrloo
$o
$200,@ $200,@0
Granr*VCA
Grant-GMCVB
$195,000 $1
Grant-Miami Dade
Culfirre $gg+t $4841 $s,o0o $9841
;ffii:YT: .. v:Yi---w----* ** ffi
Grant - State of floridacuttrne szorrn
$s24p41
$2O.(m $20,000
#t2tgtt $z70,ooo $30,000 $senplr
rtt
!' '; o'
$1,732,541('ffi;;\ g6os,ooo g531ffi:, $tn54t
57
Miarni Beach-Miarni LGBT Sports & Cultural League, lnc-
BALANCE SHEET
As of March 14,n17
ASSE-TS
Gunent Assets-- BankAcco
MDGLCC Foundallon - WOG C017
MDGLCC Foundadon Savlngis - Wells
Fargo
Mlarnl Beactr-Mlaml LGBT Sporls and
GuturalLeague, lnc
ToH.tsank-{oeounb
Accounls Recelvable
Accounts Ffecelvable (fl R)
IotdAcaounbtuqilat e
Olhar currsnt As6ets
Secudty Deposlt
IetilO&terCumnt-Asoatg
Igtalquenl-Aso#
xursl-rssEr€
-i
I,840.53
1,151.87
14381.51
0L:7"0at41
9,000.m
sq00il00
6,125.50
$8UlE.50
ssL{,m^o1
&1$34^er
LIABIL]TIESAND EOUITY
Uabili[€B
Cunqnt Llabllltles
Accounb Payable
Accourts Payable (A/P)
IotdAceounbPqnhb
Other Curerrt LhbllhiEs
Loan
Tsd O&ar Glrcnt I taUllilss
IdCurantLfffiffis
TstdlfrSlhs
EquW
Opening Balance EguilY
Retalned Eamlngs
Net lncoms
IffitEstfiy
TOIAIIJAEII."TIIES.fiIIDEQUTTY
6,008.00
$q00400
-1,000.00
s-Le00-00
05'00400
05.00400
100,00
5000.44
21,390.47
s2qJt90-91
$3t408-01
Acdusl EaslB Tuosdav. Malch 14, 2017 09:15 AM GMf-7 1'1
58
ffiHffi
lkL)rA t1 , b(l- Mainviuage - comrnurrity stage
Lummus Fark I OceanDrive 7th to 8th Streots
Tuesday, May 29, 2017 lo Swday, llrlre 4, 2Al7
EVBNTAFFITIATTONS
Snnctionod By: City of Miami Bsach
Intoruatlonal Governlng Body:ffiionalTorly
lnternational Hockey Fedoration (trIF)
PiokHockey
Badmiton World Federation (BWf)
Ferderaoion Internacional de Basketba[ 6tBA)
National Gay Basketball Association
World Brldge Feredation
Fodoraclon Intornacional de Domino (fID)
Federaolon Intornaclonal de Volleyball (FM)
North Amerioan Gay Volloyball Asscociation (NAGVA)
ftrternational Madal Arb Fedoration (IMAF)
Foderaoion Intornaoional dos Luttos Associees (fItA)
lVrestlers Without B oarders
Royal& Anclent Club of SaintAndrows
Est Sponsolships &
Grants:
Title Sponsor TBD
PrcsentingSponsor CMB
Alcohol Sponsor Bacardi, Carlsberg, Coke
Bronze Sponsor CopenhagenTourlsm
Ilotel Sponsor The National Hotol
Docathlon Sponsor My GayMiami ---
Deoathlon Sponsor MiamiDade
Commissloner
Hotsl sponsor MardotHotel
Triathlon Sponsor lsraeli Tourism
Triathlort Sponsor Ritz Carlton South Beach
Sponsor AARP
Est. Valuo: CA$H INKIND
$2,357,000.000 $735,750 $421,250
$1,000,000.00'"a @i:sffi
Sponsor
Sponsor
Sponsor
Grant*Flotida Sporls
Foundation
Grant-VCA
Grant-GMCVB
Grmrt-Miami Dade
Cultno
Grant- State of Florida
Culflue
Collins ParkNeigh"
Assoc.
Art & Business Courcil
CARE Rssoutce
$50,000.00 25,000 25,ooo
s30.000.00 s20.000 s10.000
-_
$25,000,00 s2s,ooo slo,ooo
$25,000.00 $zs,goo
$15,000.00
$10,000,00 $1o,ooo
$10,000.00 $1o,0oo
$7,500.00 $7,500
$7,ooo.oo $z,0oo
$5,000.00 $s,000
$2.soo.qg $r,2so $1,2s0
$1,837,000.00 $240,750 $39X.,250
$200,000,00 $2oO,Ooo
$195,000.00 $195,000
$80,000.00 $50,000 $3o,oo0
$30,000.00 53o,0oo
$29,000.00 $?o.o9o
$520,000.00 $495,000 $3o,oo0
59
I
Miami Beach-Miarni LGBT Sports & Cultural League, lnc.
PROFITAND LOSS
Januaryl-March14,2017
INCOME
NationatHotel
ROEI$ieiloR-Fe-es-
IeHJnooms
GRO$S PROFIT
EXPENSES
Aquatlcs Expenses
OPERATION EXPEN8ES
Bank Chargeo
Offlce Expenses
Other General and Admln ExPenses
PosUge/Malllng
HentorLease
Telephone
UtiliHes
IoH OFIffAIIQN.EXPENSEB
PAYROLL EXPENSES
Exacutlve Director
Sports Dlredor
IotatPSffiOl.L ExPEtlEES
PR& MARKETING
Advertising
Advqtishs/Prcmotlonal
Event Actlvatlons
Printing
Promotional
Ioild.PR&IIAFNEIING
Rowlng
Subconlac'tors
Travel
lnternet Accsss Fses
Travel Enterialnment
Travel Holeulodglng
TravelTlps
Travel Trans?ortation/taxi/car rental
Iohtlratd
Travel Meals
Vsnue Feos
IoH."6penses
NETOPERATING INCOME
OTHER EXPENSES
bf,ecollaneous
26,685.00
-116791-41-
silq-4zffil
$1{,tf,426€1
8,500.00
s0"00
476.82
I.13
r89.91
6,521.59
674-0e
80,59
7pe4is.
9,000.00
5,025.@
1+02e00
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61
No. LTC # 279-2A17
Mayor Philip Levine and Members the City
LETTER TO COMMISSION
TO:
FROM:Jimmy L. Morales, Gity Manager
DATE: May 25,2017
SUBJECT: UPDATE ON THE WORLD EVENT
This purpose of this Letter to Commission (LTC) is to provide an update to the
Mayor and Commission on recent developments that are impacting the Miami Beach World
OutGames event, scheduled to take place frorn May 26, 2017 to June 4,2A17. The event,
produced by the Miaml Beach-Miami LGBT Sports and Cultural League, lnc., is operating under
the fiscal urnbrella of the MDGLCC Foundation, Inc. The OutGarnes, which includes the Global
LGBTQ Human Rights Conference, has scheduled Miami Beach-based event uses of Lummus
Park, Soundscape Park and New World Symphony, Flamingo Park, The Loews Miami Beach
Hotel, The Cotony Theater, and the Fillmore Miarni Beach, in addition to the National Hotel
which serves as the host hotel for the event.
ln our effort to do everything possible to support World OutGames, the Gity has reduced
deposits and extended deadlines, multiple times. ln fact, with events set to begin tomorrow, the
City has yet to receive the required $5,000 special event deposit and several other key
permitting components have not been met. City staff is dolng everything possible to make this
event happen, and we are stillwilling to issue the permit in the final hour.
City staff has worked consistently for the past several months to assist the event producers with
special events planning and permitting; fundraising efforts; relocating events to low or no cost
venues; assisting with local partners to provide support and access; and providing financial
support to cover police staffing costs. As a lead sponsor of the event, the City has also waived
all related special event and permitting fees for this event and provided $200,000 in cash
sponsorship of the OutGames, inclusive of $50,000 in loan forgiveness.
Working in tandem with OutGames CEO lvan Cano and Executive Director Keith Hart, City staff
has worked diligently to provide support, guidance, and assistance with all aspects of this event,
including:
1. Logistics coordination via the Office of Tourism, Culture and Economic Development
(TCED) including all planning and establishment of meetings with all City resource
requirements including City Police, Fire, Parks, Sanitation, Parking, and
Transportation. Staff has guided the events producers through the required Special
Events Community Meetings and all required permitting elements, and further has,
since December of 2016, been in constant weekly communication with the producers
to help walk them through the checklist of requirements, coordinate with all related
City departments, help to problem solve and generally provide the full support of the
TCED department.
62
2.The City has waived all associated special event permitting fees, and has extended
every deadline for permitting. The initial deadline for delivery of all special event
permitting requirements, payments, statfing, building permits, sign-offs, site plans,
and insurance was May 12,2017. As of today's date, the event does not have a
special event permit, nor have the producers delivered the required deposit, final site
plans, and meter request.
Statf has worked to help relocate the following events at low to no cost venues,
requesling the assistance of our local partners to collaborate by waiving rental fees
and providing deep discounts:
a. Hurnan Rights Conference - originally planned for the Miami Beach
Convention Center, relocated with City staff assistance to The Loews Miarni
Beach Hotel with a 25a/o discount on food and beverage and waiver of all
rental fees. City staff also explored relocating the Conference to New World
Symphony, the lnterContinental Hotel in Miami, and several other local
venues, with exhauetive research and collaboration with these venues to
create discounted or pro bono offers to OutGames. All venues collaborated
fully with the City and were open and amenable to hosting the Conference.
Ultimately, OutGames producers chose lhe Loews as the Conference venue,
after severalweeks of in-depth conversations with venue and City staff.
b. Opening Ceremony - originally planned for Marlins Stadium, but relocated
due to the event producer's inability to pay the rental fee (a $75,000 deposit
was forfeited); relocated with City staff assistance to the Fillmore Miami
Beach, with a waiver of $3,000 of the required rental fee - which is the
maximum amounl possible for a waiver. City staff also explored the possible
usage of the Botanical Gardens, New World Symphony and the
lnterContinental for the Opening Ceremonies. Again, all venues worked in
tandem with City staff to preseni opportunities that would help to support the
event,
c. Cultural Events - although previously booked with a hold for another event,
with City staff assistance the Colony Theater was able to free up all of the
requested dates for OutGarnes cultural events, and to provide a rental
waiver, as approved by the CulturalArts Council.
d. Festival Village * originally intended to be in Lummus Park, and opening on
Memorial Day Weekend, Friday, May 26, 2017. ln the Special Events
Meeting held on February 16, 2017, event producers were advised of the
City's standard policy during high impact weekend$, such as Memorial Day
Weekend and particularly on Ocean Drive and in Lummus Park, that major
evenl activation is restricted for the safety of residents and visitors. As such,
the Village could be permifted to include ambient music, a hospitality and
3.
63
registration destination for OutGames participants, a VIP area, bar and
lounge, and simply not include amplified sound from May 26-28, 2017.
Beginning on Monday, May 29, 2017, permitting would allow for amplified
sound and performance activation.
Nonetheless, event producers decided to relocate the Village, and City staff
worked diligently to assist them with an exhaustive search for an alternate
space including Soundscape Park, The Fillmore lawn, and 73d Street
sandbowl. New World Symphony was willing to collaborate and host the
Mllage at Soundscape Park, but the cost of restoring the grass was
prohibitive to the producers. The Fillmore was willing to host the Village on
their lawn, but the cost was prohibitive to the producers. Ultimately, the event
producers decided to relocate the Village to the National Hotel for the full ten
days - May 26-June 4,2017. This decision was made on May 3, 20'17. As
planning began for the Village at the National, Keith Hart approached the City
with a request for assistance, and the City Manager agreed to cover all
necessary police staffing costs - including the Village, Opening Ceremony,
and all sporting and cultural events, which was budgeted as of May 22,2017
in the amount of $14,500.
The OutGames contract with the hotel called for a certain amount of rooms to
be rented throughout the entire games. Based on the contractually agreed
upon room occupancy the OutGames promised to the National Hotel, the
hotel initially agreed to provide the use of the pool area for the Village at no
cost. We have now learned that OutGames was not able to provide the room
rentals they promised, are in breach of the contract they entered into, and
currently owe a substantial amount of money to the hotel. Because of this,
the hotel was not willing to provide the pool area for the Mllage. This was the
hotel's decision, and independent of any City decision or permitting issue. lt
should also be noted that the National Hotel was not willing to provide
amplified music for all ten days. Like the City, they would not allow amplified
music over the Memorial Day Weekend. lt is important to note that, due to
the need for monetary funding, OutGames also had plans to selltickets to the
general public to enter the Village. As you know, the amplified music at the
pool area and sale of tickets requires a special event permit from the
City. City Ordinances state that the adjacent hotels must give their approval
for special events. All events that come into the City are bound by this rule
and OutGames producers are very familiar with these guidelines, as they
have produced events throughout the City and including at the National. One
of the adjacent hotels did not give its consent.
Basketbal!, lndoor Volleyball, Badminton staff provided a
comprehensive list of alternate City-owned venues to host all of these events
rent free. Event producers chose to relocate basketball events to Miami
A
64
Beach High School, where the courts are being provided at no charge. For
indoor volleyball, producers concluded that none of our venues had sufficient
colrrts, and so the Otfice of the City Manager reached out to coordinate use
of the University of Miami (UM) basketball courts for both indoor volleyball
and badminton. When approached by Keith Hart and lvan Cano for
assistance with the UM rental fee, the City Manager's Office facilitated
$20,000 in donations from City vendors to fully subsidize the UM usage.
As of today, the City has been advised that the marathon and half marathons have been
cancelled by the producer of those events due to non-payment by OutGames.
On behalf of the staff and City of Miami Beach, we are very committed to our LGBTQ
community, and have put all resources toward supporting World OutGames. We are
dedicated to ensuring the success of OutGames events in the City of Miami Beach, and have
done everything in our power to provide support. Statf has consistently been proactive,
engaged, supportive and flexible with OutGames producers.
We welcome and applaud the athletes, families, and visitors in attendance, and remain honored
to be chosen as a host city known for our unwavering commitment to the LGBTQ community,
65
From:
Sent:
To:
Cc:
Subject:
Morales, Jimmy
Tuesday, May 30, 2017 1:55 PM
'Stephan Ginez'
Mayor's Office; Sanchez, Juan; Silverstein, Eva; Brooks, Kathie;
Monserrat, Marcia; Daniels, Tonya
RE: URGENT: World OutGames - Let's make it right before
participating athletes leave Miami.
Mr. Ginez,
I appreciate your recognition of what the City of Miami Beach has done to try to salvage the
OutGames. I also want to acknowledge all the work and support from the Greater Miami and
Convention Visitors Bureau (GMCVB) and also from Steve Adkins and the Miami Dade Gay and Lesbian
Chamber of Commerce (MDGLCC).
I am concerned that your statement seems to indicate that we should not have allowed them additional
time to make this event work, and that somehow it is our fault that these athletes were stranded
without games. Let me be clear that at the end of the day, the leadership of World OutGames Miami
decided to cancel the OutGames, not the City of Miami Beach. Many of their events were not even
being held on Miami Beach, therefore we had no regulatory jurisdiction over those events. What we
collectively have done is try to salvage as many of the week's events as possible. The record should
reflect, for example, that the Human Rights Conference would not have occurred if the GMCVB had not
guaranteed the Loew's Hotel that it would be paid. Even as late as today, we have discovered that the
hotel fees for the speakers at the conference had not been paid and the MDGLCC has identified
donations to cover those expenses. The City raised the OutGames $Z0f so that they could hold certain
sporting events at the University of Miami (which they still canceled). The City forgave a SSOX loan to
help them financially. At our expense, we are holding a series of athletic events for the athletes at City
facilities, including tennis, field hockey, basketball, volleyball, track and soccer. I think that as a
community, we have collectively stepped up to try to clean up the mess left by the organizers.
I don't believe that this unfortunate incident will endanger future LGBTQ events in Miami Beach. Our
continuing commitment is evident by the number of LGBTQ events held in our city throughout the
calendar year, which include the Winter Party, White Party, Miami Beach Pride, Agua Girl Events, and
the Gay & Lesbian Film Festival. We have an outstanding partnership with local LGBTQ organizations
such as SAVE, the National LGBTQ Task Force, Equality Florida, Pridelines Youth Services, and the Miami-
Dade County Gay Lesbian Chamber of Commerce. On the contrary, a well-planned event will not find a
better host city than Miami Beach.
The S200K you are referencing is not available for a Recovery Fund. Those funds have specific
conditions attached to their release, and those were not met. Between now and June 4th, there is
nothing administratively that can be done to release the funds. Furthermore, we still don't know for
sure if other unpaid expenses will be discovered in the weeks ahead (like the one I mentioned above
that was discovered today). I think we owe it to our local community to make sure all bilts are paid to
our local vendors and providers. Finally, I don't think the City should be the entity raising funds for a
Recovery Fund and determining how to disburse those sums. I would not recommend that the City take
on such liability, particularly since the underlying event was not a City event.
66
Thank you again for all you have done to assist, I am sure the drinks and sauna have helped ease some
of their pain. I look forward to meeting many of them tomorrow night at the Botanical Garden.
MIAMIMSACH
Jimmy Morales
GIty Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drlve, Miami Beach, FL 33139
Tel: 305673-7010 / Fax: 305S73-7782 / htto://www.miamibeachfl.qov
We are committed to ptoviding excellent pubtic service and solety to all who live, work and play in our vibrunt, tropicat, histotic community,
From: Stephan Ginez lmailto:stephan@qa
Sent: Monday, May 29,20L7 6:01 PM
Subject: URGENT: World OutGames - Let's make it right before participating athletes leave Miami.
To: Mayor, City Commissioners, City Manager, Chair of the Miami Foundation GLBT
Fund.
Since the announcement of the cancellation of World OutGames Miami, the City of
Miami Beach and many others jumped in to save what could be saved. We should all
be thankful for those efforts.
What is being done will not appease, however, athletes who trained for months,
allocated their vacation time, saved and spent a substantial amount of money
to travel to our city and compete.
The city of Miami Beach went out of its way to help World OutGames Miami by
reducing costs and postponing every deadline until the last day. This showed its
ongoing commitment to support the LGBT community.
Unfortunately, the decision to postpone the deadline completely backfired on the
participating athletes: if the deadline of May 12 for the insurance and the
67
permitting had been respected, athletes would have had the option to cancel their
trip. When the announcement of the cancellation was made on Friday, most of the
athletes were already here or in transit.
This added a lot to their anger as most of them felt trapped. We need to accept that
part of responsibility even though there was no bad intention from the City.
Late last year, the City had agreed to come up with additional funding if the World
OutGames Miami were able to raise a ceftain amount of funds by specific deadlines.
It is my understanding that $200,000 additional funds were reseryed for that purpose
but were never distributed because the OutGames were unable to meet the
requirements.
I am asking the City to allocate these earmarked $200,000 to a World OutGames
Miami Recovery Fund to benefit the participating athletes. This should be done
this week before the athletes leave town so we can show them our commitment
to make it right.
It would be unfair to let the city carry the full financial burden of this fund. I am
asking board members of The Miami Foundation GLBT Fund to allocate as much
as possible to the World OutGames Miami Recovery Fund.lt is my understanding
that more than $250,000 were distributed last year. At a time of such an international
debacle our community cannot stay on the sideline and reserve all these funds to our
local organizations as if nothing had happened.
Community individuals should be able to contribute to that recovery fund directly or
through fundraising efforts by local LGBT organizations.
As owners of the Gaythering, Miami Beach only Gay Hotel, we have
been offering unlimited complimentary drinks, access to our spa/sauna and shuttle
68
services to all athletes. We are glad many athletes already took advantage of
our offer. We are willing to put together fundraising events and commit up to
$10,000 if this recovery fund is created as we understand the impact on these
athletes and on our city's image with the LGBT community.
This scandal could also make it very difficult for future LGBT events in Miami Beach
to find sponsors. At the same time, we, as community members, need to come up
with better ways to supervise the funding and operations of our local organizations.
We need to be impeccable and fully transparent. This was obviously not the case
with World OutGames Miami. Let us use this opportunity to better ourselves and
come up with better guidelines as too many of our organizations still don't have
strong bylaws to prevent these issues.
As Memorial Day weekend is ending with 2 fatalities. Some are looking (again) at
ways to ban/end Urban Week. The city has been "managing/controlling" that
event for the last L7 years at a cost over $1,000,000 per year!
At the same time, we are hosting thousands of members of the LGBT community
without any incident although most of them had plenty of reason to be very angry.
What we are asking you to do with a recovery fund is NOTHING compared to what
is spentyearly bythe citytojust "manage" Urban Week.You can send a strong
signal about which visitors you want to see coming back.
Please do the right thing and do it this week so these Athletes can go back home
with a better image of our city. We only have until Sunday June 4'h to try to change
the perception our visiting athletes will take back home.
I invite you to move quickly. Details about how the funds should be allocated to
athletes can be worked out later. An announcement and the collection of the contact
information is all we need this week.
69
Making that announcement at the event you are holding at the Botanical Garden this
week would be the best that could be done for our athletes.
Sincerely
Stephan Ginez
Stephan Ginez
"Mother Superior"
HOTEL GAYTHERING
I\'Iiami Beach Onl-v Gay Hotel
1409 Lincoln Road
Illiami Beach, FL 33139
Stephan Ginez
"Mother Superior"
7BO 284 1 176 Office
305 308 577A Ceil
Hotel Gaythering
1409 Lincoln Road
MiamiBeach, F|33139
vwvw.qavtherinq.com
$ffi
70
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: DISCUSSION REGARDING A REQUEST THAT THE CITY MANAGER
PRORATE THE ANNUAL SQUARE FOOTAGE FEE FOR SIDEWALK CAFE
PERMITTEES LOCATED ON ESPANIOLA WAY (THAT ARE IN GOOD
STANDING)SO THATASQUARE FOOTAGE FEE IS ONLYCHARGED FOR
THE PERIOD BETWEEN JUNE 1,2017 AND SEPTEMBER 30,2A17.
ANALYS!S
Pursuant to the request of Commissioner Michael Grieco, the above-referenced discussion
item has been placed on the June 7, 2017 CiW Commission meeting agenda.
Pursuant to City Code Sec. 82-383(b), "[t]he 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." Due to the near-completion of the City's capital improvement
project on Espafrola Way, Commissioner Grieco is requesting that the Mayor and City
Commission direct the City Manager to prorate the square footage fee for sidewalk cafe
permittees located on Espafrola Way (that are in good standing) so that a square footage fee is
only charged forthe period between June 1 ,2017 and September 30, 2017.
Legislative Tracking
Office of the CityAttomey
Sponsor
Commissioner Michael Grieco
New Business and Commission Requests - R9 M
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
June 7,2017
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